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Home My WebLink About2012-32 - Create Charter Update CommitteeRESOLUTION NO. 2012 -32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CREATING A CHARTER UPDATE COMMITTEE 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 committee 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 Committee 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 Committee 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 Committee shall also be comprised of a non - voting Council liaison and an alternate non - voting Council liaison. SECTION 4. The full description of the Committee is set forth in Exhibit 1, which is incorporated by reference. SECTION 5. The Committee is empowered and instructed to review the issues set forth on Exhibit 2 for the purpose of updating and modernizing the City Charter. The Committee may also review the City Charter and make recommendations to the City Council for expanding the list of issues to be addressed. The Committee 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 Committee, 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 Committee May 21, 2012 Application Period Closes at 10:00 a.m. May 22, 2012 Committee Appointed May 24, 2012 First Meeting of the Committee —Work Plan Discussed and Discuss Issues May 31, 2012 Committee Meeting — Discuss Issues June 7, 2912 Committee Meeting — Discuss Issues June 14, 2012 Committee Meeting — Discuss Issues June 21, 2012 Committee Meeting — Discuss Issues June 28, 2012 Committee Meeting — Action on Recommendations July 5, 2012 Committee 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 Committee 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 Committee shall complete its final report to the City Council with the Committee's recommendations on or before July 5, 2012. The final report of the Committee 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 Committee 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 Committee. The Committee shall be supported by the City Manager's Office, City Attorney's Office, and City Clerk's Office. Staff shall assist the Committee 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 81" day of May, 2012. ATTEST: 11ajti�' P, Leilani I. Brown City Clerk Nancy Gardner Mayor AUTHORIZATION: Established by Resolution No. 2012 -32, adopted on May 8, 2012. MEMBERSHIP: The Committee 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 Committee shall also include a non - voting Council liaison and liaison alternate. TERM: This will be a short -term obligation, as the Committee 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 Committee 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 Committee shall not, however, expend resources on pursuing issues that have not been approved for review by the City Council. D. The Committee 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 Committee, 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 against public agencies. 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. 2012 -32 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 8" day of May, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9" day of May, 2012. 4&k , %� City Clerk ' Newport Beach, California (Seal)