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File #: 24-601    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 10/31/2024 In control: CITY COUNCIL
On agenda: 11/19/2024 Final action:
Title: Adopt a Resolution Ending All Terms for the Planning Commission, Public Safety Sales Tax Committee, and Recreation and Parks Commission Effective December 31, 2024, and Direct the City Clerk's Office to Conduct a Recruitment to Fill All Vacancies
Attachments: 1. Attachment 1 - Resolution
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City Council Agenda

Memo to:

Manteca City Council

 

 

From:

L. David Nefouse, City Attorney

 

 

Date:

November 19, 2024

 

 

Subject:

Ending All Terms for the Planning Commission, Public Safety Sales Tax Committee, and Recreation and Parks Commission Members Effective December 31, 2024, and Direct the City Clerk’s Office to Conduct a Recruitment to Fill All Vacancies and Draft a Policy to Limit Individuals to One (1) Appointment to a Board or Commission (and Delegate that the City Manager approve this policy)

 

Recommendation:

title

Adopt a Resolution Ending All Terms for the Planning Commission, Public Safety Sales Tax Committee, and Recreation and Parks Commission Effective December 31, 2024, and Direct the City Clerk’s Office to Conduct a Recruitment to Fill All Vacancies

 

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Background:

At the September 3, 2024 and October 1, 2024 regularly scheduled City Council meetings, respectively, the City Council provided council consensus and direction to the City Attorney’s Office to review the City’s ordinances regarding appointments as the City fully transitions to districts. This included the Planning Commission and the Recreation and Parks Commission.

 

Amendments to Chapters 2.24, 2.28, and 3.09, respectively, are before the City Council this evening on separate items for consideration. The instant resolution not only compliments those amendments, but also (and critically) allows the City Council to make appointments with the City Council fully transitioned over from at-large council seats to district council seats.

 

Regarding the Planning Commission, despite good intentions, the result of a 2022 amendment meant that District 2 ended up with four (4) out of the six (6) possible appointments (including the alternate). In practice, this could result in a super-majority of the Commission being conflicted out due to distance conflicts on a specific project (indeed, on one project in 2024, three (3) out of the six (6) commissioners were conflicted out due to a distance conflict of less than 500 feet).

 

Regarding the Public Safety Sales Tax Committee, presently all members are selected at-large, and not by district; therefore, ending the current terms will allow for full district representation on the committee following a recruitment.

 

Regarding the Recreation and Parks Commission, the Commission recently moved to district appointments; expanded to seven (7) full members and one (1) alternate (from five (5) full members and one (1) alternate; and reduces the appointments made by the Manteca Unified School District (MUSD) from two (2) members and one (1) alternate, to just one (1) member appointed by MUSD. As such, the recommendation is to end current terms and allow the City Council to appoint following a recruitment consistent with the transition from at-large to district council seats, and to reflect the expanded numbers and diminished appointments by MUSD.

 

Moreover, the purpose of district elections and appointments is to provide better geographic representation to the City. Accordingly, the recommendation to the City Council is to end all terms for these commissions effective December 31, 2024, and direct the City Clerk to conduct a recruitment to fill all vacancies. Please note that depending on each commission members’ individual circumstances, current commission members (from either commission) may be eligible to re-apply to their respective commission.

 

Fiscal Impact:

There is no fiscal impact associated with this action.

 

Documents Attached:

1.                     Attachment 1 - Resolution