HomeMy WebLinkAbout19 REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER MASONAgenda Item 1_ AGENDA REPORT Reviewed: City City Mana er Finance Director MEETING DATE: SEPTEMBER 4, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CITY ATTORNEY SUBJECT: REQUESTS TO EXCUSE ABSENCES BY PLANNING COMMISSIONER MASON SUMMARY: In accordance with Council Ordinance 1481, consider whether to approve the request from Planning Commissioner Amy Mason to excuse two (2) past absences from Planning Commission meetings. RECOMMENDATION: It is recommended that the City Council consider whether to approve requests by Planning Commissioners Amy Mason to excuse two (2) past absences from Planning Commission meetings. FISCAL IMPACT: None. CORRELATION TO THE STRATEGIC PLAN: The requested actions correlate with the City's Strategic Plan Goal E: "Organizational Excellence and Customer Service: Be a high performance organization, with effective customer service provided by professional staff." BACKGROUND AND DISCUSSION: On May 16, 2017, the City Council adopted Ordinance 1481 to amend the Tustin City Code rules that govern the appointment and terms of the City's Audit, Community Services and Planning Commissioners. One of the rules adopted at that time provides that a commissioner who misses four commission meetings in any twelve (12) month 1327335.1 Agenda Report — Requests to Excuse Commissioner Mason Absences September 4, 2018 Page 2 period would be automatically removed from his/her position on that commission, but the rule expressly excludes any absences as are "excused by action of the City Council." Pursuant to that Ordinance, only the City Council has authority to excuse an absence. At its June 5, 2018 meeting, the City Council considered whether to "pre -approve" certain categories of absences if they were caused by certain factors (e.g., illness, attendance at commission -related conferences, etc.) After discussing the matter, the City Council decided by 4-1 vote (Mayor Pro Tem Gomez dissenting) to maintain the existing code as it relates to commissioner absences. As a result, no categorical excuses have been approved, and requests for excused absences will continue to be considered by the City Council on a case-by-case basis. The City Council then considered at its July 17, 2018 meeting the requests from Planning Commissioners Mason and Thompson's requests to excuse two absences each. Councilman Puckett was not available to attend the meeting, and the discussion of the matter appeared relatively divided. Rather than vote on the request, the Council directed staff to bring the item back for subsequent discussion, and with further information about attendance records for all of the Planning Commissioners and dating back further than just the most recent 12 months. Planning Commissioners Attendance/Absence Records: Attached hereto as Exhibit A is a summary of all of the Planning Commissioners' attendance and absences since Ordinance 1434 was adopted on May 21, 2013. Requests from Planning Commissioner Mason: Planning Commissioner Mason has missed three meetings in the past twelve months, on November 14, 2017, February 13, 2018, and February 20, 2018. Commissioner Mason. has requested that the City Council excuse two of those absences for the reasons detailed below: 1. The Regular meeting on February 131h, 2018. a. Commissioner Mason alerted City staff that she expected to be absent from the February 13th meeting. 1 Ordinance 1481 amended Tustin City Code sections 1513 (applicable to Planning Commissioners), 1539 (applicable to Audit Commissioners), and 1553 (applicable to Community Services Commissioners). Each section contains an identical subsection (c) that provides, in pertinent part, that a commissioner ""shall automatically be deemed removed from office upon certification of election of that member to the City Council as provided in Section 1305b of this Code, or upon the occurrence of four (4) absences from Commission meetings within any twelve (12) consecutive month period, excluding any such absences as may be excused by action of the City Council." [Emphasis added.] 1327335.1 Agenda Report — Requests to Excuse Commissioner Mason Absences September 4, 2018 Page 3 b. Commissioner Mason was home with an illness from February 101h through 14th c. Commissioner Mason's March 13, 2018 letter about this is attached as Attachment B. d. A medical record provided by Commissioner Mason reflecting her doctor visit on February 13, 2018 is attached as Attachment C. 2. The Special Meeting that was scheduled as a joint Planning Commission and City Council meeting on February 20, 2018. a. When Commissioner Mason was polled about her availability for that special meeting, she noted that she would not be able to attend. b. Commissioner Mason's email requesting this absence be excused is attached as Attachment D. Attachments: A. Summary of Planning Commissioners Attendance and Absences B. March 13, 2018 Letter from Commissioner Mason Requesting Excused Absence C. February 13, 2018 Medical Record D. March 14, 2018 Email from Commissioner Mason Requesting Excused Absence 1327335.1 Planning Commissioner Attendance and Absences Since May 21, 20131 Commissioner Kozak has attended all Planning Commission Meetings since June 25, 2013, except: 1. April 10, 2018 * Commissioner Lumbard has attended all Planning Commission Meetings since June 25, 2013, except: 1. September 8, 2015 Commissioner Mason has attended all Planning Commission Meetings since June 25, 2013, except: 1. October 25, 2016 2. November 14,2017* 3. February 13, 2018* 4. February 20, 2018* Commissioner Smith has attended all Planning Commission Meetings since June 25, 2013, except: 1. July 8, 2014 2. June 9, 2015 3. January 12, 2016 4. August 23, 2016 5. September 27, 2016 6. January 24, 2017 7. November 14,2017* 8. April 4, 2018* 9. August 14,2018* Commissioner Thompson has attended all Planning Commission Meetings since June 25, 2013, except: 1. June 25, 2013 2. January 27, 2015 3. May 12, 2015 4. July 6, 2015 5. October 25, 2016 6. December 13, 2016 * Meetings identified with an asterisk occurred within the past 12 months. 1 Ordinance 1434 was adopted by the City Council on May 21, 2013. That ordinance provided for automatic removal of commissioners in the event of excessive absences. Amy Mason 13791 Grovesite Drive, Tustin, CA 92780 ( 310-254-6407 1 amy.mason@dinebrands.com 3/13/18 David E. Kendig Tustin City Attorney Woodruff, Spradlin & Smart, APC Dear David E. Kendig: Please note that while I alerted staff to my expected absence at the February 13, 2018 Tustin City Planning Commission, I was home with an illness from February 10th thru February 14th. I have attached my medical visit record during that time. Sincerely, Amy Mason AMY KAVANAUGH (DOB.6/24/1967) Seen At: Xpress Urgent Care Tustin, 17612 E 17th St, 101. Tustin. CA Seen On: 02/13/2018 by Yury Skarlat, PA Supervised 92780-1962, Phone 714-243-5450, Fax 714-838-8944 By. Zaid Nornan, MD The data contained in this FAX is HIGHLY CONFIDENTIAL It is intended for the exclusive use of the addressee It is to be used only to aid in providing specific healthcare services to this patient. Any other use Is a violation of Federal Law (HIPAA) and will be reported as such Chief Complaint: Patient comes in today for a Sore throat and Body Aches. (SOURCE: Patient) History of Present Illness: PMH: Surgical History: Patient Reports: Sore throat [Onset: 4 Day(s); Assoc. Sx: Denies Ear pain Reports Fever] Body Aches Fever Myalgias Patient Denies: Eye pain, Diplopia, Blurred vision, Chest pain, Murmur, Palpitations, Dyspnea, Pleuritic, Abdominal pain, Vomiting, Diarrhea, Vaginal discharge, Urinary frequency/urgency, Lesion, Rash, Anemia, Bleeding, AIDS, Dizziness, Anxiety, Depression Reviewed Past Medical Hx Review of Constitutional Systems: Patient Reports: Body Aches, Fever Eyes Patient Reports: Sore throat Cardio Patient Denies: Abdominal pain; Vomiting; Diarrhea GU Patient Denies: Anemia; Bleeding Allergy/Immun Patient "enies:ness Psych Patient Denies: Anxiety; Depression Current Meds: Patient is not currently on any medications Allergies: Active: Reviewed Allergies; iodine Social History: Reviewed Social Hx �w David E. Kendig From: Amy Mason <Amy.Mason@dinebrands.com> Sent: Wednesday, March 14, 2018 4:57 PM To: David E. Kendig Subject: Mason PC Attendance Attachments: CORN344.pdf, ATT00001.htm David, Per our conversation yesterday, please find a note regarding the Feb 13th planning commission. Additionally, I wanted to request that the City Council also consider excusing my absence at the Joint PC/CC meeting on February 20. As noted, this was a special off schedule meeting that when it was scheduled, I noted that is that date was chosen, I would not be able to attend. I am very committed to the planning commission and our community and appreciate your consideration. Please call me with any questions or concerns. Amy Kavanaugh Mason SVPIDine Brands Global Communications & Insights The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. 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