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HomeMy WebLinkAbout08 - Charter Update CommissionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 December 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney ext. 3131, dhunt(cDnewportbeachca.gov Dave Kiff, City Manager ext. 3000, dkiff@newportbeachca.gov SUBJECT: Resolution 2009 -_; Adoption of Charter Update Commission ISSUE: Does Council wish to create a commission to consider possible updates to the City Charter and to City Ordinances that have been adopted by initiative measure so that update measures can be placed on the November of 2010 ballot? RECOMMENDATION: Per direction provided at the November 24, 2009, study session, staff recommends the Council confinns the number of individuals it wishes to have on the Commission; confirms and appoints the Councilmembers to the subcommittee who review applications for recommended appointment to the Commission; and adopts the resolution as presented creating and instructing the Commission. DISCUSSION: The Council considered the appointment of a Charter Update Commission at its November 24, 2009 Study Session. We attach a copy of that staff report for your ease of reference. The Council directed staff to come back with a resolution creating the Commission, establishing the issues it will address, and establishing the timeline for its task. We have attached a proposed resolution for your review and approval. We believe we had direction from the November 24, 2009. Study Session, but there was no formal action taken by the Council. We need confirmation of the following: • The number of members on the Commission, which we set at seven based upon discussions of Council; • Appointment of the subcommittee for reviewing and recommending appointment to the Commission; and Consideration of Creation of a Charter Update Commission December 8, 2009 Page 2 Directing the work program of the Commission. We understand the Council directed us to have a focused work program for the Commission, but to leave room for it to recommend further issues to the Council for review, but that it could only take up those further issues upon approval and direction by the Council. That is how we drafted the resolution, Environmental Review Addressing procedural issues within city government is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Public Notice Notice has been given consistent with the Ralph M. Brown Act. No other public notice is required by this item. CONCLUSION We recommend that you adopt the resolution either as drafted or as you provide further direction. Alternatively, you can choose not to proceed or to modify the work program or resolution in any way you choose. Prepared and Submitted by: Submitted By: OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE By 072� By A2::� David R. Hunt Da <iff City Attorney City Manager Attachment 1: November 24, 2009, Study Session Staff Report Attachment 2: Proposed Resolution 009- 006731 Charter Update Issues - 200900- M &CC from DRH 12.06..09 CC Mtg ATTACHMENT 1 Consideration of Creation of a Charter Update Commission November 24, 2009 Study Session Staff Report CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.SS November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney ext. 3131, dhuntC@NewportBeachCA.aov Dave Kitf, City Manager ext. 4030, dkiffQNewnortBeachCA.gov SUBJECT: Consideration of Creation of a Charter Update Commission ISSUE: Does Council wish to create a commission to consider possible updates to the City Charter and to City Ordinance that have been adopted by initiative measure so that update measures can be placed on the November of 2010 ballot? RECOMMENDATION: Review the issues and give direction. DISCUSSION: The City Charter was originally adopted effective January 7, 1955. The Charter is in effect the constitution of the City of Newport Beach. it governs and sets the parameters of all powers and regulation that occur within the City. While it has been periodically amended, there are currently provisions that are not consistent with Calffomia or United States laws. As such, it may be appropriate to appoint a citizens' commission to look at specific issues for possible update, clarification, and/or amendment to make them consistent with the current dictates of state and federal law and to modernize the Charter's dictates in order to make municipal government more efficient. In addition to Charter update, there are ordinances that have been passed by initiative measures that could be updated as well. For example portions of our Civil Service Ordinance are not enforceable under state and federal law. Those issues, and any other Issue arising from the Civil Service Ordinance can be addressed by the citizens' commission, should the Council so direct. Should the Council wish to proceed in this manner we recommend that the scope of work for a citizens' commission be focused on a limited range of issues. The time between now and the last day to put an issue on the 2010 General Election is relatively short. Any city Consideration of Creation of a Charter Update Commission November 24, 2009 Page 2 measure must be adopted by an appropriate enabling resolution and forwarded to the County Clerk/Elections Official no later than dune 28, 2010 for inclusion on the ballot. Working backwards, there is little more than six months in which a commission can be appointed, staff can research and analyze issues, the commission can discuss the issues, a report can be prepared by staff, and a final recommendation can be adopted by the City Council. As such, we recommend focusing the commission on issues of concern to the Council and providing a scheduled work program that can achieve the desired results within the limited time available. Charter Issues to Be Reviewed Staff has reviewed the Charter and various initiative measures that may be of interest to the Council for review. We have appended as Attachment °A" a listing of issues that has been-developed. Some of the issues are simple and some are more complex. The listing is not intended to be comprehensive, or mandatory, in any way. You can choose to assign issues to the commission in any manner you wish and you can add to the issues listed if you desire. The number of issues you choose will simply affect the intensity of the process during the six months available. We also note that this list is not intended to be an exhaustive expression of issues that could be addressed. There may be many more issues worthy of consideration. We have attempted to focus on a set of issues that can be addressed in the limited time available for consideration. The Council may wish to direct consideration of other issues after having the issues listed in this report reviewed and addressed. The issues described in more detail in Attachment A have been placed, for convenience of discussion, into one of the following three categories: Cateaory C: Clean -up (Those matters in which the Charter or initiative measures are inconsistent with existing law) Issues: 1. City Manager residency requirement 2. Redistricting committee 3. Tax limits 4. Sale of Bay front property 5. Gender references Cateaory M: Modernization and Efficiency (Those matters in which the Charter is not consistent with current municipal practice and in which effidency in govemment can be achieved through modemizeftV Issues: I. Contracting authority 2. Civil Service System 3. Ordinance publication requirements 4. Publication of legal notices Consideration of Creation of a Charter Update Commission November 24, 2049 Page 3 5. Time for contracting 6. Franchise procedures 7. Centralized purchasing Category P: Policy changes Issues: 1. Appointment to vacant Council seat Proposed Process We have drafted a proposed timeline (shown below), to lay out a potential work plan for the project. In summary, the plan we recommend, should you direct that we engage in the effort, starts with adopting a resolution creating a Charter Update Commission and soliciting applications for participation on the commission. We then recommend that the final report of the Commission, with whatever recommendations it adopts, be finalized by May 4 and brought to the Council at the last meeting In May of 2010 in a study session. That deadline will allow the Council to review the recommendations and schedule final action on the matter in time for placing any issues on the ballot. We also recommend that the Council not require the commission's recommendations be unanimous, but instead allow for any dissenting portion of the commission to prepare a dissenting report. This approach will allow for the issues to move more quickly, a requirement that is necessary based upon the limited amount of time available for deliberations. We recommend that a commission be supported by the staff of the City. Staff would Provide the commission with background information, analysis, and where appropriate, their recommendations based upon their professional experience, background, and training. We would recommend that the items for review and consideration by the Commission be clearly established by the Council so that the Commission understands the Council's interests and the limits of the Commission's purview. Additionally, given the limited time frame for this project, and the fad that capacity is limited in the organization for this new, but. important endeavor, engaging an outside project manager is proposed. The City Manager will engage an individual to assist the City Attorney, City Manager and Commission in ensuring timely completion of the task. The anticipated cost of the contract project manager Is $15,000. For efficiency of this process, given the short time frame, we recommend that applicants for commission appointments be required to confirm that they are available to attend all of the meetings, which will be set in advance, according to the schedule shown below. A total of six meetings, with a possible seventh meeting, of the commission would be held between February 2n1 (first meeting of the commission) and May 4. Meetings would be tentatively set for 4 — 6:30 pm on each of the days shown on the schedule. Consideration of Creation of a Charter Update Commission November 24, 2009 Page 4 A summary of the proposed schedule is shown below: November 24, 2009 �f a s f�� Council Gives Direction on Possible Commission December 8, 2009 Council Adopts Resolution Creating Commission, Identifying Issues to be Addressed, and Soliciting Applications; Mayor ntipq Council Subcommittee December 12, 2009 City Clerk Advertises for Applications for Appointment to Commission January.8, 2010 Application Period Closes January 11 —15, 2009 Council Subcommittee Conducts Interviews of Applicants January 26, 2009 Commission Appointed Februa 2, 2010 First Meeting of the Commission — Work Plan Discussed February 16 2009 Commission Meetin — Discuss Issues March 2, 2009 Commission Meeti — Discuss Issues March 16 2009 Commission Meeting —Discuss Issues April 6, 2009 Commission Meeting — Discuss Issues ri120, 2009 Commission Meeting — Action on Recommendations May 4, 2009 Commission meeting — Action on Recommendations (meeting held only if needed May 12 2009 Complete staff report for Council meeting of May 25 2009 May 25, 2009 Council study session: Present staff report with Commission recommendations to Council June 8, 2009 Council discussion and possible action on Resolutions on Ballot Measures June 22, 2009 Final Council discussion and adoption of Resolutions re Ballot Measures if action is not taken on June 8 Consideration of Creation of a Charter update Commission November 24, 2009 Page 5 Environmental Review Addressing procedural issues within city government Is not a project as defined in the California Environmental Quality Act (CEQA) implementing Guidelines. Public Notice Notice has been given consistent with the Ralph M. Brown Act. No other public notice is required by this item. Alternatives You may choose to: 1. Direct staff to proceed with preparing the documents necessary to create the commission and bring them back to the next meeting of the Council, or any future meeting; and 2. Direct staff as to which, if any, or what other issues you wish to have reviewed by a commission; and 3. Direct staff as to the timeline proposed; and 4. Reject the idea in its entirety; and 5. Give direction for any other approach to the issue you deem appropriate. Should you direct the creation of a commission, we will bring formative documents to you at the agenda directed by you.. CONCLUSION This matter is on your study session agenda for consideration and direction. We shall execute any direction you provide. Prepared and Submitted by: Submitted By: OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE By �. vid R. Hunt DaWKW City Attorney City Manager A Attachments: Attachment "A ": List of Possible Issues to Address 00sLW71 ewer update kmw - 2w9lio- f v24w cC mg CHARTER UPDATE: LIST OF POSSIBLE ISSUES TO ADDRESS RE CHANGES Page 1 Ci. City Manager Residency Reouirement: Charter section 501 requires that a City Manager become a resident of the City, As determined during the recent recruitment process, this requirement is raw inconsistent with federal law. C2. Redistricting Committee: Charter section 1005 requires the City Council This section has not been uniformly followed to appoint a committee to study and report and creates an administrative burden. on possible redistricting. Statewide redistricting takes place every ten years when the census results are published. it may be appropriate to clean-up this section to be consistent with current practice and statewide practice. [We should retain the obi8ty to redistrict after annexations.] C3. Tax tfmi Charter section 1107 sets limitations on the These limitations have been largely, if not - taxing autharity of the City. entirely, superseded by state law through Proposition 13 and Proposition 218 as well as other statewide initiative measures. Duplication of restrictions can cause confusion anda trap forthe onwa ry. C4. Sale of Bay EMnt Prooem: Charter section 1402 provides that Say Front Several times in the past the City has enacted property, except with limited exceptions, Charter amendments in order to allow for the cannot be sold. sale of Bay Front property. This procedure can be avoided simply by amending the prohibition to allow for the sale upon an affirmative vote of the electorate. CS. Gender Reference s Several sections of the Charter refer to the These references could be exchanged with the City Manager, City Attorney, City Cleric, person's title instead of a gender reference. Finance Director, department heads, "Chairmen," or qty Council as males. (Section Page 1 Page 2 500, 50% 502, 503, 504, 602, 603, 605, 606, 607, 608, 609 610, 611, 704. ^ s Ml. Contracting Author( N: - Charter section 1110 requires all Public Should the City revise this amount in light of Works' projects with total expenditures over the substantial increase of construction costs $30,000.110 go to formal bid. and then provide for adjustment based upon CPI? M2. Civil Service System: Charter sections 800 through 803 provide for Currently the City's Civil Service System Is a Civil Service System within the City and administered by the Citys Civil Service Board Ordinance 866, passed by the voters on that was created via ordinance adopted in _ November 4, 1958 (codified as Munkipal Code 1958 and has not been updated in over fifty - Chapter 2.24). years. The entire law governing pubic employment has changed dramatically in that time leaving some of the provisions of our system inconsistent With state and federal law (for example section 2.24.170 prohibiting political actives by employees is now unconstitutional based upon appellate case authority from the state and federal courts) and at least one requirement of the ordinance, the provision of appellate rights to candidates for original employment with the City, has been recommended for change by the Civii Service Board. These concerns may warrant a review and modernization of the system. M3. Ordinance Publication Requirements. Charter section 414 requires that an ordinance be published at least once in the Publication of ordinances in their entirety can be extremely expensive. State law - official newspaper. (Government Code section 36933) allows for summaries of ordinances to be published as a cost savings device. Page 2 Listing of Possible Issues 11.24.09 CC Mtg Page 3 M4. P blicatlon of Legal Notices: Charter section 419 requires the City Clerk to Annual bid process has not produced any go to bid annually for contracting out noticeable savings and has created a difficult publication of legal notices. administrative burden on the City Clerk's _ _ Office. M5. Time for Contractlne: - Charter section 420, with some exceptions, This requirement potentially limits the Cws restricts the length of time for municipal ability to enter into modern . financial contracting to not In excess of 25 years. transactions. M6. Franchise Procedures: Article X111 of the Charter creates franchising Franchising procedures are now governed by procedures and requirements. the municipal Code. Allowing for municipal code regulation of the procedures as opposed to Charter regulation provides for flexibility in a changing economic environment. M7. Centralized Purchasing Charter section 1106 requires the City to Centralized purchasing may work in some continue a process of centralized purchasing. cases, but not in all. Advances In technology and controls may make decentralized ' purchasing less expensive. �a- P1. A000fntmerd to Vacant Council Seat: Charter section 403 directs that vacancies on the Council shall be filled by appointment Does the Council wish to address this issue, either to clarify how this provision falls within . within thirty days, or set an election, and the term limits or to otherwise modify the appointee shall sit until the next general provisions? municipal election and his or her successor is qualified. Listing of Possible Issues 11.24.09 CC Mtg Page 3 ATTACHMENT 2 Consideration of Creation of a Charter Update Commission Proposed Resolution RESOLUTION NO. 2009- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CREATING A CHARTER UPDATE COMMISSION OF LIMITED DURATION AND FOCUSED JURISDICTION WHEREAS, the Charter of the City of Newport Beach was passed and adopted by the citizens of the City of Newport Beach effective January 7,1955; WHEREAS, substantial changes have occurred in the law since the approval and adoption of the Charter leaving some of its provisions outdated and unenforceable; WHEREAS, modem municipal govemment has moved forward in many ways to allow more efficiency in addressing the needs of the City and the Charter should not be an impediment to efficient municipal government; WHEREAS, it is appropriate to appoint a citizens' commission for review of Charter update and modernization issues in order to maximize the benefit to the City and its citizens and to move the work program for such an update and modernization forward in a limited period of time; WHEREAS, the Charter cannot be amended without a vote of the people; WHEREAS, the next general election currently scheduled in the County of Orange is on November 2, 2010 and its general election is the most cost efficient manner to bring issues to the voters of the City of Newport Beach and it is recommended that all necessary ballot measures that must be voted upon be forwarded to the County of Orange no later than June 28, 2009; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as de follows: Section 1: A Charter Update Commission is hereby created and enabled in order to carry out the tasks of updating the City of Newport Beach Charter and modernizing it in order to maximize the efficiency of municipal government. Section 2: The Commission shall be made up of seven members of the public appointed by the City Council. The City Council shall make an effort to appoint one member from each district of the City, but if there are no qualified applicants from any district that position can be filled by an applicant from another district. Section 3: The Commission is empowered and instructed to review the issues set forth on Exhibit "A" for the purpose of updating and modernizing the Charter. The Commission may also review the Charter and initiative enacted ordinances the City and make recommendations to the City Council for expanding the list of issues to be addressed. The Commission shall not, however, expend resources on pursuing issues that have not been approved for review by the City Council. Section 4: Due to the limited amount of time available, the work program for this effort, allowing for reasonable flexibility, shall proceed on the following schedule: December 8, 2009 i Council Adopts Resolution Creating Commission, Identifying Issues to be Addressed, and Soliciting Applications; Mayor ADDoints Council Subcommittee December 12, 2009 City Clerk Advertises for Applications for Appointment to Commission January 8, 2010 A l2lication Period Closes January 11 — 15, 2009 Council Subcommittee Conducts Interviews of Applicants January 26, 2009 Commission Appointed February 2, 2010 First Meeting of the Commission — Work Plan Discussed February 16, 2009 Commission Meeting — Discuss Issues March 2, 2009 Commission Meeting — Discuss Issues March 16, 2009 Commission Meeting — Discuss Issues April 6, 2009 Commission Meeting — Discuss Issues April 20, 2009 Commission Meeting — Action on Recommendations May 4, 2009 Commission meeting — Action on Recommendations (meeting held only if needed May 12, 2009 Complete staff report for Council meeting of May 25, 2009 May 25, 2009 Council study session: Present staff report with Commission recommendations to Council June 8, 2009 Council discussion and possible action on Resolutions on Ballot Measures June 22, 2009 Final Council discussion and adoption of Resolutions re Ballot Measures if action is not taken on June 8 Based upon this work program schedule, the Commission shall complete its final report to the City Council with the Commission's recommendations on or before May 4, 2010. The final report of the Commission shall be presented to the City Council at the Council's May 25"', 2010 Council meeting. The final report does not need to be unanimous. Minority opinions or reports may be presented on any given issue. Section 5: The Commission shall conduct its meetings consistent with the Ralph M. Brown Act (California Government Code sections 54950 et. seq.). A presiding officer shall be appointed to preside over the meetings of the Commission. The -3- Commission shall be supported by the City Manager's Office and the Office of the City Attorney. An analysis shall be provided to the Commission by staff on all issues being considered by the Commission and staff shall assist the Commission in preparing the majority report and recommendations. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of 2009. ATTEST: Leilani Brown, City Clerk Edward D. Selich, Mayor me CHARTER UPDATE: LIST OF ISSUES TO ADDRESS WARM, . IE I' v is t ,'t! u ry ORNMONIOLVIINKNOWAM ills C1. City Manager Residency Requirement: Charter section 501 requires that a City Manager become a resident of the City. As determined during the recent recruitment process, this requirement is now inconsistent with federal law. C2. Redistricting Committee: Charter section 1005 requires the City Council This section has not been uniformly followed to appoint a committee to study and report and creates an administrative burden. on possible redistricting. Statewide redistricting takes place every ten years when the census results are published. It may be appropriate to clean -up this section to be consistent with current practice and statewide practice. [We should retain the ability to redistrict after annexations.] C3. Tax Limits: Charter section 1107 sets limitations on the These limitations have been largely, if not taxing authority of the City. entirely, superseded by state law through Proposition 13 and Proposition 218 as well as other statewide initiative measures. Duplication of restrictions can cause confusion and a trap for the unwary. C4. Sale of Bay Front Property: Charter section 1402 provides that Bay Front Several times in the past the City has enacted property, except with limited exceptions, Charter amendments in order to allow for the cannot be sold. sale of Bay Front property. This procedure can be avoided simply by amending the prohibition to allow for the sale upon an affirmative vote of the electorate. C5. Gender References: Several sections of the Charter refer to the These references could be exchanged with the City Manager, City Attorney, City Clerk, person's title instead of a gender reference., Finance Director, department heads, "Chairmen," or City Council as males. (Section Page 1 MI. Contracting Authority. M2. Civil Service System: M3. Ordinance Publication Requirements 500, 501, 502, 56"4, 602, 603, 605, 606, 607. 608. 609. 610. 611. 704. Charter section 1110 requires all Public Works' projects with total expenditures over $30,000.00 go to formal bid. Charter sections 800 through 803 provide for a Civil Service System within the City and Ordinance 866, passed by the voters on November 4, 1958 (codified as Municipal Code Chapter 2.24). Charter section 414 requires that an ordinance be published at least once in the official newspaper. [AC-9-006731— List of Update Issues — 12.8.09 Page 2 Should the City revise this amount in light of the substantial increase of construction costs and then provide for adjustment based upon Currently the City's Civil Service System is administered by the City's Civil Service Board that was created via ordinance adopted in 1958 and has not been updated in over fifty years. The entire law governing pubic employment has changed dramatically in that time leaving some of the provisions of our system inconsistent with state and federal law (for example section 2.24.170 prohibiting political actives by employees is now unconstitutional based upon appellate case authority from the state and federal courts) and at least one requirement of the ordinance, the provision of appellate rights to candidates for original employment with the City, has been recommended for change by the Civil Service Board. These concerns may warrant a review and modernization of the Publication of ordinances in their entirety can be extremely expensive. State law (Government Code section 36933) allows for summaries of ordinances to be published as a cost savings device. (A09- 006731 — List of Updote Issues — 11.8.09 Page 3 M4. Publication of Legal Notices: Charter section 419 requires the City Clerk to Annual bid process has not produced any go to bid annually for contracting out noticeable savings and has created a difficult publication of legal notices. administrative burden on the City Clerk's Office. M5. Time for Contracting: Charter section 420, with some exceptions, This requirement potentially limits the City's restricts the length of time for municipal ability to enter into modern financial contracting to not in excess of 25 years. transactions. M6. Franchise Procedures: Article XIII of the Charter creates franchising Franchising procedures are now governed by procedures and requirements. the municipal code. Allowing for municipal code regulation of the procedures as opposed to Charter regulation provides for flexibility in a changing economic environment. M7. Centralized Purchasing: Charter section 1106 requires the City to Centralized purchasing may work in some continue a process of centralized purchasing. cases, but not in all. Advances in technology and controls may make decentralized ,purchasing less expensive. P1. Appointment to Vacant Council Seat: Charter section 403 directs that vacancies on the Council shall be filled by appointment Does the Council wish to address this issue, either to clarify how this provision falls within within thirty days, or set an election, and the term limits or to otherwise modify the appointee shall sit until the next general provisions? municipal election and his or her successor is qualified. P2. Review Mechanics of Restrictions on Oil Charter 1401 effectively provides that there is to be no new oil exploration, drilling, Consider ways to make these provisions more flexible in order to allow for modification of Drilling within the City: production, or refining in the City that was not existing drilling while not opening the City as a in existence at the effective date of the whole for new oil exploration or drilling. Charter or on the effective date of newly annexed properties. (A09- 006731 — List of Updote Issues — 11.8.09 Page 3 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.SS November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Hunt, City Attorney ext. 3131, dhuntoNewportBeachCA.gov Dave Kiff, City Manager ext. 4030, dkfflcD_NewnortBeachCA.gov SUBJECT: Consideration of Creation of a Charter Update Commission ISSUE: Does Council wish to create a commission to consider possible updates to the City Charter and to City Ordinances that have been adopted by initiative measure so that update measures can be placed on the November of 2010 ballot? RECOMMENDATION: Review the issues and give direction DISCUSSION: The City Charter was originally adopted effective January 7, 1955. The Charter is in effect the constitution of the City of Newport Beach. It governs and sets the parameters of all powers and regulation that occur within the City. While it has been periodically amended, there are currently provisions that are not consistent with California or United States laws. As such, it may be appropriate to appoint a citizens' commission to look at specific issues for possible update, clarification, and /or amendment to make them consistent with the current dictates of state and federal law and to modernize the Charter's dictates in order to make municipal government more efficient. In addition to Charter update, there are ordinances that have been passed by initiative measures that could be updated as well. For example portions of our Civil Service Ordinance are not enforceable under state and federal law. Those issues, and any other issue arising from the Civil Service Ordinance can be addressed by the citizens' commission, should the Council so direct. Should the Council wish to proceed in this manner we recommend that the scope of work for a citizens' commission be focused on a limited range of issues. The time between now and the last day to put an issue on the 2010 General Election is relatively short. Any city Consideration of Creation of a Charter Update Commission November 24, 2009 Page 2 measure must be adopted by an appropriate enabling resolution and forwarded to the County Clerk/Elections Official no later than June 28, 2010 for inclusion on the ballot. Working backwards, there is little more than six months in which a commission can be appointed, staff can research and analyze issues, the commission can discuss the issues, a report can be prepared by staff, and a final recommendation can be adopted by the City Council. As such, we recommend focusing the commission on issues of concern to the Council and providing a scheduled work program that can achieve the desired results within the limited time available. Charter Issues to Be Reviewed Staff has reviewed the Charter and various initiative measures that may be of interest to the Council for review. We have appended as Attachment "A" a listing of issues that has been developed. Some of the issues are simple and some are more complex. The listing is not intended to be comprehensive, or mandatory, in any way. You can choose to assign issues to the commission in any manner you wish and you can add to the issues listed if you desire. The number of issues you choose will simply affect the intensity of the process during the six months available. We also note that this list is not intended to be an exhaustive expression of issues that could be addressed. There may be many more issues worthy of consideration. We have attempted to focus on a set of issues that can be addressed in the limited time available for consideration. The Council may wish to direct consideration of other issues after having the issues listed in this report reviewed and addressed. The issues described in more detail in Attachment A have been placed, for convenience of discussion, into one of the following three categories: Category C: Clean -up (Those matters in which the Charter or initiative measures are inconsistent with existing law) Issues: 1. City Manager residency requirement 2. Redistricting committee 3. Tax limits 4. Sale of Bay front property S. Gender references Category M: Modernization and Efficiency (Those matters in which the Charter is not consistent with current municipal practice and in which efficiency in government can be achieved through modernization) Issues: 1. Contracting authority 2. Civil Service System 3. Ordinance publication requirements 4. Publication of legal notices Consideration of Creation of a Charter Update Commission November 24, 2009 Page 3 5. Time for contracting 6. Franchise procedures i. Centralized purchasing Category P: Policy changes Issues: 1. Appointment to vacant Council seat Proposed Process We have drafted a proposed timeline (shown below), to lay out a potential work plan for the project. In summary, the plan we recommend, should you direct that we engage in the effort, starts with adopting a resolution creating a Charter Update Commission and soliciting applications for participation on the commission. We then recommend that the final report of the Commission, with whatever recommendations it adopts, be finalized by May 4 and brought to the Council at the last meeting in May of 2010 in a study session. That deadline will allow the Council to review the recommendations and schedule final action on the matter in time for placing any issues on the ballot. We also recommend that the Council not require the commission's recommendations be unanimous, but instead allow for any dissenting portion of the commission to prepare a dissenting report. This approach will allow for the issues to move more quickly, a requirement that is necessary based upon the limited amount of time available for deliberations. We recommend that a commission be supported by the staff of the City. Staff would provide the commission with background information, analysis, and where appropriate, their recommendations based upon their professional experience, background, and training. We would recommend that the items for review and consideration by the Commission be clearly established by the Council so that the Commission understands the Council's interests and the limits of the Commission's purview. Additionally, given the limited time frame for this project, and the fact that capacity is limited in the organization for this new, but important endeavor, engaging an outside project manager is proposed. The City Manager will engage an individual to assist the City Attorney, City Manager and Commission in ensuring timely completion of the task. The anticipated cost of the contract project manager is $15,000. For efficiency of this process, given the short time frame, we recommend that applicants for commission appointments be required to confirm that they are available to attend all of the meetings, which will be set in advance, according to the schedule shown below. A total of six meetings, with a possible seventh meeting, of the commission would be held between February 2rd (first meeting of the commission) and May 4. Meetings would be tentatively set for 4 — 6:30 pm on each of the days shown on the schedule. Consideration of Creation of a Charter Update Commission November 24, 2009 Page 4 A summary of the proposed schedule is shown below: Y [. November 24, 2009 � 4 Council Gives Direction on Possible Commission December 8, 2009 Council Adopts Resolution Creating Commission, Identifying Issues to be Addressed, and Soliciting Applications; Mayor Appointing Council Subcommittee December 12, 2009 City Clerk Advertises for Applications for Appointment to Commission January 8, 2010 Application Period Closes January 11 —15, 2009 Council Subcommittee Conducts Interviews of Applicants January 26, 2009 Commission Appointed February 2, 2010 First Meeting of the Commission — Work Plan Discussed February 16, 2009 Commission Meeting — Discuss Issues March 2, 2009 Commission Meeting — Discuss Issues March 16, 2009 Commission Meeting —Discuss Issues A ril 6, 2009 Commission Meeting — Discuss Issues April 20, 2009 Commission Meeting — Action on Recommendations May 4, 2009 Commission meeting — Action on Recommendations (meeting held only if needed May 12, 2009 Complete staff report for Council meeting of May 25, 2009 May 25, 2009 Council study session: Present staff report with Commission recommendations to Council June 8, 2009 Council discussion and possible action on Resolutions on Ballot Measures June 22, 2009 Final Council discussion and adoption of Resolutions re Ballot Measures if action is not taken on June 8 Consideration of Creation of a Charter Update Commission November 24, 2009 Page 5 Environmental Review Addressing procedural issues within city government is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Public Notice Notice has been given consistent with the Ralph M. Brown Act. No other public notice is required by this item. Alternatives You may choose to: 1. Direct staff to proceed with preparing the documents necessary to create the commission and bring them back to the next meeting of the Council, or any future meeting; and 2. Direct staff as to which, if any, or what other issues you wish to have reviewed by a commission; and 3. Direct staff as to the timeline proposed; and 4. Reject the idea in its entirety; and 5. Give direction for any other approach to the issue you deem appropriate. Should you direct the creation of a commission, we will bring formative documents to you at the agenda directed by you. CONCLUSION This matter is on your study session agenda for consideration and direction. We shall execute any direction you provide. Prepared and Submitted by: Submitted By: OFFICE OF THE CITY ATTORNEY CITY MANAGER'S OFFICE B By David R. Hunt Da Kiff City Attorney City Manager Attachments: Attachment "A ": List of Possible Issues to Address (A09. 00673 1 C,haAer Update !sues- 2009110 - 11124109 CC Mfg CHARTER UPDATE: LIST OF POSSIBLE ISSUES TO ADDRESS RE CHANGES Page 1 M t .{��rvfk Ywx a;.v C3. City Manager Residency Requirement: Charter section 501 requires that a City As determined during the recent recruitment Manager become a resident of the City. process, this requirement is now inconsistent with federal law. C2. Redistricting Committee: Charter section 1005 requires the City Council This section has not been uniformly followed to appoint a committee to study and report and creates an administrative burden. on possible redistricting. Statewide redistricting takes place every ten years when the census results are published. It may be appropriate to clean -up this section to be consistent with current practice and statewide practice. [We should retain the ability to redistrict after annexations.] C3. Tax Limits: Charter section 1107 sets limitations on the These limitations have been largely, if not taxing authority of the City. entirely, superseded by state law through Proposition 13 and Proposition 218 as well as other statewide initiative measures. Duplication of restrictions can cause confusion and a trap for the unwary. C4. Sale of Bay Front Property: Charter section 1402 provides that Bay Front Several times in the past the City has enacted property, except with limited exceptions, Charter amendments in order to allow for the cannot be sold. sale of Bay Front property. This procedure can be avoided simply by amending the prohibition to allow for the sale upon an affirmative vote of the electorate. CS. Gender References Several sections of the Charter refer to the These references could be exchanged with the City Manager, City Attorney, City Clerk, person's title instead of a gender reference. Finance Director, department heads, "Chairmen," or City Council as males. (Section Page 1 Page 2 500, 501, 502, 503, 504, 602, 603, 605, 606, 607, 608, 609, 610, 611, 704. o k n" a ' a " ai dfi W' MI. Contracting Authority: Charter section 1110 requires all Public Should the City revise this amount in light of Works' projects with total expenditures over the substantial increase of construction costs $30,000.00 go to formal bid. and then provide for adjustment based upon CPI? M2. Civil Service System: Charter sections 800 through 803 provide for Currently the City's Civil Service System is a Civil Service System within the City and administered by the City's Civil Service Board Ordinance 866, passed by the voters on that was created via ordinance adopted in November 4, 1958 (codified as Municipal Code 1958 and has not been updated in over fifty Chapter 2.24). years. The entire law governing pubic employment has changed dramatically in that time leaving some of the provisions of our system inconsistent with state and federal law (for example section 2.24.170 prohibiting political actives by employees is now unconstitutional based upon appellate case authority from the state and federal courts) and at least one requirement of the ordinance, the provision of appellate rights to candidates for original employment with the City, has been recommended for change by the Civil Service Board. These concerns may warrant a review and modernization of the system. M3. Ordinance Publication Requirements. Charter section 414 requires that an Publication of ordinances in their entirety can ordinance be published at least once in the be extremely expensive. State law official newspaper. (Government Code section 36933) allows for summaries of ordinances to be published as a cost savings device. Page 2 Listing of Possible Issues 11.24.09 CC Mtg Page 3 M4. Publication of Legal Notices: Charter section 419 requires the City Clerk to Annual bid process has not produced any go to bid annually for contracting out noticeable savings and has created a difficult publication of legal notices. administrative burden on the City Clerk's Office. M5. Time for Contracting: Charter section 420, with some exceptions, This requirement potentially limits the City's restricts the length of time for municipal ability to enter into modern financial contracting to not in excess of 25 years. transactions. M6. Franchise Procedures: Article Xlll of the Charter creates franchising Franchising procedures are now governed by procedures and requirements. the municipal code. Allowing for municipal code regulation of the procedures as opposed to Charter regulation provides for flexibility in a changing economic environment. M7. Centralized Purchasing Charter section 1106 requires the City to Centralized purchasing may work in some continue a process of centralized purchasing. cases, but not in all. Advances in technology and controls may make decentralized purchasing less expensive. P1. Appointment to Vacant Council Seat: Charter section 403 directs that vacancies on Does the Council wish to address this issue, the Council shall be filled by appointment either to clarify how this provision falls within within thirty days, or set an election, and the term limits or to otherwise modify the appointee shall sit until the next general provisions? municipal election and his or her successor is qualified. Listing of Possible Issues 11.24.09 CC Mtg Page 3