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RES-2017-049RESOLUTION NO. 2017- 0 4 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROVIDING FOR DISTRICT -BASED APPOINTMENT AND REMOVAL OF BOARD AND COMMISSION MEMBERS PRIOR TO THE 2018 GENERAL MUNICIPAL ELECTION WHEREAS, at the 2014 General Municipal election, the electors of the City of Anaheim voted to change the way in which council members in the City are elected from an "at large" system to a "by district" system whereby the voters in each district in the City elect a resident of that district to serve on the City Council; and WHEREAS, there are six districts in the City, each of which will have a district representative following the General Municipal election in 2018; and WHEREAS, the City Council is currently comprised of seven members, a Mayor who is (and will continue to be) elected at large, four council members who were elected in 2016 to represent a district, and two council members who were elected in 2014 pursuant to the City's prior at large election system; and WHEREAS, sections 900 and 902 of the City Charter authorize the City Council to make appointments to the City boards and commissions named in the Charter, as well as to establish other boards and commissions as appropriate and grant them powers and duties consistent with the Charter; and WHEREAS, the City Council desires to change the way in which members of City boards and commissions are selected in order to make those boards and commissions reflective of the City's by district election system; and WHEREAS, because the transition to district representatives will not be complete until the General Municipal election in November of 2018, this resolution is needed to govern the appointment and removal of board and commission members as set forth herein prior to that election, after which time such matters will be governed by the Anaheim Municipal Code; and WHEREAS, matters relating to boards and commissions other than the appointment and removal of board and commission members prior to the 2018 General Municipal election as set forth herein shall be governed by the City Charter and Municipal Code. NOW THEREFORE BE IT RESOLVED THAT: 1. Commencing on April 25, 2017, or as soon thereafter as appointments to boards and commissions can be considered by the City Council at a public meeting, City boards and commissions shall consist of seven (7) members, with the exception of the Library Board and the Sister City Commission, which shall retain their existing membership and method of appointment and removal as set forth in the City Charter and Municipal Code, except as provided in paragraph 3 herein. In addition, the Housing and Community Development Commission shall consist of nine members, two tenant members appointed by the affirmative vote of a majority of the total membership of the City Council and seven members appointed as otherwise provided in this resolution. 2. To ensure that City boards and commissions are reflective of the City's by district election system, one direct appointment to each such board and commission (other than the Library Board and Sister City Commission) shall be provided to each member of the City Council who was elected in 2016 to serve a district, i.e., to the representatives of district nos. 1, 3, 4, and 5 (the "district council members"). The remaining three appointments shall be made by the affirmative vote of a majority of the total membership of the City Council. All such appointments shall be made at a public meeting. 3. Any person appointed by the City Council prior to the 2016 General Municipal election shall be deemed released from service upon the appointment of his or her successor or notification by the City Clerk, without further action of the City Council being required. 4. When a district council member is making a direct appointment to a City board or commission, special consideration shall be given first to eligible incumbent appointees who reside within the district, then to eligible electors (for those boards and commissions governed by Charter section 902) or applicants who reside within the district, and finally to all other eligible applicants irrespective of district residency. 5. For those boards and commissions named and established in the City Charter (Planning Commission, Parks and Recreation Commission, Library Board, and Public Utilities Board; collectively "Charter Boards and Commissions"), members shall be subject to removal as provided in the City Charter (i.e., by the affirmative vote of a majority of the total membership of the City Council). In addition, those board and commission members selected in 2017 by a majority vote of the total membership of the City Council as provided above, shall likewise be subject to removal by the affirmative vote of a majority of the total membership of the City Council. Any board or commission member directly appointed by a district council member may be removed at the discretion of that council member, provided however that such removal must occur at a public meeting. 6. In order to ensure that the terms of members of Charter Boards and Commissions are staggered as required by Charter section 902, and that the appointment of such members is transitioned to reflect the City's by district election system, appointments made to the Planning Commission and Parks and Recreation Commission in 2017, for positions which have terms that are set to expire in June of 2017 and June of 2018, will be presented by the City Clerk for appointment/reappointment following the 2018 General Municipal election. For this same reason, appointments made to the Public Utilities Board in 2017 for positions which have terms that are set to expire in June of 2017, as well as one of the two positions which has a term that is set to expire in June 2018, will be presented by the City Clerk for appointment/reappointment following the 2018 General Municipal election. The remainder of the positions on these three Charter Boards and Commissions will be presented for appointment/reappointment by the City Clerk following the 2020 General Municipal election. 7. Members of boards and commissions that are not named and established in the City Charter ("Non -Charter Boards and Commissions") appointed in 2017 by the City Council or the district council member in district no. 3 shall have initial terms that expire when a successor is appointed by the elected district council members or the Mayor following the November 2018 General Municipal election. Members of Non -Charter Boards and Commissions appointed in 2017 by the district council members in District Nos. 1, 4 or 5 shall have initial terms that expire when a successor is appointed by the elected district council member for the respective district following the November 2020 General Municipal election. 8. The two tenant positions on the Housing and Community Development Commission appointed in 2017 by the City Council shall have terms expiring in 2018 and 2020, respectively. 9. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the term. If a council member directly appointed the position that is vacant, the vacancy shall be filled by the affirmative vote of the appointing council member at a public meeting. If the City Council appointed the position that is vacant, the vacancy shall be filled by the affirmative votes of a majority of the total membership of the City Council. 10. This resolution shall only be effective and shall only govern appointments and removals of City board and commission members prior to the November 2018 General Municipal election. Following the November 2018 General Municipal election, such appointments removals, and all other matters relating to City boards or commissions, shall be governed by the Anaheim Municipal Code and the City Charter. • . ] 11. This resolution shall not apply to the Anaheim Resort Maintenance District Advisory 12. This resolution shall take effect on the effective date of Ordinance No. 6401. 13. If there is a conflict or inconsistency between this resolution and the Anaheim Municipal Code, or if a matter is addressed in the Code but not in this resolution, the terms of the Code shall govern. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7`h day of March, 2017, by the following roll call vote: AYES: Mayor Tait and Council Members Barnes, Moreno, and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Members Murray and Kring ABSENT: None ABSTAIN: None CITY OF ANAHEIM By MAYOR OF THt CITY OF ANAHEIM ATTEST: ". d��o CITY CLERK OF THE CITY OF ANAHEIM 121322v.3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-049 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of March, 2017, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Barnes, Moreno, and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Members Murray and Kring ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of March, 2017. (SEAL)