HomeMy WebLinkAbout2010-16 - 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)