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HomeMy WebLinkAboutMinutes - March 12, 2019 SSLODI CITY COUNCIL SHIRTSLEEVE SESSION CARNEGIE FORUM, 305 WEST PINE STREET TUESDAY, MARCH 12, 2019 A. Roll Call by City Clerk An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, March 12, 2019, commencing at 7:25 a.m. Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor Chandler Absent: Council Member Mounce Also Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo B. Topic(s) B-1 Receive Information Relating to Notice of Intent Requesting Special Election in 2019 to Consider Amendments to Lodi Municipal Code Section 2.04.070 Relating to Mavor and Mayor Pro Tempore Selection Process (CM) City Manager Steve Schwabauer provided a presentation regarding a Notice of Intent requesting a special election in 2019 to consider amendments to Lodi Municipal Code Section 2.04.070 relating to Mayor and Mayor Pro Tempore selection process. Specific topics of discussion included purpose of Notice of Intent that would move the selection of Mayor and Mayor Pro Tempore to a rotational basis; staff concerns on the mechanics of the proposed initiative, including ambiguity in the language on who would be eligible for the random drawing in 2019; City's position of not providing legal advise but obligation to raise issues of concern so the public is properly informed before voting; and past practice of pointing out issues of concern in proposed initiative language. Mr. Schwabauer stated the proponent presented draft language to address the concerns brought up by staff, which appears to satisfy the concerns, and he anticipated an amended Notice of Intent will be filed soon. In response to Council Member Nakanishi, Mr. Schwabauer stated the proposed initiative is structured for a November 2019 special election, the City pays for all elections whether regular or special, and a special election would be significantly more costly than a regular election because the City would absorb the full burden if no other agency has an election to share in the costs. In further response, City Attorney Magdich stated that, if enough signatures are obtained and the petition is sufficient, Council has the option to adopt the initiative as written or set it on the ballot to be decided on by voters. Council Member Nakanishi stated he was opposed to setting this matter for a special election based on the facts that the cost is significant and Council would no longer have a choice in selecting its Mayor and Mayor Pro Tempore, especially if there is a disruptive member on the Council or a member who may be incapable of devoting the amount of time it takes to serve as Mayor, whether due to work commitments or physical restrictions. Council Member Johnson concurred, stating that last year he made it clear he did not want to be considered for Mayor or Mayor Pro Tempore, and this process would prevent him from sitting out a turn. In response to Council Member Johnson, City Clerk Ferraiolo stated the proponent needs signatures from 10 percent of the registered voters as last reported to the Secretary of State, which would be 3,194 signatures. She added that the figure may change, depending on when the proponent publishes the Notice of Intent. Spencer Rhoads, proponent of the initiative, stated he put his measure forward as a result of the recent change from at -large to by -district elections so that the selection of Mayor and Mayor Pro Tempore is guaranteed to no longer be political and contentious at times. Without this change, it is possible that a Council district can elect a Council Member who may never be selected to serve as Mayor and Mayor Pro Tempore, which he believed would be a disservice to their constituents. Under the proposed initiative, the position of Mayor would rotate annually by district in numerical order following the 2020 election after all Council districts are officially represented. Mr. Rhoads stated he believes he addressed staff's concerns in the initial proposed language by changing the rotation to occur after the certification of the election, not the canvass, during election years and to address the Mayor and Mayor Pro Tempore selection in December 2019 when Districts 4 and 5 officially have no representatives. With regard to the cost of a special election, he pointed out the City paid its share of the 2018 General Municipal Election, in addition to spending $148,000 on consultants for Measure L. He stated he believes his measure will likely be less expensive. Regarding the other comments, any disruptive Council Member would have to face their district's constituents regarding their behavior, and Council Members are elected to serve and should be ready, willing, and able to step into the Mayor or Mayor Pro Tempore role. Council needs to start thinking about the future of districts. In response to Council Member Nakanishi, Mr. Schwabauer stated the money for the Measure L consultant was spent on outreach to ask constituents what is important, to prioritize the wants, and to education them on the City's budget. The committee in support of Measure L paid to campaign for the Measure; not the City. Council Member Nakanishi stated that, despite being elected as a Council Member, not every member has the time it takes to serve as Mayor because it requires a significant commitment, time, and effort. He stated the City as a whole is important to him and this change would further divide the City into segments, which it was forced to do by the Mexican American Legal Defense and Education Fund. This change will further politicize local government. Council Member Johnson stated he feels this is another step toward tunnel vision and thinking only about districts, and not the City as a whole. Citizens have complained that the east side of town has been ignored; however, he is comfortable in the knowledge that his votes have been just as equal to the citizens on the east side as it has been on the west side. He hoped this district -thinking does not become so territorial that Council Members only think about certain locations, instead of citywide. Mr. Roads stated it appears Council is more concerned with the district election model than his proposed measure. Pat Patrick, President and CEO of the Lodi District Chamber of Commerce, concurred with Council's comments that this change is unnecessary, stating it has only been a handful of times since the City's incorporation in 1906 that a Mayor Pro Tempore did not move into the mayoral position. Lodi elected five individuals to govern the City and make decisions, one of which is who will sit in the chair as Mayor. That decision is based on how well the Council works together, the member's confidence in one another, and who the group feels should serve as Mayor. Alex Aliferis, member of the public, stated he supports the proposed measure because it will take out the politics in selecting a Mayor and the people have a right to put this forward through a petition to choose whether or not it wants this change. He stated he does not want special interests running City Hall and believes the City spent money on the Measure L survey to pry opinions out of the public in order to formulate the language of Measure L. Doug Cheney, member of the public, concurred with the points made by Mr. Aliferis, stating he felt it was a crime against taxpayers for the City to spend $148,000 from the general fund to finance a campaign, a practice that is not commonly prosecuted any longer. Mike Lusk stated he supports moving to a district sequential representation of mayors based on the evolution of the electoral processing occurring in Lodi the last couple of years. He stated that since Lodi now has by -district elections, citizens will have greater knowledge about whom they are voting for because of the campaigns, and one of the criteria to consider when voting is an individual's overall qualifications to sit on the Council and to represent the City as Mayor and/or Mayor Pro Tempore. He does not believe this rotational selection based on districts will separate or divide the City. He stated voters should have the opportunity to make the decision on whether to move toward the proposed selection process. 2 Eunice Friederich, member of the public, stated she supports the measure; however, she prefers Council approve the measure and implement the change in order to save money on a special election. She added that she did not support moving to a by -district election process, but now that the City has districts, she believes this new rotational selection makes sense. Ms. Friederich expressed pride in having Council Member Mounce fight for the east side and was disappointed that Council passed her over twice for Mayor. Myrna Wetzel, member of the public, reminded the public that Lodi was forced into moving to a by -district election process over threat of a lawsuit. She stated she hopes there is a consensus amongst everyone. Mike Lusk stated he understood that, if the City were to accept the proposal and adopt the measure as presented, the City could change the ordinance language in the future without going to an election; whereas, if the measure goes on the ballot and is approved, a subsequent ballot measure would be necessary to change the ordinance. He requested clarification on his understanding, to which Ms. Magdich stated she would address that point with Council at a later date. Mayor Pro Tempore Kuehne pointed out that two of the senior members of Council with a cumulative 30 years of experience agree this change is not a good idea. He added that some do not understand the significant time commitment it takes to serve as a Council Member; even more as a Mayor. With regard to the rotation process, Mayor Pro Tempore Kuehne reminded the public there are five districts, but Council Members serve four-year terms; therefore, a newly - elected Council Member could serve as Mayor in his or her first year on the Council without any knowledge or experience. There is a learning curve to be a Council Member, just like with any job, so being thrust into the Mayor position could be problematic. The set rotation does not allow flexibility for a Council Member to decline the Mayor or Mayor Pro Tempore position due to time constraints or health issues, which he felt was problematic because issues arise in people's lives. Council Member Nakanishi suggested the proponent wait another year for a regular election and see how Council handles the next Mayor and Mayor Pro Tempore selection. Mayor Pro Tempore Kuehne stated that all of the Council Members are concerned about the entire City, not just one area, and he was offended to hear comments that one Council Member champions a certain area over another. He pointed to the efforts, attention, and programs he promoted and supported in the Heritage District. He cautioned that once people start dividing areas, the atmosphere could become divisive. Mayor Chandler agreed with most of the perspectives of his fellow Council Members, adding that he believed Council Members should have the discretion to decide if he or she wants to be Mayor because it requires a significant amount of time, as well as commitments to represent the City on a number of other committees and organizations. The person in line for Mayor should have the discretion to decline. C. Comments by Public on Non-Aaenda Items None. D. Adjournment No action was taken by the City Council. The meeting was adjourned at 8:12 a.m. ATTEST: Jennifer M. Ferraiolo City Clerk AGENDA ITEM .+► &% CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Information Relating to Notice of Intent Requesting Special Election in 2019 to Consider Amendments to Lodi Municipal Code Section 2.04.070 Relating to Mayor and Mayor Pro Tempore Selection Process MEETING DATE: March 12, 2019 PREPARED BY: City Manager RECOMMENDED ACTION Receive information relating to Notice of Intent requesting a special election in 2019 to consider amendments to Lodi Municipal Code section 2.04.070 relating to the mayor and mayor pro tempore selection process. BACKGROUND INFORMATION: A Notice of Intent to circulate a petition (attached as Exhibit A) was filed in the City Clerk's Office on Tuesday, March 5, 2019, requesting a special election in 2019 to consider amendments to Lodi Municipal Code section 2.04.070 relating to the mayor and mayor pro tempore selection process. While the City cannot provide legal advice on proposed ordinance changes, staff has concerns with the suggested language that should be shared with Council and the public. The first concern is relatively simple. As Council has experienced, the Registrar is certifying elections later every year. As such, our mayoral succession timeline in the existing ordinance which refers to the "canvas of the election" should be updated to read "In an election year, the Mayor shall be rotated at the first regular meeting after the County Registrar of Voters certifies the election results." The Notice of Intent puts the old language in a citizen -sponsored initiative that could then only be adjusted by initiative. The second concern is that the proposed initiative has the potential to leave no one eligible to be Mayor in its first year. The proposed initiative states the "The Mayor shall rotate annually by district in numerical order." The proposal goes on at several points to state that the rotation is according to represented districts and then to make Districts 1, 2 and 3 ineligible to serve as Mayor in the first effective year of the initiative; however, Districts 4 and 5 have yet to stand for a district election. If, as the proposed initiative presumes, Mayors must serve in the order of their represented districts, but no eligible district has faced a by -district election, the possibility arises that no one is eligible to serve as Mayor for Districts 4 and 5. Staff's final comment is an observation of the mechanics of the proposal, without comment on whether the initiative is positive or negative. Assuming the proposal was amended to address the from district requirements for Districts 4 and 5, there are several ways it could play out. One possibility is that the council member assigned to District 5 is selected by lot. If that were to happen the member assigned to District 4 would then go to the very end of the line and not become mayor until 2024. If the object is to get all members in the mayoral chair, this proposal may well put the representative of District 4 in the farthest wait and given that we run staggered election cycles, that position would have to face another election cycle before being eligible. Receive Information Relating to Notice of Intent Requesting Special Election in 2019 to Consider Amendments to Lodi Municipal Code Section 2.04.070 Relating to Mayor and Mayor Pro Tempore Selection Process March 12, 2019 Page 2 of 2 This is being provided for informational purposes; no Council action or direction is requested. FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable HBIT RECE I ITEC MAR 0 5 2019 Notice of Intent to Circulate Petition _ CITY CLE11 Notice is hereby given by the persons whose naives appear hereon of their intention to 'ircuiate the petition within the City of Lodi for the purpose of updating the process by which Lodi's mayor is selected. A statement of the reasons of the proposed action as contemplated in the petition is as follows: When Lodi switched from at -large elections to district -based elections, the city was split into five districts, and each voter now votes for a candidate they want to represent their district. Despite this new election model, the way our city selects its mayor remains relatively the same. Although the Lodi's Municipal Code says that the council elects one of their peers to b the city's mayor, the city council has participated in a tradition that gives each member a turn as mayor b :fore their four- year term is over. This process is subject to abuse. Members can be elected to represent their district by their constituents, but a majority of the council can prevent a member from ever becoming mayor because of political or socioeconomic differences. Under the current model, a member that represents the of Latino voters could be prevented from ever becoming mayor. Under this proposed measure, each district representative gets their turn to be mayor. Cpencer Rhoads 1416 Mariposa Way, Lodi CA 95242 ct with a majority I hereby request that a ballot title and summary be prepared for this proposed measure. The people of the City of Lodi hereby call for a special election to amend by the vote of the people Lodi Municipal Code Section 2.04.070 as follows: 2.04.070 - Presiding officer—Mayor—Mayor pro tempore. The presiding officer afthe council shall be the mayor_ vn;e--eleeted-by-th d allilLaEly elect f the eleefleli •B�to4'tiE}::� t:;v ::-iii-'y'-^v"�,ii3-F3.1•l--lt� uflay )� �;r w� .�. , G�-ate members of the Gouneii shall be If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor shall preserve strict order and decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of -order, subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. He or she shall sign all ordinances adopted by the council during his presence. In the event of the absence of the mayor, the mayor pro tempore shall sign ordinances as then adopted. A. The mayor shall rotate annually by district in numerical order. The mayor Rro tem are shall be the city council member whose district number is next in numerical order relative to the district number of the CAY council member who is serving as ma ar. When the cily council member reresentin District 5 becomes ma or the ma or ro tempore shall be the City council member re resentin district 1. When the city council member re resentin District 5 concludes his or her service as mayor, the annual rotation sliall start over in nunerical order, with the member representing Distriet• 1 serving. as the. mayor. B. The mayor shall be rotated at the first regular meeting after the canvass of votes done in conjunction with the statewide general election in even-numberedears. In ears where there is no general statewide election, the mayor shall assume office at the first regular mectiniz in December. C. The city shalI conduct a random drawingat the first regular cit council meeting.in December 2419 to determine the ci . council member who will be the mayor set forth b this section. Q ity council members who have served as mayor within the past three years cannot be drawn. The city council member that is chosen in the random d rawing shall be the Ana or and shall serve as mayor until the Crst regular meeting aft eu' the canvas of votes done in conjunction ith the statewide general election in 2020. The mayor pro tempore shall be the city council member whose district number is next in numerical order relative to the district of the ina or. If the couneiI member re resentin g District 5. is drawn the mEi or l2ro tempore shall be the member representing District 1. Qn Janua 1 2021 Lodi Mull ici al Code 2.04.070 C shall no ]trn r be effective and shall be repealed in its entire . B- I hereby request that a ballot title and summary be prepared for the following measure. The people of the City of Lodi hereby call for a special election to amend by the vote of the people Lodi Municipal Code Section 2.04.070 as follows: 2.04.070 - Presiding officer—Mayor—Mayor pro tempore. The presiding officer of the council shall be the mayor_ .. election, die wayor shall be ., . . If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor shall preserve strict order and decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. He or she shall sign all ordinances adopted by the council during his presence. In the event of the absence of the mayor, the mayor pro tempore shall sign ordinances as then adopted. A. The tna or shal I rotate annually by district in name ' •i rder, Ana or pro. tempore shall be the city council member whose district number is next in numerical order relative to tate district minber of the city council inenlher who is serving as mayor. When. the city council. member representing District S bc:coines mayor, the mayor pro tem ore shall b the city council member representing District 1. When the city council n e liber re resenti ng District S concludes his or her service as ma ar the annual rotation shall st aver in nu cal or a the member repm=fina District_ 1 servine as the mayor. B. The mayor shall be rotated at the first regular meeting after the County his certified the results of thu statewide eneral electi n in even -numbered years. In years wh re there is no yizencral statewide.. election,_ the mayor shall assume office at the first regular aueeting in December. C. The city shall eoi.Iduct a random drawing at the first retrular city_council meeting in December 2019 to determine ,the city council member._who will be the mayor and may ro tem o ore set forth by -Ibis section Ci co Un -JI members who have senred as mayor within p three years cannot be drawn.,.,The first city council nietnber that is •-iawn in the random drawing shall be the mayor. The :secojid city council member that is drawn shall be the mayor pro tempore. The city, council meinbers selected in the random drawiny shall serve as nra or and ma or pro tem ore respectively until all City council districts have a representative. At the first regular city 4ouncil meeting after the County has certified the results of the 2020 statewide ,eneral election. the annual rotation of mayor by district number shall begin_ with the city council member re.prosenting Distric! 1 seLying as mayor. On Jgqnuary 1. 2021 Lodi M nici )al Code 2 04.070 C shall no Ionizer be effectivc and shall be repealed in its eiitirety. Timeline: 2020 Mayor and mayor pro tempore determined by random drawing of the two members who still represent Lodi at -large. The rotation of mayor by district in numerical order will begin when each district has a representative. 2021 After 2020 Election IN and 051: Mayor: Member Nakanishi (December 2020 - December 2021 ) Won't be mayor in their 4 year term: 2020 District 5 Winner Didn't serve as mayor in their 4 -year term: Member Kuehne 2022 Mayor: Member Chandler (December 2021- December 2022) 2023 After 2022 EI ction 101 D2 and D31- Mayor: 3 :Mayor: District 3 Winner (December 2022 - December 2023) Won't be mayor in their 4 -year term: 2022 District 2 Winner 2024 Mayor: 2020 District 4 Winner (December 2023,-,Dg[2mber 2024] 2025 After 2024 Election (134 and D5): Mayor: District 5 Winner (December 2024 -December 2025) Won't be mayor in their 4 -year term: District 4 Winner 2026 Mayor: 2022 District 1 Winner (December 2025 - December 2026) 2027 After 2026 Election D1 D2 and D3): Mayor: District 2 Winner (December 2026 - December 2027) Won't be mayor in their 4 -year term: District 1 Winner 2028 Mayor: 2026 District 3 Winner (December 2027 - December 2028) 2029 After 2028 Election (D4 and D5): Mayor: District 4 Winner (December 2028 - December 2029) 2030 Mayor: 2028 District 5 Winner (December 2029 - December 2030) 2031 After 2030 Election -(D1, D2. and ❑31: Mayor: District 1 Winner (December 2030 - December 2031) 2032 Mayor: 2030 District 2 Winner (December 2031 -December 2032) 2033 After 2032 Election Q4 and D5) - Mayo : 5):Mayor: 2030 District 3 Winner (December 2032 - December 2033) 2034 Mayor: 2032 District 4 Winner (December 2033 - December 2034) 2035 After 2034 Election IDI. D2. and 03): Mayor: 2032 District 5 Winner (December 2034 - December 2035) 2036 Mayor: 2034 District 1 Winner (December 2035 - December 2036) 2037 After 203.6 Election D4 and D5 Mayor: 2034 District 2 Winner (December 2036- December 2037) 2038 Mayor: 2034 District 3 Winner (December 2037 - December 2038) 2039 After 2038 Election IDI, 132 and D3): Mayor: 2036 District 4 Winner (December 2038 - December 2039) Won't be mayor in 4 -year term: District 3 Winner 2040 Mayor: 2036 District 5 Winner (December 2039- December 2040) 2041 After December 2040 Election 04 and D5),. December 2040 - December 2041: 2038 District 1 Winner Won't be mayor in 4 -year term: 2040 District 5 Winner And so on... .This a -year cycle rg9eatsj. Z- DECLARATION OF POSTING On Thursday, March 7, 2019 in the City of Lodi, San Joaquin County, California, a copy of the March 12, 2019 Shirtsleeve Meeting Agenda and March 12, 2019 Special Meeting Agenda (attached and marked as Exhibit A) was posted on the door 1311 Midvale Road, Lodi, California. declare under penalty of perjury that the foregoing is true and correct. Executed on March 7, 2019 at Lodi, California. Posted by: ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK _3/7/19_ S�gi�atu (Date) • LODI CITY COUNCIL �. Carnegie Forum 305 West Pine Street, Lodi zry� *and via conference call: 1311 Midvale Road Lodi, CA 95240 "SHIRTSLEEVE" SESSION Date: March 12, 2019 Time: 7:00 a.m. For information regarding this Agenda please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 Informal Informational Meeting A. Roll Call by City Clerk B. Topic(s) B-1 Receive Information Relating to Notice of Intent Requesting Special Election in 2019 to Consider Amendments to Lodi Municipal Code Section 2.04.070 Relating to Mayor and Mayor Pro Tempore Selection Process (CM) C. Comments by Public on Non -Agenda Items D. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. niter M. F rralofo ity Clerk All staff reports or other written documentation relating to each item of business referred to an the agenda are ori file in the Office of the City Clerk, located at 221 W. Pine Street Lodi, and are available for public inspection. if requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1993 (42 U.S. C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability -related modification or accommodation contact the City Clerk's Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Jennifer M. Ferraiolo at (209) 333-6732. Solicitudes de interpretaci6n de idiornas deben ser recibidas por to menos con 72 horas de anticipaci6n a la reunion para ayudar a asegurar la disponibilidad. Llama a Jennifer M. Fe►raloto (209) 333-6732. J:\C ITYCLRK\AGENDA\SHIRTSLV\SHRTS LV.DOC