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Home My WebLink About2009-91 - Charter Update CommissionRESOLUTION NO. 2009-91 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changes have occurred in the law since the approval and adoption of the Charter leaving some of its provisions outdated and unenforceable; WHEREAS, modem municipal government has moved forward in many ways to allow more efficiency in addressing the needs of the City and the Charter should not be 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 the vote of a 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 matter 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 late than June 28, 2009; 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 cant' 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 of 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: Date Action. 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 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 25th, 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 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. 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 25th, 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 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 certil ADOPTED this 8"' day of December, ATTEST: %w`y '� Leilani Brown City Clerk toy C �creopN�� Mayor Exhibit A [A09-006731 Charter Update Issues - 2009110 - M &CC from DRH 12.08.09 CC Mt Issue Detail Context Clean -Up: Those matters in which the Charter or Initiative Measure is Inconsistent with Existing Law. C1. City Manager Residency Charter section 501 requires that a City Manager become a As determined during the recent recruitment process, this Requirement: resident of the City. requirement is now inconsistent with federal law. C2. Redistricting Committee: Charter section 1005 requires the City Council to appoint a This section has not been uniformly followed and creates committee to study and report 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 These limitations have been limitations on the taxing largely, if not entirely, authority of the City. 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 property, except Several times in the past the City has enacted Charter with limited exceptions, cannot amendments in order to allow for be sold. the 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 These references could be refer to the City Manager, City exchanged with the person's title Attorney, City Clerk, Finance instead of a gender reference. Director, department heads, "Chairmen," or City Council as males. (Section 500, 501, 502, 503, 504, 602, 603, 605, 606, 607, 608, 609, 610, 611, 704. Modernization and Efficiency: Those matters in which the Charter is not consistent with current M1. Contracting Authority: M2. Civil Service System: M3. Ordinance Publication Requirements. 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. Should the City revise this amount in light of the substantial increase of construction costs and then provide for adjustment based upon CPI? 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. M4. Publication of Legal Charter section 419 requires the Annual bid process has not Notices: City Clerk to go to bid annually produced any noticeable savings for contracting out publication and has created a difficult of legal notices. administrative burden on the City Clerk's Office. M5. Time for Contracting: Charter section 420, with some This requirement potentially exceptions, restricts the length limits the City's ability to enter of time for municipal contracting into modern financial to not in excess of 25 years. transactions. M6. Franchise Procedures: Article XIII of the Charter creates Franchising procedures are now franchising procedures and governed by the municipal code. requirements. 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 Centralized purchasing may work the City to continue a process of in some cases, but not in all. centralized purchasing. Advances in technology and controls may make decentralized purchasing less expensive. Policy: Those matters in the Charter that may warrant a review and update for policy reasons. P1. Appointment to Vacant Charter section 403 directs that vacancies on the Council shall be Does the Council wish to address this issue, either to clarify how Council Seat: filled by appointment within this provision falls within term thirty days, or set an election, limits or to otherwise modify the and the appointee shall sit until provisions? the next general municipal election and his or her successor is qualified. P2. Review Mechanics of Charter 1401 effectively Consider ways to make these Restrictions on Oil Drilling within provides that there is to be no provisions more flexible in order the City: new oil exploration, drilling, to allow for modification of production, or refining in the existing drilling while not opening City that was not in existence at the City as a whole for new oil the effective date of the Charter exploration or drilling. or on the effective date of newly annexed properties. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -91 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of December, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of December, 2009. y4v�� City Clerk Newport Beach, California (Seal) void, m