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HomeMy WebLinkAboutCA Council Meeting Time ChangeDepartment: City Attorney -- Agenda Item No: 4 a. Meeting Date: February 6, 2012 Prepared by: Robert F. Epstein, City Attorney City Manager Approval: Lisa A. Goldfien, Dep. City Atty. II SUBJECT: Consideration of an Ordinance of the City of San Rafael Amending Section 2.04.010 of the San Rafael Municipal Code Concerning Council Meeting Times and Section 2.12.220 of the San Rafael Municipal Code Concerning City Department General Office Hours RECOMMENDATION: Conduct public hearing and pass ordinance to print. BACKGROUND: The City's Charter authorizes and directs the City Council to establish, by ordinance, the time and place of holding its meetings. Section 2.04.010 of the San Rafael Municipal Code (S.R.M.C.) presently provides that the Council's regular meetings shall be held on the first and third Mondays of each month, starting at 7:00 p.m. for closed sessions and 8:00 p.m. for open sessions. Additionally, although not required by the City's Charter or general law, the general office hours of City departments (currently Monday through Friday from 8:30 a.m. to 5:00 p.m. for all departments except police, fire, public works, and the library) have also been established by ordinance in S.R.M.C. section 2.12.220. In recent years, the commencement time of the meetings of the Planning Commission and Parks and Recreation Commission have been changed to 7:00 p.m. At its January retreat, the City Council concurred with a staff proposal to make a similar change to the commencement time for the Council's regular meetings, and directed staff to bring an ordinance to the Council to accomplish that change. Staff also recommends amending the Municipal Code to allow the Council to change the City's general office hours by resolution rather than by ordinance. ANALYSIS: Any change to the City's Municipal Code must be effected by ordinance. The attached ordinance would amend S.R.M.C. section 2.04.010 to change the commencement time for regular City Council meetings FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: 41 REPORT / PaLre: 2 from 8:00 p.m. to 7:00 p.m. With the dissolution of the Redevelopment Agency, which formerly held its meetings at 7:30 p.m., this earlier change of time can be easily scheduled. In addition, Staff is recommending that the Council amend section 2.12.220 of the Municipal Code to enhance the Council's flexibility to respond to the City's ongoing struggles to balance its budget in these challenging economic times. The attached ordinance would permit the Council, should it wish to do so, to make changes to the City's general office hours by resolution rather than by ordinance. This matter is scheduled for a public hearing. Following the close of the public hearing, the Council should determine whether to pass the proposed ordinance to print, after which the ordinance would be returned to the Council at a second meeting for final adoption. FISCAL IMPACT: None. OPTIONS: I . Adopt the ordinance amending the Municipal Code as proposed. 2. Make modifications, or direct staff to return with modifications to the attached ordinance. 3. Do not adopt the ordinance and leave the Municipal Code unamended. ACTION REQUIRED: 1. Hold a public hearing to consider the proposed ordinance. 2. Move to pass ordinance to print. ATTACHMENTS: Ordinance ORDINANCE NO. 1903 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 2.04.010 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING COUNCIL MEETING TIMES AND SECTION 2.12.220 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING CITY DEPARTMENT GENERAL OFFICE HOURS WHEREAS, as authorized by Article VII, Section 3 of the Charter of the City of San Rafael, the City Council has provided in San Rafael Municipal Code, Chapter 2.04, for the time and place of holding its meetings and the manner of holding its special meetings; and WHEREAS, pursuant to San Rafael Municipal Code Section 2.04.010, regular meetings of the City Council currently convene on the first and third Mondays of the month at the hour of 7:00 p.m. for closed sessions, and at the hour of 8:00 p.m. for open sessions; and WHEREAS, the time of commencement of the meetings of the City's Planning Commission and Parks and Recreation Commission have been changed to 7:00 p.m., and the City Council now finds that it would be in the best interests of the City for the City Council also to commence its regular meetings, including the open sessions thereof, at 7:00 p.m., so as to simplify the scheduling of City meetings and to facilitate the public's participation therein; and WHEREAS, Section 2.12.220 of the San Rafael Municipal Code currently specifies the general office hours of City departments other than police, fire, public works and the library; and WHEREAS, the City Council now finds that it would be in the best interests of the City to allow the City Council flexibility in setting the general office hours of all City departments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Section 2.04.010 of Chapter 2.04 of the San Rafael Municipal Code ("COUNCIL") is hereby amended to read in its entirety as follows: 2.04.010 - Regular meetings. The regular meetings of the Council of the City of San Rafael, County of Marin, State of California, shall be held on the first and third Monday of each month at the regular place of meeting specified in this section. Where the first or third Monday falls upon either New Year's Day, President's Day, Memorial Day, the Fourth of July, Labor Day, Veterans Day or Christmas Day, the Council shall meet on the The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5: This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. ATTEST: "%5qf6:dQe 9X-'4 ZL..e -- ESTHER BEIRNE, City Clerk The foregoing Ordinance No. 1903 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 6th day of February, 2012 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Connolly, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Heller and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 5th day of March, 2012. ESTHER BEIRNIE, City Clerk 3 Marin Independent Journal . Legal No0004337683ORDINAM NO. L903 150 Alameda del Prado AN ORMANCE Of THE CITY OF SAN RAFAEL PO Box 6150 AMINDMG SECTION 2AU10 OF THE SAN RAFAEL Novato, California 94948-1535 MORIOPAL COOE CONCERNING ODUIRML MEETING TIMES AND SKIM.LILM OF TIRE SAN RAFAEL (415) 382-7335 MUNICIPAL CODE CONCERNING CITY DEPARTMENT GENERAL OFFICE ROM legals@marinij.com WHERFA% as aulAcnIzed by Article Vil. Section 3 of the CNn& Of the Clay of San Rafael, uta City 0ouiltil has Provided In San Rafael MUMCIP81 Code, chapter 2_" foe Itir time and oface of nolo- ai fog itsd the mare: of holding HS SAN RAFAEL,CITY OF special = and PO BOX 1515601CITY CLERK, DEPT OF PUBLIC ININERUS, pursuant to Sano Rafael Municipal Code Section 2-041110, regular meetings of the city RKS, 1400 FIFTH AVE council currently convene on the first and thirdWO Fonda of montri at the hour of 70 p.m-for SAN RAFAEL CA 94915-1560 closed . am at the hour of 8:00 p,nit for open sessions; am WHEREAS, the time of crnmuatscemont of the meetings of the City's planning commiswri and PROOF OF PUBLICATION Parks, and Roctrattort commission have been, changed to 7:00 p.m., and the City Council new Cards that it would tie in the best IntcV.Sts of .he (2015.5 C.C.P.) for the City Council also in commence its 'Sog. 51111 tiutrC retreliryjs, Including the alien SIAS at 7:00 go As to simplify the Of �m, p.m„of, ,V_41NUIi,�1 I U I nw-tZ and it) facilitate the public's on ici- =on therein; and STATE OF CALIFORNIA WNCREAS, Sccfirn 2. 17.720 of th Sar, Rafael Mw nicipal Code currently specifies the gencral offifte, of Marin lows of City dartments other than Police, Fire.County public falAs anItht, library-, and WHERM the, C14 Council now finds that it WOW be in the best in "sts of the City to atow thile, FILE NO. 0004337683 City council flexibility in stittinti thoo general offide, boursofall Citirdepartments. NOW, THINIFORE6M CM COUNIOL Of THE OFFY AEL on Of $a RAFAEL HEREBY ORDAIN AS W- I am a citizen of the United States and a resident of the County LOWS9 aforesaid: I am over the age of eighteen years, and not a party to t"VIl"N 1, or interested in the above matter. I am the principal clerk of the Section 2.04,010 of Chapter 2,04 of the San Rafael khmic al Code ("COUNCIL') is herefiff arrer4ed Vn printer of the MARIN INDEPENDENT JOURNAL, a newspaper of I its itntirety as follows, =10, general circulation, printed and published daily in the County of Regular meetings. Mann, and which newspaper has been adjudged a newspaper of The regular meetings of the Council of the City of San Rafael, County of Marin, state of California, general circulation by the Superior Court of the County of Marin, small beheld an the first and third Monday of each State of California, under date of FEBRUARY 7, 1955, CASE Tmntt at the rgla, glace of meetisispecIficd It, this section, W rot e fwst or third ionday falls NUMBER 25566 that the notice, of which the annexed is aprinted upon ifdoer Sim, Years Day, Presidern Day,. Me Toorial Day. the Fourth of July, Labo, Day, Veit,- copy (set in type not smaller than nonpareil), has been published in ans Day or Christmas Day, the Council shall meet in on the Tuesday following the hcfid>7. Regular' hour each regular and entire issue of said newspaper and not any meetings shall convent at the o seven supplement thereof on the following dates, to-wit: The regular meetings may be ad�urpecl from toll."", to time as m be determined the Council for tme Purpose comp4etina the business and du. ties of the Courcil, aid may be adjourned to arty 2/1712012 other date and time. All replar meetings of the Council shall be Well at the C y Hall situated on the northerly side of fifth Avenue between C Street ard E Street and tie meetings staff be hefd in the general assembly room in the building set aaart for tine meetings of Vie Council. DIVWN 2. Section 2.12.220 of Chapter 2.12 of the San Rafael Rtunicippal Code ("DEPARTMENTS') is hereby amended to read kit its entirety as fifflo,,gs: 2,12.22'5- General office hours. Except as may otnervitse be provided by 'OSOIL- lion of the C11rcil, all pu-blic offices and de- partments of t0clity, save and except the pike department, fire d%attstreet departmenz.. kept ft remainmerd, and Ink: brary, shalt be remainopen 4 for transaction of baseness as follows: from Monday to Friday; inclusive, of each week, from 8:10 air, to WO ti.m., save and eaMt legal ho - days and the day foilowITharfksglvufg� For the purpose of this section, Columnus Day (Cotober 12j stall not be cansid&fic a legal hoialay. Exce as heroin otherviose crovAcid and except I certify (or declare) under the penalty of perjury that the foregoing as rt�llfrwise Provided the Charter Of the city and Lee Constituticei all laws or the State, it is is true and correct. orovided that every Saturday is a holiday as re- suffCIS 1,40 VanSaCt41m Of b"'IMS 0 the Public offices and departments of the City, orovnded. Dated this 17th day of February, 2012. qowevm. that the foregoing ifovisim shall riat extond -to Of affect file followirff offices and dif- fiartinents of said City or the transaction of buse- -IOU therein or therell: the police department, tic! erre department, at) tett N lie fibary. The City CowicR rw& flat the coeV. Amcldr-IC-ItS Signature adeotett herein arc clxerot iron thft r of the califoritis En� iortnw-,oal Quality AV, PROOF OF PUBLICATION , QA') vnOt Seactiot, L65031(b)(3) (if the CEQA "Cc GIA1111MM, Which t-keMPIA 2r0fectS that i--Wly nave, -10 pate,itially Significant advvist, 0"irort- ,nfentlIf impacts. CKVMWN 4. If any scctvon, S"ac<,lion, 5vtmrci", clause or rase Of "is Ominaroo IS for any reason nem to InvoAK sipch oiacision shoo not affect the valid. of the romsining ;s of this Ordinance. The Council hereby dienXtria"mm that It Would have adopted the Ordinance and cach wcttriri, smbwc- tion, sontorcv. clause or phrase thereof, irne ec' five of ft fact that any orae or more. sc tions. ,AJbSKt1nn%, SOr1tenCVS. OUV'S Or PhrASIVS be de' clamd irwalid. OIVK40N & This Ordinance shag he published once, in fub or 'W in' before Its final parsmIn a o1pral circulation, publishedand -sia c of San Itafael, and stroll be In. circulated in-Iftige full force and effect thirty (301 days after Its final mssage. if published in summary form, the sum, mary shall also be fublished vothIn fifteen (15) days aftv the adoption. together with the names of those Councilm"Iters voting for or against same. in it n,,or of general circulation pub �.% r h or San ittifeek lisped and cift; ed In he City County of Marin, State of Callf(rtma, IV Gary 0 Phillips GARY 0. PHILLIPS, Mayor ATTEST: /V Esther Seirne ESTHER BEIANE, City Cgerk The foregoing Ordinance No. 1903 was read and introduced at a Regular Meetinof the City Coup• cif of the City of San Rafael heldon the 6th day of february. 2012 and orde;;d passed to print by Me f01100619 Vote. to Wit! AYMCouncilmembm: ' Conal Levine,, McCulloug�& Mayor Phillips Na&CDuncftrr*mbem None ABSENT,CDuncitrivrnbem Hester and Will CD1V ut for aclontion as an Ordinance of Cwunalt Me Ch of San afazi at a 4 lar Meeting 00 the be held an the 5th ay of %Mrch, 2012. /s/ EsMv Seltne ESTHER SEIRNE, Cdy Clerk noun reb. 17,20L2 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS 2.04.010 AND 2.12.220 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING COUNCIL MEETING TIMES AND CITY DEPARTMENT GENERAL OFFICE HOURS DATE/TIME: Monday, February 6, 2012, at 8:00 p.m. LOCATION: City Council Chambers, 1400 Fifth Avenue, San Rafael, CA PURPOSE: To receive public comments and consider amendments to Section 2.04.010 of the San Rafael Municipal Code concerning the commencement time of regular City Council meetings, and to Section 2.12.220 of the San Rafael Municipal Code concerning the general office hours of City departments. IF YOU CANNOT ATTEND: You may send a letter to Esther Beirne, City Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. FOR MORE INFORMATION: You may contact Esther Beirne, San Rafael City Clerk, at (415) 485-3066 for more information, Monday through Friday, 8:00 a.m. to 5:00 P.M. SAN RAFAEL CITY COUNCIL /s/ Esther Beirne ESTHER BEIRNE CITY CLERK, CITY OF SAN RAFAEL American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-3085 (Voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. (Please publish in the Marin Independent Journal on January 27, 2012) Im Im ROUTING SLIP FOR APPROVAL OF CONTRACTS / AGREEMENTS / ORDINANCES / RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT / AGREEMENT / ORDINANCE / RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO: 14 A DATE OF MEETING: February 6, 2012 FROM: Lisa A. Goldfien R E 4E Is VE D DATE: January 31, 2012 ORIGINATING DEPARTMENT: City Attorney JAN 3 12012 TITLE OF DOCUMENT: C 19 TY A-11- 7110 R N EY CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 2.04.010 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING COUNCIL MEETING TIMES AND SECTION 2.12.220 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING CITY DEPARTMENT GENERAL OFFICE HOURS Robert F. hp49,City ttorney (LOWER HALF OF FORM FOR APPROVALS ONLY) Reviewed by City Manager / Executive Director APPROVED AS TO FORM: Approved as Cou+if Agency Agenda l em City Attorney (Signat4re) El NOT APPROVED