HomeMy WebLinkAboutPOWERPOINT PRESENTATION - 65ACity Manager’s Office65A: Charter ReviewJune 16, 2020Slide 1Charter Review
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 2Introduction
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 3• At the June 2, 2020 City Council meeting, the City Manager provided a presentation outlining the 17 proposed Charter amendments and five discussion topics for additional Charter amendments• The City Council continued the item for two weeks.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 4• Staff met with the additional councilmembers to review in detail the proposed Charter amendments• At the request of a majority of the Ad Hoc Committee, on June 12, 2020 staff shared a Nixlemessage to seek input relating to the proposed Charter amendments– Information regarding the Charter update, including a web form, was added to the website on March 19, 2020
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 5• Staff received six responses
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 6What problem are you trying to solve?• General feedback• Influence from employee bargaining groups• Make-up of the City Council
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 7Ideate: share your ideas.• Campaign contribution limits• Term limits• City Council make-up• Employee relations
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 8Options
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 91. Concur with the Ad Hoc Charter Review Committee regarding the proposed Charter amendments 1 through 17; orReview the proposed Charter amendments 1 through 17 and direct staff to prepare revised proposed Charter amendments as discussed; and2. Review proposed Charter amendment topics A though E and direct staff to prepare revised proposed Charter amendments as discussed; and3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for the November 3, 2020 General Election.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 10Questions?
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 11Overview of Charter Amendments and Discussion Topics
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 12• The current City Charter was adopted by the voters in 1952. The Charter has been amended several times since then, most recently in 2018.• In January 2020, Mayor Pulido created an Ad Hoc Committee to review the Charter and make recommendations to the full City Council with proposed Charter amendments. • Councilmembers Bacerra, Penaloza, and Solorio served on the Ad Hoc Committee. The Ad Hoc Committee met 11 times.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 13• The Ad Hoc Charter Review Committee recommends 17 Charter amendments.• Additionally, the Ad Hoc Committee presents five outstanding topics for discussion.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 14Proposed Charter Amendments
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 15Charter Amendment #1•Section 400:Number, Selection and Term of Members•Purpose/Reason for Amendment:Clarifies when new councilmembers are sworn in
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 16Charter Amendment #2•Section 401.05 : Code of Ethics and Conduct•Purpose/Reason for Amendment:Clarifies the applicability of the Code of Ethics and Conduct to include, in addition to elected officials (City Council, members of boards, commissions, and committees), appointed officials (City Attorney, City Manager, Clerk of Council), and Executive Management Team(Police Chief and directors of all City departments); outlines process for reporting Code of Ethics violations
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 17Charter Amendment #3•Section 404:Presiding Officer, Mayor•Purpose/Reason for Amendment:Moves term limit provisions from this section to Section 401.01 (new)
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 18Charter Amendment #4•Section 405:Mayor Pro Tem•Purpose/Reason for Amendment:Clarifies when the selection of the mayor pro tem shall occur
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 19Charter Amendment #5•Section 406:Council Judge of Elections and Qualifications of Members•Purpose/Reason for Amendment:Adds “or at a special meeting”
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 20Charter Amendment #6•Section 413: Adoption (Ordinances)•Purpose/Reason for Amendment:Adds “resolutions” to title; clarifies effective date and who can sign, and provides that ordinances amended after the first reading must be re-introduced to be consistent with state law
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 21Charter Amendment #7•Section 609:Budget Appropriations•Purpose/Reason for Amendment:Removes the two-thirds vote requirement for budget appropriations
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 22Charter Amendment #8•Section 613:Claims—Formalities; Treasury Warrants•Purpose/Reason for Amendment:Staff recommends revising this section to streamline the process for paying invoices. The prescribed process in the Charter is outdated.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 23Charter Amendment #9•Section 1000:Civil Service System•Purpose/Reason for Amendment:Revises equal opportunity provisions; adds “with concurrence of the City Council” relating to any recommendations for changes to the civil service rules by the Personnel Board
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 24Charter Amendment #10•Section 1002:Civil Service and Excepted Service•Purpose/Reason for Amendment:Administrative clean-up; revisions to ensure compliance with CalPERS rules and other applicable laws and regulations
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 25Charter Amendment #11•Section 1010:Prohibitions•Purpose/Reason for Amendment:Updates anti-discrimination provision and adds a provision requiring that the City Council adopt an anti-nepotism policy
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 26Charter Amendment #12•Section 1011:Contract for Performance of Administrative Functions•Purpose/Reason for Amendment:Changes “personnel” to “human resources”
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 27Charter Amendment #13•Section 1014:Work Stoppages•Purpose/Reason for Amendment:Removes this section in its entirety to comply with State law
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 28Charter Amendment #14•Section 1208: Enforcement•Purpose/Reason for Amendment:Allows that the City to contract with a State or County entity to enforce the campaign contribution provisions of the Charter
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 29Charter Amendment #15•Section 1400:Employees’ Retirement System•Purpose/Reason for Amendment:Revisions to be consistent with revisions in Section 1002 (Civil Service and Excepted Service)
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 30Charter Amendment #16•Sections: [various]•Purpose/Reason for Amendment:Replaces gender-specific language with gender-neutral language
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 31Charter Amendment #17•Sections: [various]•Purpose/Reason for Amendment:Replaces "clerk of the council" with "city clerk"
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 32Proposed Charter Amendment Topics for Discussion
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 33Charter Amendment Topic A•Proposed Charter amendment– Section 401: Qualification of Members•Purpose/Reason for amendment– Revises the residency requirements for mayor and councilmember, and adds procedures to confirm residency. Moved term limit provisions from this section to Section 401.01 (new)•Notes– The Ad Hoc Charter Review Committee recommends that this item, including the attached redline changes, be discussed by the City Council.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 34Charter Amendment Topic B•Proposed Charter amendment– Section 401.01 (new): Term Limits•Purpose/Reason for amendment– Restates the term limits for mayor and councilmembers already set forth in Charter Sections 401 and 404. Three issues are being analyzed and further reviewed. These issues are: 1. Whether to impose a lifetime ban2. Whether to remove the term “consecutive”3. Whether to remove the cooling off period•Notes– The Ad Hoc Charter Review Committee members individually provided their recommendations regarding term limits (including a lifetime ban, removal of the word “consecutive,” and removal of the cooling off period provision) and is asking whether the City Council supports these recommendations.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 35Charter Amendment Topic C•Proposed Charter amendment– Section 1206: Campaign Contribution Limitation•Purpose/Reason for amendment– Revises provisions to increase transparency•Notes– The Ad Hoc Charter Review Committee added a provision that would apply to developers, their principals or owners with pending Significant Planning Entitlements and a definition of “person” consistent with the Political Reform Act.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 36Charter Amendment Topic D•Proposed Charter amendment– Section 1206.01 (new): Required Disclosures•Purpose/Reason for amendment– Adds campaign finance disclosure requirements in addition to those required by the FPPC•Notes– The purpose of this section is to supplement the required disclosures pursuant to the Political Reform Act and to increase transparency regarding campaign contributions to City elected officials, candidates for City elective office, their campaign committees, and other committees formed to support or oppose ballot measures or candidates within the City of Santa Ana.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 37Charter Amendment Topic E•Proposed Charter amendment– Public Works•Purpose/Reason for amendment– PWA recommends that the following topics be incorporated into the Charter:• Local Preference• Exemption from the State’s Public Contract Code• Update the definition of “public works construction”• Change “lowest and best bidder” to “lowest responsible bidder”• “alternate project delivery systems” procurement, such as “design-build”•Notes– The Public Works Agency presented the Ad Hoc Charter Review Committee with items for consideration. All of these items are discussed in the municipal code. The City Council may want to consider reviewing and updating the corresponding sections of the municipal code.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 38Timeline
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 39•June 2, 2020– Review and discuss proposed Charter amendments from Ad Hoc Committee– Provide direction to staff to return to the City Council•By no later than July 21, 2020– Adopt a resolution:• Approving the final Charter amendments to submit to the voters• Calling for the election• Authorizing the filing direct arguments• Authorizing the City Attorney to prepare an impartial analysis and fiscal impact
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 40Options
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 411. Concur with the Ad Hoc Charter Review Committee regarding the proposed Charter amendments 1 through 17; orReview the proposed Charter amendments 1 through 17 and direct staff to prepare revised proposed Charter amendments as discussed; and2. Review proposed Charter amendment topics A though E and direct staff to prepare revised proposed Charter amendments as discussed; and3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for November 3, 2020 General Election.
City Manager’s Office65A: Charter ReviewJune 16, 2020Slide 42Questions?