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HomeMy WebLinkAbout12 - Charter Update CommissionQ SEW PORT O bm i M CgUFp0.N�P TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 12 May 8, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3002, dkiff[canewportbeachca.gov City Attorney's Office Aaron Harp, City Attorney 949 - 644 -3131, aharp(a)newportbeachca.gov City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, Ibrown(5newportbeachca.gov APPROVED: TITLE: CREATION OF A CHARTER UPDATE COMMISSION ABSTRACT: The City's Charter was amended by the residents of the City of Newport Beach at the 2010 General Municipal Election. Since the last amendment, additional Charter sections have been identified for possible amendment. RECOMMENDATION: a) Adopt Resolution No. 2012 -32 creating a Charter Update Commission that will be charged with reviewing the Charter for possible amendment and making a recommendation to the City Council; b) Waive Subsection C of City Council Policy A -2 that requires the Ad Hoc Appointments Committee to recommend potential Charter Update Commission members to the full City Council two weeks prior to appointment; c) Confirm Mayor Nancy Gardner's appointment of Mayor Nancy Gardner, Council Member Mike Henn, and Council Member Steven Rosansky to serve on the Ad Hoc Appointments Committee to review applications and make Creation of a Charter Update Commission May 8, 2012 Page 2 recommendations to the full Council for membership on the Charter Update Commission; and d) Direct the City Clerk to post and publish a Request for Applications for the Charter Update Commission requesting that applications be submitted by 10:00 a.m. on Monday, May 21, 2012 for appointment on May 22, 2012. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City Charter was originally adopted effective January 7, 1955. It is in effect the constitution of the City of Newport Beach, and governs and sets the parameters of all powers and regulations that occur within the City. While it has been periodically amended, there are still provisions that may be amended to make City government more efficient and cost effective. As such, it may be appropriate to appoint a citizen commission to look at specific issues for possible update, clarification and /or amendment. If it is the desire of the City Council to proceed in this manner, staff recommends that the scope of work for the citizen commission be focused on a limited range of issues since the timeline between now and the last day to put an issue on the 2012 General Municipal Election is short. Any local measure must be adopted by the appropriate enabling resolutions and forwarded to the Orange County Registrar of Voters no later than August 10, 2012 for inclusion on the ballot. Working backwards from August 10, there is little more than 8 weeks from the date the commission members are appointed (May 22, 2012), staff can research and analyze the issues, the commission can discuss the issues, a report can be prepared by staff, a final recommendation can be generated by the City Council (July 10, 2012), and the 2012 General Municipal Election is called (July 24, 2012). City Council Policy A -2, Subsection C, requires that the Ad Hoc Appointments Committee bring forward a list of nominees two weeks prior to appointments being conducted. Following this process will decrease the already strict timeline, so staff recommends the City Council waive Subsection C of City Council Policy A -2 to allow appointments at the May 22, 2012 City Council meeting. A Request for Applications will be advertised and applications accepted until 10:00 a.m. on Monday, May 21, 2012. Once the final appointments are made by the City Council, the Ad Hoc Appointments Committee will be dissolved. Creation of a Charter Update Commission May 8, 2012 Page 3 Resolution No. 2012 -32 establishes the Membership, and Purpose and Responsibilities for the Charter Update Commission. It is being proposed that the Commission be comprised of seven (7) citizens appointed by the City Council and that the Mayor appoint a non - voting Council liaison and alternate non - voting Council liaison in order to answer any questions the Commission may have and to facilitate the meetings. The liaison appointments will also be made at the May 22, 2012 City Council meeting. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: DaW Kiff City Manager Submitted by: A n Aaron Harp City Atrorney Attachments: A. Request for Applications B. Resolution No. 2012 -32 Submitted by: 40 , p- -- Leilani I Brown, INMC City Clerk Creation of a Charter Update Commission May 8, 2012 Page 4 ATTACHMENT A REQUEST FOR APPLICATIONS On May 8, 2012, the Newport Beach City Council approved the formation of the Charter Update Commission and directed the City Clerk to accept applications until 10:00 a.m. on Monday, May 21, 2012. The Commission will consider possible updates to the City Charter that can be placed on the November 6, 2012 ballot. The Commission is empowered and will review issues approved by the City Council, and may also review the City Charter for expanding the list of issues to be addressed. The Commission shall not, however, expend resources on issues that have not been approved for review by the City Council. The Commission will be comprised of seven members of the public appointed by the City Council. The City Council will 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 may be filled by an applicant from another district. The Commission members shall make every effort to attend meetings on May 24, May 31, June 7, June 14, June 21, June 28, July 5, 2012, or other dates scheduled by the Commission. The City is seeking Newport Beach residents interested in volunteering to serve on the Commission. This is a short-term obligation, as the Commission is currently scheduled to complete its work by July 2012. The application and additional information are available at the City Clerk's Office, 3300 Newport Boulevard, or can be sent to you by calling 949 - 644 -3005. The application and information can also be accessed through the City's website at www.newportbeachca.gov (City Government > Boards, Commissions & Committees). The deadline for filing applications is 10:00 a.m. on Monday, May 21, 2012. Appointments will be made at the May 22, 2012 City Council meeting. ATTACHMENT B RESOLUTION NO. 2012 -32 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, the City's Charter was amended by the residents of the City of Newport Beach at the 2010 General Municipal Election. Since the last amendment, additional Charter sections have been identified for possible amendment; WHEREAS, since the last Charter amendment, additional Charter sections have been identified for possible amendment; WHEREAS, it is appropriate to appoint a citizens commission to review the City Charter for 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; and WHEREAS, the City Charter cannot be amended without the vote of the people; WHEREAS, the next general municipal election currently scheduled in the County of Orange is on November 6, 2012 and its general municipal 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 August 10, 2012. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1. A Charter Update Commission is hereby created and enabled in order to carry out the tasks of reviewing the City of Newport Beach Charter for possible amendment to maximize the efficiency of municipal government. SECTION 2. The Commission shall be made up of seven (7) members of the public appointed by the City Council. The City Council shall make an effort to appoint one (1) 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 shall also be comprised of a non - voting Council liaison and an alternate non- voting Council liaison. SECTION 4. The full description of the Commission is set forth in Exhibit 1, which is incorporated by reference. SECTION 5. The Commission is empowered and instructed to review the issues set forth on Exhibit 2 for the purpose of updating and modernizing the City Charter. The Commission may also review the City Charter 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 6. Due to the limited amount of time available, the work program for this effort, allowing for reasonable flexibility, shall proceed on the following schedule: Date Action May 8, 2012 Council Adopts Resolution Creating Commission, Identifying Issues to be Addressed, and Soliciting Applications; Mayor Appointing Council Subcommittee May 9, 2012 — May 21, 2012 City Clerk Advertises for Applications for Appointment to Commission May 21, 2012 Application Period Closes at 10:00 a.m. May 22, 2012 Commission Appointed May 24, 2012 First Meeting of the Commission —Work Plan Discussed and Discuss Issues May 31, 2012 Commission Meeting — Discuss Issues June 7, 2912 Commission Meeting — Discuss Issues June 14, 2012 Commission Meeting — Discuss Issues June 21, 2012 Commission Meeting — Action on Recommendations July 5, 2012 Commission meeting — Action on Recommendations (meeting held only if needed July 6, 2012 Complete staff report for Council meeting of July 10, 2012 July 10, 2012 Council study session: Present staff report with Commission recommendations to Council. Council discussion and possible action on Resolutions on Ballot Measures July 24, 2012 Final Council discussion and adoption of Resolutions regarding Ballot Measures Based on this work program schedule, the Commission shall complete its final report to the City Council with the Commission's recommendations on or before July 5, 2012. The final report of the Commission shall be presented to the City Council at the July 10, 2012 meeting. The final report does not need to be unanimous. Minority opinions or reports may be presented on any given issue. SECTION 7: 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 Commission shall be supported by the City Manager's Office, City Attorney's Office, and City Clerk's Office. Staff shall assist the Commission in preparing the majority report and recommendations. SECTION 7. 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 8th day of May, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk EXHIBIT 1 CHARTER UPDATE COMMISSION AUTHORIZATION: Established by Resolution No. 2012 -32, adopted on May 8, 2012. MEMBERSHIP: The Commission shall consist of seven (7) citizens of the community appointed by the City Council. The City Council shall make an effort to appoint one (1) member from each district of the City, but if there are no qualified applicants from any district that position may be filled by an applicant from another district. The Commission shall also include a non - voting Council liaison and liaison alternate. TERM: This will be a short -term obligation, as the Commission is currently scheduled to complete its work by July 2012. PURPOSE & RESPONSIBILITIES: A. To consider possible updates to the City Charter so that an updated measure can be placed on the November 2012 ballot. B. The Commission is empowered and instructed to review the issues approved by the City Council, may also review the City Charter and make recommendations to the City Council for expanding the list of issues to be addressed. C. The Commission shall not, however, expend resources on pursuing issues that have not been approved for review by the City Council. D. The Commission members shall make every effort to attend meetings on May 24, May 31, June 7, June 14, June 21, June 28, July 5, 2012, and other dates scheduled by the Commission, or recommend alternative dates if unable to attend. Section I - Page 8 05 -08 -2012 EXHIBIT 2 There are a number of Charter Sections identified for non - substantive clean up revisions, including, but not necessarily limited to, Sections 103, 105, 106, 200, 413, 504, 505, 507, 603, 605, 700, 703, 705, 707, 710, 1106, 1115, 1116, 1200, 1201, 1303, and 1400. The more substantive proposed revisions are provided below: Section 402 (Compensation.) This section is proposed to be revised to collapse existing Section 402 B and a part from Section 404 into one section that re- classifies the "reimbursement' received by Council Members as "compensation" to reflect current terminology. Section 402 B (Reimbursement for As explained above, this section is Expenses.) proposed to be removed and included in Section 402. Section 404 (The Mayor. Mayor Pro As explained above, the provision within Tempore.) this section that relates to Mayoral allowance is proposed to be removed and included in Section 402. Section 407 (Regular Meeting.) This section is proposed to be amended to reflect current practices and allow for the efficient operation of City government in accordance with State law. Section 408 (Special Meetings.) This section is proposed to be amended to reflect current practices and allow for the efficient operation of City government in accordance with State law. Section 409 (Place of Meetings.) This section is proposed to be amended to reflect current practices and allow for the efficient operation of City government in accordance with State law. Section 412 (Adoption of Ordinances and This section is proposed to be amended to Resolutions.) allow for the efficient operation of City government in accordance with State law. Section 418 (Ordinances. Amendment.) This section is proposed to be amended to conserve City resources and allow for the efficient operation of City government. Section 421 (Contracts. Execution.) This section is proposed to be amended to provide greater clarity and to reflect current practices. Section 503 (Compensation and Bond.) This section is proposed to be amended to conserve City resources and remove an antiquated bonding requirement. Section 602 (City Attorney. Powers and This section is proposed to be amended to Duties.) provide guidance in Charter interpretations. Section 608 (Illegal Contracts. Financial This section is proposed to be amended to Interest. ) more closely track State law. Section 609 (Acceptance of Other Office.) This section is proposed to be amended to more closely track State law. Section 611 (Official Bonds.) This section is proposed to be removed to conserve City resources and remove an antiquated bonding requirement. Section 702 (Appointment. Terms.) This section is proposed to be amended as part of the City's current effort to reform and streamline the City's boards, commissions, and committees. Section 704 (Meetings. Chairperson.) This section is proposed to be amended as part of the City's current effort to reform and streamline the City's boards, commissions, and committees. Section 708 (Board of Library Trustees. This section is proposed to be amended to Powers and Duties.) reflect current practices and allow for the efficient operation of City government. Section 709 (Parks, Beaches and This section is proposed to be amended to Recreation Commission. Powers and reflect current practices and allow for the Duties. ) efficient operation of City government. Section 801 (Positions Included in the This section is proposed to be amended to System.) remove management level employees from the Civil Service System. Section 1114 (Claims and Demands.) This section is proposed to be amended in response to a recent case from Los Angeles regulating class action lawsuits a ainst public agencies. Brown, Leilani From: Denys Oberman [dho @obermanassociates.com) Sent: Tuesday, May 08, 2012 5:16 PM To: Kiff, Dave; Nancy Gardner; Harp, Aaron; Mike Henn; Curry, Keith; parandigm @aol.com; Hill, Rush; Daigle, Leslie Cc: Brown, Leilani Subject: PROPOSAL TO AMEND CITY CHARTER Importance: High "RE�.EI�1C ER AGENDA 1� Sensitivity: Confidential PLEASE DISTRIBUTE AT TONIGHT'S COUNCIL MEETING AND ENTER INTO PUBLIC RECORD Mayor and Council Members: I appreciate that staff is endeavoring to streamline the city organization and decision - making process. However, the proposal on the table does not provide adequate public disclosure and opportunity for review and testimony. The proposed approach likely places any appointment or decision made under this umbrella in jeopardy of being construed as, Noncompliant with the Brown Act. Additionally, as a matter of duty and good faith to constituents, the City should provide adequate disclosure and opportunity for the public to be made aware of, and review ,comment on appointments. The Council itself will want adequate opportunity to carefully review and develop a position concerning appointments, including both public input and Council member diligence. The City's Charter already affords very broad authority with little checks and balances to the City Council. We respectfully request that the City Council not approve the proposal, and comply with provisions already in place concerning review and appointments. Thank you. Denys OBERMAN muimrimurmunniurrurrnarauirmruamnuunurnaainmm�iauumuuruaruninuiruuuau Regards, Denys H. Oberman, CEO NOBERMAN OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. EE;. "RECEIVE AFTERAGENDA � Harris. Lillian , From: Brown, Leilani Sent: Tuesday, May 08, 2012 3:52 PM To: Harris, Lillian Subject: FW: CREATION OF A CHARTER UPDATE COMMISSION - For entry in Public Record From: Laura Curran fmailto:lauracurran()me.coml Sent: Tuesday, May 08, 2012 3:49 PM To: Dept - City Council Cc: Kiff, Dave; Harp, Aaron; Brown, Leilani Subject: CREATION OF A CHARTER UPDATE COMMISSION - For entry in Public Record Attn: City Clerk: Please enter in Public Record. Thank you Laura Curran Dear Council Members: If the Council desires to update the City Charter, and appoint a Charter Update Commission to review proposed changes, it is within its prerogative. The Staff Report also recommends that the Council "Waive Subsection C of City Council Policy A -2 that requires the Ad Hoc Appointments Committee to recommend potential Charter Update Commission members to the full City Council two weeks prior to appointment" This would be a mistake and bad faith with the public. City Council should follow the standard timeframe in which the Ad Hoc Appointments Committee recommends potential Charter Update Commission members to the full City Council two weeks prior to appointment. If applications are accepted up until Monday, May 21, 2012 for appointment on May 22, 2012, several negative impacts result: Limited Council Review of Applicants 1) eliminates the opportunity for the Ad Hoc Review Committee to interview applicants, or to ask any clarifying questions regarding qualifications. This will likely narrow the pool of applicants to those applicants whom the Council Members already know. This creates doubt in the Public's mind about Council's commitment to transparency and consistent application of City policies. It reduces the willingness of qualified people who are less known to Council to apply for participation in Committees and Commissions, reducing the range of voices and perspectives considered. Public Review 2) The Public will not have an opportunity to see published a list of applicants, or hear those names read at a Council Meeting in advance. Need for Speed 3) The Staff Report states that with the accelerated Appointment Date "staff can research and analyze the issues, the commission can discuss the issues, a report can be prepared by staff, a final recommendation can be generated by the City Council (July 10, 2012), and the 2012 General Municipal Election is called (July 24, 2012)." Staff can begin to research the issues NOW if directed by Council and provide briefings to Members of the Charter Update Commission as soon as they are appointed in June, if the standard timeframes are followed. Further, in assessing applicants to the Commission, the Council Members of the Ad Hoc Committee can consider the applicant's familiarity with the City Charter as part of the selection criteria. Modification of Policy without Review 4) This proposal would 1) waive a City Policy without review in 2 Council meetings, so it essentially creates a new policy without the review and public hearing process usually in place. Then it moves forward immediately to implement actions based on that waiver. So it's a one -two punch, in which a policy is changed and action is immediately taken, which runs counter to the intent of the existing policy. This action follows the Council's move to waive the Policy to appoint PLANNING COMMISSION members earlier this year. These waivers are starting to look like SOP, and an end -run around City Policies which are carefully considered and discussed in public by Council Members, Staff, and the Public. Thank you Laura Curran Newport Beach, CA z