HomeMy WebLinkAboutRes 2013-14 - Office of Mayor and Mayor Pro-Temp CITY OF PALM DESERT
CITY CLERK DEPARTMENT
STAFF REPORT
REQUEST: RESOLUTION NO. 2013 -14 -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION
NO. 01-110 AND RESTATING ITS POLICY ON THE OFFICE OF MAYOR AND
THE OFFICE OF MAYOR PRO-TEMPORE
SUBMITTED BY: Rachelle D. Klassen, City Clerk
DATE: March 14, 2013
CONTENTS: • Staff Report/Resolution No. 2013 - 14
• Res. No. 01-110
• Minutes of the January 10, 2013, City Council Meeting
• Palm Desert Mayoral History
• Palm Desert City Council History
Recommendation
Waive further reading and adopt.
Background
At the January 10 City Council Meeting, discussion about the history of the offices of Mayor and Mayor
Pro-Tem occurred, given that two new City Councilmembers were sworn into office on the same date
after the General Municipal Election in November 2012. Since this hadn't previously occurred, there
was not a policy establishing how to insert both of the new Councilmembers into the informal Mayoral
Rotation process.
Staff was directed to develop such a policy, using both a Councilmember's previous service on the
Planning Commission as an eligibility criteria for service as Mayor Pro-Tem/ Mayor if there is less than
one or two years' service on the City Council, respectively. Additionally, in order to establish the
informal order of Councilmembers falling into the Mayoral Rotation, Council directed that when two or
more Members are elected at the same Municipal Election and sworn in on the same date, that the
number of votes received at said election be the determining factor for their order of entry. Therefore,
the attached Resolution is presented for your consideration and adoption.
Fiscal Analysis
There is no fiscal impact associated with this action.
Submitted by: CITYCOtJNCIL�TION
APPROVED DENiED
R CEIVED OTHER
� �� _�
Ra hel e D. Klassen, M , City Clerk MEET G DAT a��
AYES. � �`
Approved: NOES: �
ABSENT: �-
�� ABSTAIN: �--
VFRIFtED BX: '
J M. Wohlmuth, City Manager Original on Filc with City rk's Oftice
achments (as noted)
RESOLUTION NO. 2013 - 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ITS RESOLUTION
NO. 01-110 AND RESTATING ITS POLICY ON THE OFFICE OF
MAYOR AND THE OFFICE OF MAYOR PRO-TEMPORE
WHEREAS, the City Council of the City of Palm Desert, California, must
appoint from its own Members two Councilmembers to serve as Mayor and Mayor �
Pro-Tempore; and
WHEREAS, it has been the desire of each City Council serving the City of
Palm Desert since incorporation to make these positions honorary in nature, held for
a one-year period of time; and
WHEREAS, it is this City Council's opinion that each Member elected to the
Council is equally qualified and deserving to hold these offices, and each
Councilmember should be given ample opportunity to serve in one or both of these
offices.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, that the appointments of Mayor and Mayor Pro-Tempore
shall be made on an annual rotating basis, and no one Councilmember shall serve
a term in either office to exceed a one-year period of time. The selection shall be
made and the term commence at the first regular Council Meeting in December each
year.
BE IT FURTHER RESOLVED that prior to any Member of the Council being
appointed as Mayor, such Councilmember shall have been either a Member of the
Council for approximately two(2)years, and the Mayor Pro-Tempore shall have been
a Member of the Council for approximately one (1) year prior to being selected for
those respective offices; or in the absence of this occurrence, the Member's having
served at least one term on the Palm Desert Planning Commission will be sufficient
eligibility for appointment to the office.
BE IT EVEN FURTHER RESOLVED that when two or more Members of the
Council are sworn into office on the same day after being elected in the same
Municipal Election, the order of their service in the Mayoral Rotation shall be
established by number of votes received at said election, with the Member receiving
the highest number of votes being inserted first into the Mayoral Rotation and the
person receiving the next-highest number of votes being inserted next, and so on.
RESOLUTION NO. 2013 - 14
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California at its regular meeting held on the day of
, 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
r
�
RESOLUTiON NO. oi-iio
OF THE GlTY OF PALM DESERT
A RESOLUTtON OF THE CiTY COUNCIL OF THE CITY QF PALM DESERT,
CALIFORNIA, SETTING FORTH A POLICY ON THE OFFICE OF MAYC?R
AND THE OFFICE QF MAYOR PRO-TEMPORE
. WHEREAS, #he City Council of the City af Palm Desert, California, must appoint
from its own members two Council members to serve as Mayar and Mayor PraTempare;
and
WHEREAS, it has been the desire of each City Council senring the City of Palm
Desert since inr�arpora#ion to make these pasitions honorary in nature, held for a one-year
period ofi time; and
. -�...
WHEREAS, it is this City Counc�l's opinion that eact�member elected ta the Councit
is equally qualified artd deserving to hald�these o�ces, and each Council member should
be given ample apportunity ta serve in or�e or both of these offices.
NQW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Dese�t, Califarnia, that the appointments of Mayor and Mayor Pro-Tempore shall be made �
on an annual rotating basis, and no one Council member shall serve a term in either affice
to exceed a one-year period of time. The selection shall be made and the term commence
at the first regular council meeting in December.
BE tT FURTHER RESOLVED, prior to any member of the Cvuncil being appointed
as Mayor such Council member shall have been a member of the Council far
approximately finro years and #he Mayor Pro-Tempare shall have been a member of the
Council for at least �ne year prior to being selected for those respecEive offices. �
RMPtJ131D1�1188039
.
PASSED, APPROVED AND ADOPTED by the City Council of the City af
Palm Desert, Calif�rnia, aE i#s regular mee#ing held an the�.��hday of october ,
200'I, by the follawing vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, FERGIISON
NOES: xo� � �
ABSENT: Ha�ax.
ABSTAIN: R��=
J Ferg s n, ayor
C of P sert, Califomia
ATTEST: .
B �-
S eila R. Gilligan, City Clerk �
� City of Pa1m Desert, Caiifomia
APPRt�VED A TO Ft7RM:
r
Qy:
David J. rwin, City Attorney
City of Palm Desert, California
tu�rnua�or�iasos� 2 .
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013
Councilman Spiegel moved to, by Minute Motion, approve design guidelines for the
EI Paseo Shopping District and direct staff to develop procedures and fees for establishing
a Sidewalk Cafe permit.
Mayor Harnik asked staff to elaborate on Item 4(b) on page 1 of Rules and
Regulations for Sidewalk Dining Program, which states, "All sidewalk cafes
must have an opening for ingress and egress at all times."
Ms. Aylaian explained the establishment has to have an opening if the
occupancy of the enclosed area is such that the Fire Marshal requires an
exit; otherwise, the ingress and egress can be through the business itself.
Mayor Harnik noted the subcommittee met a number of times on these items
and a lot of work had been done, which is appreciated.
Councilman Tanner seconded the motion, and it carried by a 5-0 vote.
XVI. OLD BUSINESS
None
XVII. PUBLIC HEARINGS
None
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Citx Manaqer Meetina Summaries for the Period of December 3- 31,
2012.
With City Council concurrence the City Manager Meeting Summaries were received
and filed.
2. Report on History of the Appointment of Mayor/Mayor Pro Tem and
Options for Appointment of Mayor Pro Tem for the December 12,
2013, City Council Meeting.
Mr. Wohlmufih stated that to his knowledge, this was the first time the
City Council had two new members at the same election — Members
Tanner and Weber—sworn in on the same date. Therefore, it would �
convolute the manner in which the next Mayor Pro Tem would be
inserted into the Rotation and then become Mayor, since two people
assumed office on the same date. Whereas previously,the assuming
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013
office date was the manner in which their seat was inserted into the
Rotation. He referred to the report included in the agenda packets,
showing the Council's current policy and history of the offices to date,
and suggesting a couple of alternatives for applying the policy going
forward. Staff's recommendation for the next in line for Mayor Pro
Tem would be the person receiving the highest number of votes;
although,there were other options mentioned. He asked City Council
to consider the matter and provide direction.
Councilman Spiegel moved to, by Minute Motion, direct staff to prepare the policy
such that when two or more Councilmembers are sworn in on the same date, the Member
receiving the highest number of votes be inserted into the Mayor Pro Tem/Mayor Rotation
first, with the person receiving the second-highest number of votes be inserted second in
the Rotation, etc. Motion was seconded by Benson.
After seconding the motion, Mayor Pro Tem Benson went on to say
she felt it would be appropriate to also review the criteria for Mayor
and Mayor Pro Tem, acknowledging that the City had not been in this
situation previously with two new Councilmembers. Additionally, she
pointed out that there were currently two very seasoned
Councilmembers in current and just-ended leadership positions. In
case something were to change in that regard, previous service of the
new Councilmembers, such as being Planning Commission Chair,
would be an appropriate requisite and give them priority for serving as
Mayor Pro Tem or Mayor.
Mr. Wohlmuth said he'd be happy to work on the policy with
Ms. Klassen, confirming that staff would review the current policy
(requiring service on the Council for one year before becoming Mayor
Pro Tem and two years before becoming Mayor) and suggest some
options in the event City Council ends up in the same situation—other
qualifications determining the order besides years of service on
Council. He added it would also be helpful if Council provided
direction regarding prioritization of howto establish Mayor and Mayor
Pro Tem in the future, such as by highest number of votes received,
and that could be incorporated into the new policy. He noted that in
the event of there being three new Councilmembers, it would be
extremely difficult to follow the current policy, and agreed with Mayor
Pro Tem Benson's suggestion for looking at other qualifications and
make them a little more flexible as a means of determining eligibility.
He confirmed that staff would bring this back to the Council in the
form of a policy revision.
Mayor Harnik definitely agreed that it was important for there to be
some contingencies in place. When she looked at the information
very carefully, she understood the immediate reaction of selecting the
12
MINUTES
' REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 10, 2013
Member with the highest number of votes. However, she also
realized that because of the way people vote—whether they have the
option of voting for three, or two, or only one — it may not always be
the best way to go and may, instead, set a precedent that doesn't
always work as well. She believed a totally random selection by
drawing lots may be better and as fair as any other method.
Mr. Wohlmuth noted that a Randomized Alphabet Drawing for
determining the order of names on the ballot was done for each
election, and that was a totally random process that could be carried
through to the Council's Mayor/Mayor Pro Tem Rotation selection.
Responding to Councilmember Weber's comment about drawing
straws could result in the same person being Mayor every year, he
said it would only apply when there was more than one
Councilmember sworn in on the same date and their insertion into the
Rotation. In further response, it was clarified that the highest number
of votes factor was only going to be used in determining the order of
Mayor Pro Tem/Mayor for the five sitting Councilmembers, not for
filling a later Council vacancy, should it occur. It was confirmed that
should a vacancy occur, it required a whole different process to fill,
either by appointment or another election as specified in State Law.
It was also noted that the policy of selection of Mayor Pro Tem and
Mayor Rotation, particularlywhen two or more Councilmembers came
on at the same time, could be changed in the future if so desired.
Councilman Spiegel concurred with Mayor Pro Tem Benson's suggested
amendment to the above motion, asking staff to expand on the Mayor Pro Tem/Mayor
Rotation policy revision to include providing alternative qualifications for selecting the
Mayor Pro Tem/Mayor, other than one and two years of service, respectively, including
service and leadership on other City Legislative Advisory Bodies, particularly Planning
Commission that would qualify a Councilmember for appointment to the positions of Mayor
Pro Tem and Mayor.
Mayor Harnik called for the vote, and the motion carried 4-1,with Harnik voting NO.
3. Animal Adoption Feature
Mr. Wohlmuth indicated that at the Council's last meeting, staff
received direction to videotape animal adoption features to place on
the website and, in turn, be part of the Council Meeting recording sent
to Time Warner for their broadcast on Channels 17 (analog) and
120 (digital) at 6:00 p.m. on the Thursday following the date of the
Council Meeting. He said staff's been working closely with Animal
Samaritans, and the first video animal adoption feature will occur at
the January 24 Council Meeting. Although, the video will not be
13
PALM DESERT MAYORS
11/73 - 03/76 Hank Clark 12/07 - 12/08 Jean M. Benson
03/76 - 03/77 Noel Brush 12/08 - 12/09 Robert A. Spiegel
03/77 - 04/80 Ed Mullins 12/09 - 12/10 Cindy Finerty
04/80 - 11/82 S. Roy Wilson 12/10 - 12/11 Jean M. Benson
11/82 - 11/83 Romeo Puluqi 12/11 - 12/12 Robert A. Spiegel
11/83 - 11/85 Walter H. Snyder 12/12 - Present Jan C. Harnik
11/85 - 11/87 Richard S. Kelly
11/87 - 11/88 Jean M. Benson
11/88 - 11/89 S. Roy Wilson
11/89 - 11/90 Buford A. Crites
11/90 - 11/91 Walter H. Snyder �
11/91 - 11/92 Richard S. Kelly
11/92 - 11/93 Jean M. Benson
11/93 - 11/94 S. Roy Wilson
11/94 - 11/95 Buford A. Crites
11/95 - 11/96 Walter H. Snyder
11/96 - 11/97 Richard S. Kelly
12/97 - 11/98 Jean M. Benson
11/98 - 11/99 Robert A. Spiegel
11/99 - 11/00 Buford A. Crites
12/00 - 12/O1 Jim Ferguson
12/O1 - 12/02 Richard S. Kelly
12/02 - 12/03 Jean M. Benson
12/03 - 12/04 Robert A. Spiegel
12/04 - 12/OS Buford A. Crites
12/OS - 12/06 Jim Ferguson
12/06 - 12/07 Richard S. Kell
H:\WPdata\WPDOCS\COLJNCILUvtAYOR.WPD 12/14/12
PALM DESERT CITY COUNCIL HISTORY
Jean M. Benson 11/26/73 - 03/09/76
Chuck Aston 11/26/73 - 03/09/76
Henry B. Clark 11/26/73 - 03/09/76
Noel J. Brush 11/26/73 - 04/15/80
James E. McPherson 11/26/73 - 11/18/82
William R. Seidler 03/09/76 - 04/14/77
Edward D. Mullins 03/09/76 - 04/15/80
Alexis A. Newbrander 03/09/76 - 11/18/82
S. Roy Wilson 04/28/77 - O1/02/95
Romeo S. Puluqi 04/15/80 - 11/29/84
Walter H. Snyder 04/15/80 - 12/Ol/97
Phyllis Jackson 11/18/82 - 07/09/86
Richard S. Kelly 11/18/82 - 08/20/10
Buford A. Crites 11/20/86 - 07/O l/06
Jim Ferguson 12/O 1/97 - 12/09/10
Cindy Finerty 12/14/06 - 12/13/12
William R. Kroonen 09/20/10 - 12/13/12
Jean M. Benson 11/29/84 - Present
Robert A. Spiegel O1/26/95 - Present
Jan C. Harnik 12/09/10 - Present
Van G. Tanner 12/13/12 - Present
Susan Marie Weber 12/13/12 - Present
H:\WPdata\WPDOCS\COUNCIL\HISTORY-2012.wpd 12/14/12