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HomeMy WebLinkAboutAgenda Report - July 30, 2003 B-02 SMCiTy oiF LODI 11:1111 IiP IN! 111 !I� ;11111! That the City Council discuss the . role:$ and responsibilities of Council Members. The League of California Cities has recommended a facil.it4tor to assist the City Council in this discussion. This item appears on the agenda at the request of Council Member Beckman. The City Manager's Office contacted the League of California Cities. to identify a person wlz# could make a presentation to the City Council on the "roles and responsibilities' of the City Council at the Special meeting scheduled for July 301h - There were five people recommended, all were contacted and only Mr. Tony Manzanetti could attend the meeting on such shompotice. The other candidates were either going on vacation or otherwise engaged that day. However, Mr. Manzanetti was highly recommended and will be able to attend. With such short notice to find a speaker, staff was not able to interview Mr. Manzanettiprior to making a selection. Accordingly, we have very little background on him at this time except for the recommendation of the League of California Cities, Staff has also attached a pamphlet from the League of California Cities titled: "Mayors and Council Members Resource Guide", distributed January 8, 2003 at the conference in Sacramento for new Council Members. This pamphlet should be helpful in preparing. for the meeting on August 6th. Also attached is the City Ordinance setting out the responsibilities for the City Manager, Funding: $2,000 from General Fund Respectfully a V A�7 1. Dixon Flynn City Manager EURIETMAW UMITam ?#30#03 Role of Council muncom.doc 07/24/03 2,08.030 2.0&030 Increase or decrease. Chapter 2.12 Following any new and later estimate of population made. by the Deparr ent of CITY MANAGER Finance placing the city in. a population group other than ,that set forffi in Section 2.08.020the salary payable under this Sections: chapter to. each member of the council shall 2.12.010 Office established— be increased or decreased accordingly to Appointment— equal the sum prescribed for that population Qualifications. group in Section 36516 of the Government 2.11020 Eli gability of Code, as. added by Chapter 286 of the Stat- councilmen. utes of 1965; provided, however, that the 2.12.030 Absence or disability. salary as so increased or decreased shall 2.12.040 Bond. become payable only on and after the date 2.11050 Removal. upon which one or more members of the 2.12.060 Powers and duties council become eligible therefor by virtue generally. of beginning a new term of office following 2.12.070 Council to deal the next succeeding general municipal elec- exclusively through city tion held in the city, (Orde 1333 § l(l), manager. 1984; prior code § 2-84) 2.12.080 2.12.090 Compensation. Approval of claims and 108.040 Expense reimbursement demands. separate. 2.12.100 Subordinate The salaries prescribed in this chapter are appointment or and shall be exclusive of any amounts pay- removal. able to each member of the council as reim- 2.12.110 Legislative powers of bursem.ent for actual and necessary expenses council—Library incurred by him in the performance of jurisdiction. official duties for the city. (Prior code § 2.12.120 Disposition of surplus 2-85) personal property. 2.08.050 Operative date. 2.12.010 Office established— This chapter shall become operative only Appointment— on and after the date upon which one or Qualifications. more members of the council become eligi- The office of city manager is established.: ble for the salary prescribed in this chapter The city manager shall be appointed by the: by virtue of beginWDg a new term of office city council solely on the basis of his exec - following the general municipal election utive and administrative qualifications. next succeeding its effective date. (Prior (Prior code § 2-20) code § 2-86) gr777M (LWi 10.94) 16 2.12.020 Eligibility of councilmen. No . person elected to membership on the city council shall, subsequent to such elec- tion, be eligible for appointment as city manager until one year has elapsed after he has ceased to be a member of the council. (Nor code § 2-21) 2.12.0.30 Absence or disability. During the absence or disability of the city manager, the council may designate some properly qualified person to perform the duties of the office of city manager, (Prior code § 2-22) 2912®0 Bond. The city manager shall furnish a surety company bond to be approved by the M M �LA 7-91) 18 2.12.060 Compensation. The city manager shall receive such salary as the cit y councH shall from time to time determine and fix by resolution or motion. CMor code § 2-27) 11 [A wr--� 2.12,090 Approval of claims and demands. No m or demand shall be ' ited MI no 0 7-91) or allowed by the council which is not approved by the city manager. (Prior code § 2-28) thousand dollars or less, which :is no longer required for city use. Within thirty days following the sale of any surplus city property under this section, th city a.n. ager shall notify the city council in writ- ing of such sale. B. Friar to sale of property under this section, the city manager shalt notify all departments of its availability for city use. C The following procedures skull be used to dispose of surplus city property under this section: 1. The property to be scald shall be advertised by publication at least one time in a newspaper of general circular tion or in a magazine or periodical er r- ally distributed to municipalities, and sealed bids solicited. The manner of advertising and processing of bids shall e consistent with practices employed for other city transactions requiring bids. 2, If the procedures specified in. sub- section 1 of this section produce no bids, or bids cif less than a reasonable 1'.e, all bids may be rejected by the city man ager, and offers in any form may b solic- ited and accepted without further competitive procedures. 3, If no satisfactory bids or offers are received under subsections 1 or 2 f this section, such surplus property may be sold by auction or delivered to a broker for consignment sale. 4. Surplus property having a total value of less than one hundred doles, as determined by the city purchasing officer, may be scald without compliance with the advertising and sealed bid requirements of subsection 1 of this sec- tion. (Ord. 1474 § 1, 1994) 19 <Lodi 4-90) KRONICK MOSKOVITZ OTIEDEMANN GI�RARD��aN AntWmy B. Manzanetti amanzanettiC@kmtg.com Phone (916) 321-4500 Fax (916) 321-4555 400 Capitol Mall, 27th Floor Sacramento, CA 95814 www.kmtg.com 4�" l — Sn-07?2' ANTHONY B. MANZANETTI Mr. Manzanetti, a shareholder in the firm, represents public and private clients in a wide range of legal matters. He serves as the City Attorney for the City of Elk Grove and general counsel for the Elk Grove-Cosumnes Cemetery District and supports several other public agencies. His diverse legal knowledge and general litigation experience allow him to represent and advise his clients on several fronts, including business transactions, reai estate dealings and construction contracts. In counseling his clients, Mr. Manzanetti focuses on providing practical solutions to legal difficulties. Moreover, he guides his public agency clients toward a more business -oriented approach to governance, such that they adopt the mindset of a service industry committed to meeting customer demands. LEGAL EXPERIENCE In practice since 1985, Mr. Manzanetti provides his public and private clients breadth and depth in several legal areas. For the public sector, his emphasis is on representation and litigation support on the many issues impacting local governance. Some of the specific matters that Mr. Manzanetti advises his clients on include: • Land use issues • Zoning and ordinance compliance • Compliance with and litigation matters pertaining to public records and open meeting laws • Code enforcement • Local Agency Formation Commission (LAFCO) issues • Power-sharing between municipal and county governments • Property condemnation • First Amendment issues • Insurance coverage disputes Construction litigation • Low-income housing litigation • Intellectual property issues • Telecommunications matters • Privacy matters • Health and safety issues He also advises businesses and public entities on litigation avoidance and advance strategic planning for inevitable litigation. In the area of business law, Mr. Manzanetti represents clients in matters relating to: • Contract drafting, analysis and advisement • Formation of corporations and partnerships • Lease creation, analysis, and negotiation Continued KRONICK MOSKOVITZ 'TIEDEMANN GIRARD WPA'UPATION Anthony B. Manzanettl 400 Capitol Mall, 27th Floor Sacramento, CA 95814 Phone (916) 321-4500 www.kmtg.com • Real estate transactions • Probate and estates • Transactional and direct business representation An experienced litigator, he has represented clients before state and federal trial and appellate courts and is admitted to practice before the following courts: • United States Supreme Court • Supreme Court and all trial and appellate courts of the State of California • United States Court of Appeals for the Ninth Circuit • United States District Court, Eastern and Northern Districts of California PRACTICE EXAMPLES • Mr. Manzanetti was instrumental in the incorporation of the City of Elk Grove. As co-chair of the Incorporation Committee, he was intimately involved in the legal and regulatory matters surrounding incorporation. • In his daily practice, Mr. Manzanetti often draws upon his in-depth knowl- edge of various laws impacting local governance. For example, Mr. Manzanetti successfully represented the City of Eureka and the City of West Sacramento against charges of violating the Brown Act. In a related matter, he testified before the California State Assembly local government committee regarding proposed changes to the Brown Act. • During the many years that Mr. Manzanetti represented the City of West Sacramento, he made substantial contributions to public policy. For example, he defended the City against a triple attack on its adult enter- tainment ordinance and was instrumental in helping the City draft a refined ordinance designed to navigate the narrow constitutional path that the United States Supreme Court has laid down for these particular land uses. PROFESSIONAL ACTIVITIES & AFFILIATIONS Mr, Manzanetti's professional activities and affiliations include: • Member, Sacramento County Bar Association • Member, American Bar Association • Member, League of California Cities • Presenter, League of California Cities—City Attorney's Department 2003 Spring Conference, "FirstAmendment Issues: Solicitation Ordinances" • Presenter, LORMAN Educational Services, "What You Need to Know: Public Records and Open Meetings" • Author, "The Fifth Amendment as a Limitation on the Public Trust Doctrine in Water Law," Pacific Law Journal, Vol. 14 (1985) Ardhony B. Manzan&M, Page 2 KRONICK Other current and past community activities and affiliations include: MOSKOVITZ TIEDEMANN • President, Elk Grove Community Foundation GIPRROMSIONU ARDRATON • Member, Board of Directors, Cosumnes River Basketball Youth League • Member, Finance Committee, Elk Grove Unified School District • Member, Elk Grove Rotary Club Anthony a. Manzanettf • Member, Harry S. Truman Club 400 Capitol Mail, 27th Floor Former member, Board of Directors, Elk Grove Chamber of Commerce Sacramento, CA 95814 Phone (916) 321-4500 Former member, Elk Grove Laguna Civic League • Former member, Board of Directors, Cosumnes River College Foundation www.kMg.com • Former member, Elk Grove Planning Advisory Committee (EG PAC) e Former member, Board of Directors, Capitol City Ballet ACADEMIC BACKGROUND B.A. University of Northern Colorado, 1977 J.D. University of the Pacific, McGeorge School of Law, 1985 — Member, Order of the Barristers — Assistant Editor, Pacific Law Journal Anthony 8. Manzanetd, Page 3 Different Forms of Local Government The typical types of local governments in the U.S. include council-manager, mayor -council, strong mayor, and commission. The characteristics of each are highlighted below. Council -Manager. This form of government has a City Council elected by popular vote. The City Council is responsible for policymaking only, while the operation and management of the organization is under the direction of a city manager. The council appoints and removes the manager by majority vote. The mayor is a member of the council that usually serves at the pleasure of the City Council and serves as the "chairperson" of the council meetings, but has no special veto or administrative powers. The mayor may represent the city at ceremonies, as well as civic and social functions. Mayor -Council. This form has a legislative body that is elected either at -large, by ward or district, or by some combination of the two (e.g., some at -large and other by district). The distinguishing characteristics of this plan are two... One, the mayor is elected sepatately, and two, the official designation of the Office of Mayor is the formal head of the city government. Depending upon local laws, the powers of the mayor may vary greatly, from limited ceremonial duties to full-scale authority to appoint and remove department managers. The mayor sometimes has veto power over the city council. Strong Mayor. In many large cities of America, the mayor is elected to lead the city. This typically includes running the municipal organization through city employees, with the top management being selected by the mayor. A good political leader is sometimes not a good municipal administrator. Hiring trained administrators has served to overcome this shortcoming Commission. This form of government, which usually employs non-partisan, at -large elections, includes a board of commigsioners_ Collectively they act as the legislative body. Individually, each commissioner serves as the head of one or more departments. The municipal reform movement in the U.S. has all but led to the demise of this type of local government. its weaknesses are obvious, since few elected leaders possess the necessary requirements to operate large portions of a municipal organization. M 70S OVITZ TGIRARD A mnuww 11.[Y7NWArrm © KMTG 2003 The Council -Manager Form of Government: Frequently Asked Questions Q: What is the council manager form of local government? A: The council manager form is the system of local government that combines the strong political leadership of elected officials in the form of a council or other governing body, with the strong operatianal and managerial experience of an appointed local government manager. The form establishes a representative system where all power is concentrated in the elected council and where the council hires a professionally trained manager to oversee the delivery of public services. Q: What is the council's function? A: The council is the legislative body of the local government. Its members are the community's policy makers. Power is centralized in the elected council that sets policy for the community, i.e., the budget, the tax rate, etc. The council also focuses on the community's goals, major projects, and such long term considerations as community growth, land use development, capital improvement plans, capital financing, and strategic planning. The council hires a professional manager to operate and manage the city and to carry out the policy directives of the City Council. The City Council hires the manager and supervises the manager's performance. Q: What is the manager's function? A: The manager is one of only two' city employees hired and fired by the City Council. The city manager is hired to serve the city council and the city to implement the city council's policies using his/her training and experience in administering local government projects and programs on behalf of the governing body. The manager prepares a budget for the council's consider- ation; recruits, hires, and supervises the government's staff; serves as the council's chief adviser; and carries out the council's policies. Council members and citizens count on the manager to provide complete and objective information, pros and cons of alternatives, and long term conse- quences. The manager can be fired by a majority of the council, consistent with local laws, ordinances, or employment agreements the manager may have with the council. ' Typically the only other city employee hired and fired by the City Council is the City Attorney. Local ordinance or city charter may add other employees to the list of employees hired by the City Council. In California, there are examples where the city charter dictates that the city attorney is hired by the city manager, All other employees are hired and fired by and report only to the city manager. KRNICK MOKOVITZ G TIRARDN ..n . l © KMTG 2003 The Council -Manager Form of Government: Q: Does the manager participate in policy determination? A: The manager makes policy recommendations to the council, but the council may or may not adopt them and may modify the recommendations. The manager is bound by whatever action the council takes. Q: Does the city council participate in the day-to-day operation of the city? A: The manager is responsible for the implementation of the council's policy determinations and the day-to-day running of the city. The city council is the legislative branch of the local government. The city manager is the head of the executive branch of the local government. If the city council is not satisfied with the manager's dunning of the city, the city council should fire the city manager and hire another. Q: Where does the mayor fit in? A: Mayors in council manager communities (or chairpersons in counties) are key political leaders and policy developers. In the case of the council, the mayor is responsible for soliciting citizen views in forming these policies and interpreting them to the public. The mayor presides at council meetings, serves as a spokesperson for the community, facilitates communication and understanding between elected and appointed officials, assists the council in setting goals and advocating policy decisions, and serves as a promoter and defender of the community. In addi- tion, the mayor serves as a key representative in intergovernmental relations. The mayor, council, and manager constitute a policy development and management team. Q: What is the history of the council manager form? A: Born out of the turn of the century progressive reform movement, the council manager system of local government is one of the few original American contributions to political theory. In 1908, Staunton, Virginia instituted the first position legally defusing, by ordinance, the broad authority and responsibility associated with today's professional local government manager. Sumter, South Carolina, was the first city to adopt a charter incorporating the basic principles of council manager government in 1912. Westmount, Quebec, introduced the form to Canada in 1913. The fiat large city to adopt the plan was Dayton, Ohio, in 1914. The first counties to adopt it in the 1930s were Arlington County, Virginia, and Durham County and Robeson County, North Carolina. Since its establishment, the council manager form has become the most popular form of govern- ment in the United States in communities with populations of 5,000 or greater. The form also is popular in Canada, Australia, the Netherlands, New Zealand, the United Kingdom, and Hondu- ras, Chile, and Brazil. For more than 85 years, council manager government has responded to the changing needs of citizens and their communities. K ONICK MO KOVITZ UG IIRARD Awrw 1txInKIRM © KMTG 2003 Dimensions of the governim" ntem process Illustrative .tasks -for !!lustratite tasks for= councilElected officials' sphere adminisators tieterm�ne purpose. Adr►ise (what Clty can scope of services; tax " Mission do may Influence what fevel, constitutional �t "should" do.}; analyze issues condttlonS and trends 11. Sol Make recomrnenda= approve new projects tions on all decisions; and programs;" ratify Policy formulate budget;:" budget: determineservice distribution -formulae Make implementing tlec�slons (e.g site Establish practices and selection}, handle Administration procedures and mane .complaints; oversee decisions for imple- administration menting policy Suggest management Control the human, changes to manager; material, and informa- revie .organizational '. Management tional resources of performance lin organization to support manager s appraisal policy and administra- live functions' Appointed official's sphere -�r The curved lene`suggests the division between the elected officials' and the appointed officials spheres of activity, with; the council to the left and the manager to the right of the line. Tfie division ;re presented" " is intended to roughly 'approximate a""proper : degree of separation and sharing. Shifts 46 either the loft: or right would indicate improper incursions. Source :Reprinted with. minor editing from James H. Svara, "Dichotomy and Duality Reconceptuallzing the Retailonship between Policy and Administration in Council-Mariager Cities," PuiWrAdML stratidn Review45 {19$5) 228 .Used with permisslowof the American Society for Public;Administration_