HomeMy WebLinkAbout2006-05-03 STAFF REPORTS 2H eA�? MspA
CITY OF PALM SPRINGS
MEMORANDUM
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C R�ONPTED
q1/F0RN� CITY CLERKS DEPARTMENT
James Thompson, City Clerk
TO: Mayor and Members of the City Council
David H. Ready, City Manager
COPY: Don Duckworth, Director of Building and Safety
FROM: James Thompson, City C1�
DATE: April 28, 2006
SUBJECT: Board of Appeals
On the May 3, 2006 City Council Agenda, I have placed an Item on the Consent Calendar to
declare the Board of Appeals Member Kathie Brennan's appointment as vacated.
Charter Section 605 requires staff to bring to the attention of the City Council, mandating City
Council consideration the removal of a board or commission member, for various reasons
such as excessive absenteeism, relocated out of the city or failure to file a disclosure
statement.
The; Building Official and the City Clerk have made numerous attempts to reach the Board
Member via telephone and by way of letter; all which have been unsuccessful. We believe
Kathie Brennan has relocated.
The; Board has not had to recently convene, so absenteeism has not yet been a factor, but
the Board Member has failed to file Form 700 for 3 years 2003, 2004 and 2005.
Kathie Brennan is not a registered voter at the address we have on-file, but we did locate a
registered voter named Kathryn Brennan at a different address and have tried to make
contact by sending letters to that address; again unsuccessfully, and we are unsure if it is the
sarne person.
Since the City Council is currently accepting applications for the 2006 Annual Recruitment,
the Building Official and City Clerk recommend that the position be declared as vacant and
that the City Council seek qualified replacement candidates during the 2006 recruitment.
Do not hesitate to contact me if you have any questions.
Attachments: ,
Charter Section 605 �5V® � ®
Letters to Kathie Brennan
Except as may be otherwise provided in this Charter, the city manager shall designate a
secretary for the recording of minutes for each of such boards and commissions, who shall keep
a record of its proceedings and transactions and shall provide staff support for such board or
commission. Each board or commission shall be governed by Roberts Rules of Order except
that each board or commission may by resolution adopt such other rules and regulations which
shall be consistent with this Charter, as each may deem appropriate. Copies of all such
esolutions shall be kept on file in the office of the city clerk, where they shall be available for
public inspection. The city council may by ordinance or resolution grant to board or commission
the same power as the city council to compel the attendance of witnesses, to examine them
under oath, to compel the production of evidence before it and to administer oaths and
affirmations.
SECTION 604. Compensation.
Unless otherwise provided by ordinance, the members of boards and commissions shall
:serve without compensation for their services as such, but may receive reimbursement for
necessary traveling and other expenses incurred on official duty when such expenditures have
received authorization by the city council.
SECTION 605. Removal; Vacancies.
Any member of a board or commission may be removed at any time by a vote of a
majority of the membership of the city council and, notwithstanding any other provision of this
section mandating city council consideration of removal of a board or commission member,
removal may be with or without cause. The issue of whether to declare the office of a board or
commission member vacant shall be brought before the city council as follows:
(a) Upon the resignation of the board or commission member;
(b) Upon the request of any member of the city council;
(c) Upon excessive absenteeism, to be defined as absence from three
consecutive meetings of such board or commission or for twenty five percent (25%) of the duly
scheduled meetings of the board or commission within any fiscal year, unless by permission of
such board or commission expressed in its official minutes;
(d) Upon conviction of any felony or crime of moral turpitude;
(e) If the member of the board or commission ceases to be a qualified elector
of the City;
(f) Failure of the board or commission member to file a financial disclosure
statement as may be required by State law or city ordinance; or
(g) Such other cause as city council may provide by ordinance.
The city council may declare the office of any board or commission member vacant, and
the vacancy shall be effective from the date of the declarant unless otherwise specified in the
declaration.
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April 13, 2006
Kathie Brennan
Board of Appeals
3917 Sunny Dunes
Palm Springs, CA 92264
RE: Delinquent Form 700 Conflict of Interest Statement
Dear Board member Brennan:
Our records indicate that your 2005 Annual Form 700 Conflict of Interest Statement due
on April 3, 2006 has not been received. If you have filed this statement please contact
me, so that we may reconcile our records.
The Political Reform Act prohibits filing officers from extending a filing deadline. Please
file your late statement immediately and include an explanation for your late filing.
Should you need forms or disclosure categories, please call Cindy Berardi, Deputy City
Clerk at (760) 323-8204. Interactive forms are also available at www.fppc.ca.gov.
Please do not hesitate to contact me should you have any questions.
Sincerely,
CITY OF PALM SPRINGS
/James Thompson
U City Clerk
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Post Office Box 2743 • Palm Springs, California 92263-2743
City of Palm Springs
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August 12, 2005
Kathie Brennan
3917 Sunny Dunes
(Palm Springs, CA 92264
NOTICE OF DELINQUENCY
Annual Statement January 1, 2004 to December 30, 2004
Annual Statement January 'I, 2003 to December 30, 2003
The Political Reform Act requires certain officials and employees who serve in positions
designated in the City's conflict-of-interest code to file an annual Statement of Economic
Interests (Form 700).
According to the City's records on April 12, 2005 you were notified that you have not
filed your Statement of Economic Interests (Form 700) which was due on April 1, 2005.
This letter is your second notice. Please file immediately. Government Code Section
91013 provides that any person who file a statement after its deadline shall be liable in
the amount of $10 per day, up to a maximum of $100, in addition to any administrative
penalty up to $5,000 maximum imposed by the Fair Political Practices Commission.
117 we do not receive your statements, the City is required to refer this matter to the
FPPC. Additionally notification will be forwarded to the City Council as a violation of the
Palm Springs Charter Section 605, REMOVAL OF A COMMISSIONER.
You may obtain forms from my office or an interactive form is available on-line at
M(ww.fppc.Ca.goy.
CITY OF PALM SPRINGS
James Thompson
City Clerk
cc: Kathie Brennan
637 N. Calle Rolph
Palm Springs, CA 92262
Post Office Box 2743 • Palm Springs, California 9226�-2743
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City of Palm Springs
Office of the City Cleric
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Tel: (760) 323-8204 • Fax:(760)322-8332 • Web:www.ci.palm-springs.ca.us
August 12, 2005
Kathie Brennan
:3917 Sunny Dunes
Palm Springs, CA 92264
NOTICE OF DELINQUENCY
Annual Statement January 1, 2004 to December 30, 2004
Annual Statement January 1, 2003 to December 30, 2003
The Political Reform Act requires certain officials and employees who serve in positions
designated in the City's conflict-of-interest code to file an annual Statement of Economic
Interests (Form 700).
According to the City's records on April 12, 2005 you were notified that you have not
filed your Statement of Economic Interests (Form 700) which was due on April 1, 2005.
This letter is your second notice. Please file immediately. Government Code Section
91013 provides that any person who file a statement after its deadline shall be liable in
the amount of $10 per day, up to a maximum of $100, in addition to any administrative
penalty up to $5,000 maximum imposed by the Fair Political Practices Commission.
If we do not receive your statements, the City is required to refer this matter to the
FPPC. Additionally notification will be forwarded to the City Council as a violation of the
Palm Springs Charter Section 605, REMOVAL OF A COMMISSIONER.
You may obtain forms from my office or an interactive form is available on-line at
www.fppc.ca.gov.
CITY OF PALM SPRINGS
J mes Thompson
ity Clerk
cc: Kathie Brennan
637 N. Calle Rolph
Palm Springs, CA 92262
Post Office Box 2743 • Palm Springs, California 92263-2743
OF PALM SpR
City of Palm Springs
* * Office of the City Clerk
* HC�RRaRNTE0,y3 3200 Tahquitz Canyon Way• Palm Springs,California 92262
CqC f FO RN�P TEL:(760)323-8204•TDD:(760)864-9527
April 12, 2005
Kathie Brennan
3917 Sunny Dunes
Palm Springs, CA 92264
Dear Ms. Brennan:
RE: Delinquent Form 700 Statement of Economic Interests
Annual Statement January 1, 2004 to December 30, 2004
The Political Reform Act requires certain officials and employees who serve in positions
designated in the City's conflict-of-interest code to file an annual Statement of Economic
Interests (Form 700).
According to the City's records you have yet to file your Statement of Economic Interests
(Form 700), which was due April 1, 2005. Government Code Section 91013 provides that
any person who files a statement after its deadline shall be liable in the amount of $10.00
per day, up to a maximum of$100.00.
Please file Form 700 immediately. The deadline cannot be extended. You must include the
reason for late filing, in writing, and you may request a waiver of the late fee.
I have enclosed a duplicate copy of your last filing for your convenience, along with the
necessary filing requirements and schedules. An interactive form is available on-line at
wW W.fppc.ca.goy.
If you have any questions or concerns, please do not hesitate to contact me at (760) 323-
8204.
Sincerely
mes Thompson
( City Clerk
Post Office Box 2743 0 Palm Springs, California 9226 -2743
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Office of the City Cleric
* ry0."OFATV`y3 ' 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262
Tel: (760) 323-8204 • Fax: (760)322-8332 • Web: www.ci.palm-springs.ca.us
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February 27, 2006 f
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Kathie Brennan
Board of Appeals
RE: Annual Statement of Economic Interests
Greetings . . . it's that time of year again in local government--The annual filing of FPPC Form
700 Statement of Economic Interests.
The Political Reform Act and/or City of Palm Springs Conflict of Interest Code require members
of Commissions and Boards, along with certain designated staff, to file an annual Statement of
Economic Interests. Your statement is due on or before MONDAY, APRIL 3, 2006.
Although the form appears daunting, it is really quite simple. First, you only need to file the
applicable forms as designated for your office/position in the City Appendix B "Category
Disclosures". Also, keep in mind your jurisdiction; for most filers, you only have to report
sources located or doing business in the City of Palm Springs (with the exception of gifts).
New Law for Transactions starting in 2005: Filers must report investments and interests in real
property held by, and sources of income to registered domestic partners.
I am confident that timely filings will be expectant, as filings after the deadline may lead to late
filing penalties of $10 for each day the statement is late. Form 700 is a public record! Take a
second look at your statement for accuracy and completeness, before it is filed.
Interactive Forms are available on-line at www.fppc.ca.gov. If you have any questions, we will
certainly try to be of assistance. The best source for technical information is the FPPC Toll-Free
Helpline (866) 275-3772. In the meantime, do not hesitate to call me at (760) 323-8204.
As always, thank you for serving the City of Palm Springs!
Sincerely,
CITY OF PALM SPRINGS
/. mes Thompson 1
3ity Clerk
Post Office Box 2743 0 Palm Springs, California 92263-2743
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441FO""� CITY COUNCIL STAFF REPORT
DATE: MAY 3, 2006 CONSENT CALENDAR
:iUBJECT: DECLARE BOARD OF APPEALS APPOINTIVE POSITION AS VACANT
PURSUANT TO CHARTER SECTION 605(f)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY
The City Council will consider declaring a Board of Appeals appointive office as vacant.
RECOMMENDATION:
1. Declare the Board of Appeals appointive office held by Kathie Brennan vacant.
2. Direct the City Clerk to post a Notice of Vacancy and to provide for the City
Council to fill the vacancy during the 2006 annual recruitment process.
STAFF ANALYSIS:
Palm Springs City Charter Section 605(f) requires staff to bring before the City Council
the issue of whether to declare the office of a board or commission member vacant for
failure of the board or commission member to file a financial disclosure statement as
may be required by state law or city ordinance.
FISCAL IMPACT:
None.
�J"'f es Thompson, City Clerk David H. Ready, ity ager
Item No. 2 . H .