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Home My WebLink AboutAgenda Report - October 15, 1986 (73)COhrissZON Council was apr_-i secth t Mla-�'cr Reid arc Counci Dison recently attended a study sess._o•? atte =k.. 'd i3�' the CC-7 (M) :,11IM CiYiTt-i ssic fr:erb.?amu , alternates, aurid l.�,vrs of the sj-% cities in S&,; ia4:. ..oLmt}' he 7 i1 tctiic o_ discussion at tna t rreetwas t.ti - current LArIC0 ilat Ma a'" ?E Y City ?' .^k req i' Snant do es :':Ci. :"u t ,Do!v tc ti'.e �<;,_. .'-+'-.. w.�^n�ri. .. :a- $ t.a-�. �.�.. ,.; c:::SvS .-3 tu}: :.S study sessio'- :jna . movors of present hiI s :,atter .to itiz resp-,<-tive Cita. CcLncil-s `c:z review arc reca:rendatio:.. w 1 C"TJINCIIL C01UNJU ICaT10Y PREPARED BY: City Manager RECc ID ACTION: That the City Council disc -ass existing }oval Age=cy Fornation Camdssion (LA'M) structure and procedures and take action as deered appropriate. BACKGROM INFORMATION: Mayor Reid and CounciL�riber Olson recently attend f' a study session attended by the LAFCO ccnission members, alternates and mayors of the six cities in ' San Joaquin County. The main topic of discussion at that meeting was the t_ ' current LAFC'U requirement that City-rembers abstain froni voting on matters affecting the member's city. The same regZiiresre_nt does not currently apply to the County -members. It was the consensus at this study session that the mayors of each city.present this matter to their respective City Councils for review _ and recommendation. Attached (L%hibit A) is additional background information for the Council's review. n- Mayor Reid and Councilmember Olson will be prepared to present this matter to the City Council. 1 Respectfully submitted, Thomas A. Peterson r` City Manager TAP:br` ax attachment COUNCO99 LOCAL AGENCY FORMATIOi. COMMISSION Prior to 1983, State law required that a City -member be disqualified" Ex ECUTIVE G. r"ICER -- GERALD F. SCOTT '. 1810 EAST NAZ£IN AVENUE "AF a ILF 0STOGKTON, CALIFORNIA 95205 Effective January 1983, the City Selection Committee in each County PHONE: 2097944-2196 LEGAL COUNSEL MICHAEL MCGREW - - - -DEPUTY COUNTY, COUNSEL OF SAN JOAQUIN COUNTY the rule that: "The city member will not need to abstain from voting." March 1, 1985 COMMISSION MEMBERS HAROLD R NELSON. CHAta"AN +u -C C..RE. Ox'Itb C_ FNNtS. VICE.CHAIRMAN ESCALON C1_ COVRCILMA.N GEORGE L_ DAPSER _ Fw 0:4TRtCT lVPCRVISDR DON SIMPSON TRACY GIT/ COVNCILA.AN- DOJGLASS W. WH.MO/r-- 2ND DISTReCF SUPCR..SCR - STANLEY MORTENSEN, ALTERNATE -- V"LIC MEYRER EVELYN WOLSON, AL7.X wATE LOO: CITY CDUN�IL MEMRER RICHARD S. _f OSNIKAWA. ALTERNATE IST D:SFRICT SVKRV.SCR - EX-HI3IT A TO: LAFCo Commissioners FROM: Gerald F. Scott, Executive Officer t/ SUBJECT: City -Member Disqualification when Proposals affect the Member's City (History and current rule) HISTORY: Prior to 1983, State law required that a City -member be disqualified" and abstain from participation (discussion and voting) when -a proposal -- affected the member's city. 1 t Effective January 1983, the City Selection Committee in each County was given the responsibility to decide if a City -Member wculd be disqualified. On May ;, 1983, the San Joaquin County City Selection Committee adopted the rule that: "The city member will not need to abstain from voting." I On January 6, 1984, the City Selection Committee modified its rule: - "All City Members can participate in discussion of proposals pertain-" s. ing to their cities, but may not vote." On May 2, 1984, .the City Selection Committee considered a motion to allow City -Members to vote on proposals affecting their city. How- ever the motion did not pass due to a 3 to 3 tie vote of committee member.' f CURRENT RUTE: The current rule remains as established on Januar,- 6, 1984 as follows: City -Members shall be disqualified and abstain from Voting0n any proposal which affects their own city. However the me he_ may participate in discussion of such proposal. City selection camittee 56335. In each --ounty containing two cr more cities, regular and alternate city members to the ccemission shall be appointed by the city selection cotrmittee organized in the count.) pursuant to and in the manner provided in Article 3.1 (commencing with Section 50270) of Chapter 1 of Part 1 o: Division 3. Regular metr ers of the cor.:r;ission shall be appointed by the city selection corunittee pursuant to Sections 563255, 56326, and 56327. The city selection cc=dittee shall appoint one alternate member to the commission in the sante manner as it appoints a regular member. If one of the regular city members is absent from a commission Meeting, or disqualifies his.Self or herself from Farticipatinc in a meeting, the alternate member may serve and vote in place of that regular city meirber for that meeting. Except in the case of a member appointed pursuant to subdivision (d) of Section 56326 c. subdivision (b) of Jticn 5632., c. selection ccmrtiittee, may, at the time it appcints a =ember or ,alternate, provide that the member or alter:ate is discualifZtd from voting on annexaticntS tU the c-,ty of which the mc:.:ber is a rerresenta�ive. ;� if the -office of a regular cit, becomes vacant, thealternate member .:..:av serve and vote in place of the former regular city member until_ the aapointr.ent and qualification of a regular city metrber to fill the' vacancy. Disqualification of 56336. Each commissi_nmay adopt member; regulations regulations with resNe t to dis_ualific.tivn of v. e, frog; particip ting in the review of a proposal. In the absence, 'rowever, of those regulations, Section 56332 cr 5x;335 s ;ail apply. The representation a r.em!Der of a city shall not disqualify, or be cause fcr disoualificaticn of, the member from ac�in c a proposal affecting the city, and a j regulation providing for the of a city representative is null and vci�. `Section 2: Limitation on Disqualification of County Commissioners. Not more than one county commissioner shall be disqualified from participating in the Comnission's consideration of a proposal. Accordingly: (a) If a proposal involves all of the territory in Stanislaus County, none of the county members shall be disqualified. (Adopted 5--24-'17)- (b) If a proposal involves land within the supervisorial districts of two or more County commissioners, only the camissioner in whose district tha largest percentage of the land area is located shall be disqualified. (Adopted 8-15-75), (c.) A county commissioner, who would otherwise be disqualified, may participate in the consiceration of a proposal if participation is necessary for qucrum purposes. (Adopted 8-15-75). Section 3: Disqualification of City Members. A city commissioner shall not be disqualified from participatino in the Commission's consideration of a proposal which involves territory in the city. (Adopted 5-1-83). Section 4: Disqualification of Public Member_ A public member shall not be disqualified from participatinn in the Conanission's consideration of a proposal wH ch involves territory of a city in which they reside. (Adopted 10-1.7-84). Section 5: Participation of Disqualified Commissioners. A corunissioner who is disqualified from voting on a proposal or matter before the Cormission pursuant to Article ! of these e;laws may nevertheless participate in the discussion of the proposal or ratter. A commissioner disqualified per the Fair Political Practices Act may not participate in the discussicr.. (Adopted 8-15-75; amended 10-17-84). LEGISLATIVE FEPORT CALAFCO ANNUAL CONFERENCE SANT ZRUZ SEPTEMBER 17, 1486 R AB 2612 (Frazee) Would permit special district members of LAFCOs to vote on proposals affecting. their own districts and nullify any local regulations creating automatic disqualification. Status: Chapter 86. Takes effect January 1, 1587. Legislative Committee Recommendation: Support Boa rd--A-ction: Support J.,F,,xecutive �s-MY�3K+iM'.w-a4rT~- _ AB 2674 (Connelly) This bill makes substantial changes to the Ralph M. Brown Act. The bill requires a 2/3 vote of a Board or Commission to consider an action which arose subsequent to agenda posting. The bill would also require a period for -'public comment" on each agenda. Status: Chapter 641. Takes effect January 1, 1587. Legislative Committee Recommendation: No position. Executive Board Action: ----------------------------- AB.2820 (Lewis) Would exempt LAFCO Commissioners from the "automatic disqualification" provisions of Section 84308 of the Political Reform Act. (Subcommittee formed: Jane Merrill, Ruth Benell, Richard Turner, Veronica Ferguson) Status: Hearings cancelled at the request of the author. Legislative Committee Recormendation:-Support Executive Board Action: Support AB 3075 (Cortese) Would establish special proceedings for "university lands". It would grant collegiate institutions the authority to, veto annexations of their land to cities and would require LAFCOs to consider such lands in adopting spheres and in reviewing 2