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Home My WebLink About2010-16 - Charter Update CommissionRESOLUTION NO. 2010 -16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 2009 -91 REGARDING THE MEMBERSHIP AND PURPOSE AND RESPONSIBILITIES OF THE CHARTER UPDATE COMMISSION WHEREAS, the City Council established the Charter Update Commission on December 8, 2009, through the adoption of Resolution No. 2009 -91; and WHEREAS, the membership of the Charter Update Commission includes seven (7) citizens of the community appointed by the City Council. 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; and WHEREAS, the purpose and responsibilities of the Charter Update Commission requires that the Commission members attend meetings on specific dates; and WHEREAS, the City Council wishes to amend the membership of the Charter Update Commission to also include a non - voting Council liaison and an alternate non - voting Council liaison; and WHEREAS, the City Council wishes to amend the purpose and responsibilities of the Charter Update Commission to allow for more flexibility in scheduling meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that 1. The Council hereby expands the membership of the Charter Update Commission to include a non - voting Council liaison and an alternate non - voting Council liaison, and amends the meeting attendance requirement, as reflected in Attachment A. 2. The Council hereby expands the list of issues to be addressed by the Charter Update Commission by adopting the Revised List of Issues attached as Attachment B to this resolution. ADOPTED this 26"' day of January, 2010. Keith D. Curry Mayor ATTES < A A, ; n Leilani I. Brown City Clerk Attachment A CHARTER UPDATE COMMISSION AUTHORIZATION: Established by Resolution No. 2009 -91, adopted on December 8, 2009; and amended by Resolution No. 2010 -16, adopted on January 26, 2010. MEMBERSHIP: The Commission shall consist of seven (7) citizens of the community appointed by the City Council. 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. 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 June 2010. PURPOSE & RESPONSIBILITIES: A. To consider possible updates to the City Charter and to City Ordinances that have been adopted by initiative measure so that updated measures can be placed on the November 2010 ballot. B. The Commission is empowered and instructed to review the issues approved by the City Council, may also review the Charter and initiative enacted ordinances 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 February 2, February 16, March 2, March 16, April 6, April 20, and May 4, 2010, or recommend alternative dates if unable to attend. Section I - Page 8 1 -27 -10 ATTACHMENT B CHARTER UPDATE: REVISED LIST OF ISSUES TO ADDRESS (Revised for January 26, 2010 Council Meeting) Page 1 1Tetafl Context ' bse" is 4 1Cl the Charter or Initiative Measure is Inconsistent with Existing Law. Cl._ 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 and Procedures: Charter section 1107 sets limitations on the These limitations and procedures have been taxing authority of the City. Charter section largely, if not entirely, superseded by state 1113 sets out procedures for enactment of a law through Proposition 13 and Proposition capital improvement tax. 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 500, 501, 502, 503, 504, 602, 603, 605, 606, 607, 608, 609, 610, 611, 704. Page 1 Moderniiatlo» an fi'lclencw Those matters in which the Charter is not consistent with current municipal practice and efNcieney in ov rn a t. a i . e thMygh.Modernization. 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 Requirement: 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. 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. [A 0-9-00673)— Revised - ust of update Issues — 1126110 CC mtg Page 2 M5. M6. Franchise Procedures: M7. Centralized Purchasing: M8. Misdemeanor Penalties: P1. P2. Review Mechanics of Restrictions on Oil Drilling within the City: Charter section 420, with some exceptions, restricts the length of time for municipal contracting to not in excess of 25 years. Article XIII of the Charter creates franchising procedures and requirements. Charter section 1106 requires the City to continue a process of centralized purchasing. Charter section 1404 limits misdemeanor penalties to $1,000 and /or six months imprisonment. Charter section 403 directs that vacancies on the Council shall be filled by appointment within thirty days, or set an election, and the appointee shall sit until the next general municipal election and his or her successor is qualified. Charter 1401 effectively provides that there is to be no new oil exploration, drilling, production, or refining in the City that was not in existence at the effective date of the Charter or on the effective date of newly annexed properties. (A09- 006731— Revised -List of update Issues - 1126110 CC mtg Page 3 This requirement potentially limits the City's ability to enter into modern financial transactions. Franchising procedures are now governed by the municipal code. Allowing for municipal code regulation of the procedures as opposed to Charter regulation provides for flexibility in a changing economic environment. Centralized purchasing may work in some cases, but not in all. Advances in technology and controls may make decentralized purchasing less expensive. Currently this provision is consistent with the California Penal Code. It may be helpful to amend it with general language that allows for the penalties to be raised so long as they do not exceed those provided by California law. Does the Council wish to address this issue, either to clarify how this provision falls within term limits or to otherwise modify the provisions? Consider ways to make these provisions more flexible in order to allow for modification of existing drilling while not opening the City as a whole for new oil exploration or drilling. STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2010 -16 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 26th day of January, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of January, 2010. L� bwm_�- City Clerk Newport Beach, California (Seal)