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Home My Public Portal About01. Resolution Extending the Temporary Increase in the Size of the Police Commission1►0 ,E 1997 - File #: 4312 Claremont City Council Agenda Report TO: CLAREMONT CITY COUNCIL FROM: ADAM PIRRIE, CITY MANAGER DATE: J U LY 26, 2022 SUBJECT: Item No: 1. Reviewed by: City Manager: AP RESOLUTION EXTENDING THE TEMPORARY INCREASE IN THE SIZE OF THE POLICE COMMISSION (FUNDING SOURCE: GENERAL FUND) SUMMARY On September 8, 2020, the City Council adopted Ordinance No. 2020-07 amending Section 2.43.030 of the Claremont Municipal Code to temporarily increase the size of the Police Commission from seven to nine members. The membership of the Police Commission was increased in response to events nationwide that called for the investigation of policing practices and resulted in the formation of a number of ad hoc committees to evaluate and form recommendations on various issues under the purview of the Police Commission. The increase in the size of the Police Commission was intended to be for a temporary two-year period, which is set to expire on August 31, 2022. The two additional Police Commissioners appointed with the increase in membership of the Commission (Commissioners Margiotta and Mohamed) have terms that are also set to expire on August 31, 2022, if the terms are not extended by resolution of the City Council. On July 12, 2022, the City Council directed staff to prepare the attached resolution extending the terms of the newly -created, temporary Police Commission positions and gradually reducing the size of the Commission from nine members to seven members through the attrition of other Commissioners (e.g., through resignation or through Commissioners reaching their term limit). RECOMMENDATION Staff recommends that the City Council adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, EXTENDING THE TEMPORARY INCREASE IN THE SIZE OF THE POLICE COMMISSION APPROVED BY ORDINANCE NO. 2020-07. CLAREMONT Page 1 of 3 Printed on 7/21/2022 ALTERNATIVE TO RECOMMENDATION In addition to the recommendation, there are the following alternatives: • Request additional information. FINANCIAL REVIEW The staff cost to prepare this report is estimated at $675 and is included in the operating budget of the Administrative Services Department. ANALYSIS On August 25, 2020, the City Council adopted Ordinance No. 2020-07 amending Section 2.43.030 of the Claremont Municipal Code to temporarily increase the size of the Police Commission from seven to nine members. The membership of the Police Commission was increased in response to events nationwide that called for the investigation of policing practices and resulted in the formation of a number of ad hoc committees to evaluate and form recommendations on various issues under the purview of the Police Commission. The increase in the size of the Police Commission was intended to be for a temporary two-year period, which is set to expire on August 31, 2022. The two additional Police Commissioners appointed with the increase in membership of the Commission (Commissioners Margiotta and Mohamed) have terms that are also set to expire on August 31, 2022, if the terms are not extended by resolution of the City Council. On July 12, 2022, the City Council directed staff to prepare the attached resolution extending the terms of the newly -created, temporary Police Commission seats and gradually reducing the size of the Commission from nine members back to seven members through attrition of Commissioners (e.g., removal, resignation, ineligibility to serve, etc.). If adopted, the attached resolution will extend the terms of the two additional temporary positions on the Police Commission for a period of time determined by the City Council at the time of appointment or reappointment to provide the opportunity for the Commissioners seated in the temporary positions (Commissioners Margiotta and Mohamed) to remain in service if the City Council wishes to reappoint them. Thereafter, the size of the Commission will automatically be reduced to seven members through the earliest of any of the following events: A. One (1) or more of the Commissioners resigns or is otherwise unable or unwilling to continue serving on the Commission (e.g., the Commissioner no longer resides in the City of Claremont); or B. The City Council removes one (1) or more of Commissioners; or C. The term of one (1) or more of the Commissioners ends, and the Commissioner is not eligible to be reappointed due to the City's term limit. The term of Commissioner Jon Strash expires August 31, 2022, and Commissioner Strash is not eligible for reappointment due to the City's term limit. As a result, effective September 1, 2022, the CLAREMONT Page 2 of 3 Printed on 7/21/2022 size of the Police Commission would automatically be reduced from nine members to eight members. The terms of Commissioners Caleb Mason and John Perez are due to expire August 31, 2023, and those Commissioners are not eligible to be reappointed due to the City's term limits. If the size of the Police Commission has not already been reduced due to events listed in paragraphs (A) and/or (B) above, then effective September 1, 2023, the size of the Police Commission will automatically be reduced from eight members to seven members. LEGAL REVIEW The resolution being considered by the City Council has been reviewed and approved as to form by the City Attorney. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds this item relates to the following: City Council Priorities. CEQA REVIEW This item is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a "project" as defined in Section 15378). Under CEQA Guidelines Section 15378(b)(5), continued administrative activities and organizational activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Extending the temporary increase in the size of the Police Commission will not result in or lead to a physical change in Claremont. Therefore, no additional environmental review is needed at this time. PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. Submitted by: Prepared by: Adam Pirrie Katie Wand City Manager Assistant to the City Manager Attachment: Resolution CLAREMONT Page 3 of 3 Printed on 7/21/2022 ATTACHMENT RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, EXTENDING THE TEMPORARY INCREASE IN THE SIZE OF THE POLICE COMMISSION APPROVED BY ORDINANCE NO. 2020-07 WHEREAS, Section 2.43.030 of the Claremont Municipal Code states that the City of Claremont's Police Commission "shall have seven (7) members appointed by the City Council"; and WHEREAS, in response to events nationwide that called for the investigation of policing practices and resulted in the formation of a number of ad hoc committees to evaluate and form recommendations on various issues under the purview of the Police Commission, the City Council determined it was in the best interest of the community to temporarily increase the size of the Police Commission by two (2) members (i.e., from seven [7] to nine [9] members); and WHEREAS, at its regular meeting on September 8, 2020, the City Council adopted Ordinance No. 2020-07 amending Section 2.43.030 of the Claremont Municipal Code to include the following language: Notwithstanding the foregoing, starting August 31, 2020, the Commission shall have two (2) additional members, each appointed by the City Council, to increase the full membership of the Commission from seven (7) to nine (9). Unless extended by resolution of the City Council, the terms of the two (2) additional members shall automatically expire on August 31, 2022, and the Commission will automatically return to seven (7) members. WHEREAS, per Ordinance 2020-07, the terms of the two newly -created temporary Commission positions are due to expire August 31, 2022 if the terms are not extended by resolution of the City Council; and WHEREAS, at its regular meeting on July 12, 2022, the City Council directed staff to prepare this resolution extending the terms of the newly -created, temporary Police Commissioner positions and reduce the size of the Commission from nine (9) members to (7) members through attrition of other Commissions (e.g., through resignation or Commissioners reaching their term limit). NOW THEREFORE, THE CLAREMONT CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. Incorporation of Recitals The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein. SECTION 2. Extension of Temporary Increase in Size of Police Commission. In accordance with Section 2 of Ordinance 2020-07, and unless extended by resolution of the City Council, the terms of the two (2) additional temporary positions on the Police Commission shall be extended for a period of time determined by the City Council at the time of appointment or reappointment to provide the opportunity for the Resolution No. 2022- Page 2 Commissioners seated in the temporary positions to remain in service if the City Council wishes to reappoint them. Thereafter, the size of the Police Commission shall automatically be reduced from nine (9) members to seven (7) members upon the earliest of any of the following events: A. One (1) or more Commissioners resigns or is otherwise unable or unwilling to continue serving on the Commission (e.g., the Commissioner no longer resides in the City of Claremont); or B. The City Council removes one (1) or more Commissioners; or C. The term of one (1) or more Commissioners ends, and the Commissioner is not eligible to be reappointed due to the City's term limit. SECTION 3. Severability If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. Passage of Resolution That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. SECTION 5. Effective Date This Resolution shall take effect and be in force immediately. PASSED, APPROVED and ADOPTED this 26th day of July, 2022. Mayor, City of Claremont ATTEST: City Clerk, City of Claremont APPROVED AS TO FORM: City Attor , City of Claremont