City Council
MEETING DATE: 4/13/2016
TITLE:
Title
Draft City Charter
End
FROM:
Charlie McClendon, City Manager
RECOMMENDATION:
Recommendation
The Charter is presented for information, discussion and direction only. Staff recommends that the Council appoint a Council Subcommittee to review the draft questions for the previously authorized public opinion survey on the Charter.
Body
BACKGROUND:
On February 11, 2015 City Council adopted a resolution establishing priority goals for the upcoming fiscal year. The goals were developed at the Council's planning retreat held on January 24, 2015. Among the adopted goals was an item covering governance issues: "Hold a series of study sessions on governance issues and develop a plan to move toward a fall election on those requiring voter consideration." Among the topics listed under the goal were the following:
Adoption of a City Charter
Elimination of direct election of the Mayor
Elimination of the elected City Clerk position
Possible elimination of the elected City Treasurer
Expansion of allowed uses of Public Arts Funds
Annexation into the Desert Recreation District
On June 10, 2015 Council held a study session discussion on the possible referral of a City Charter to the voters. Included in the discussion were the first four topics listed above. The other two items, expansion of uses of the Public Arts Fund and Annexation into the Desert Recreation District were determined to be separate issues not relevant to a Charter and have been handled separately. At the June 10 meeting Council decided to appoint a subcommittee, consisting of Mayor Pro Tem Pettis and Councilmember Kaplan, to develop a draft Charter for further Council consideration.
The Council subcommittee met on two occasions to review charters from other Cities and discuss policy questions related to a charter. A draft charter was developed as a result and was reviewed by Council during study session on December 9, 2015 and again on February 24, 2016. A contract to provide public opinion polling related to the draft charter was awarded by Council on March 9, 2016.
DISCUSSION:
Based on Council discussion at the most recent study session, the City Attorney has prepared a revised draft Charter for consideration. The draft charter is attached and includes the following provisions:
-Provides the City with additional authority over “municipal affairs” as defined in the state constitution and California case law.
-Exempts the City from the California Public Contracts Code and allows the City to use more efficient and flexible project delivery systems like design build and best value procurement for public works projects.
-Requires project labor agreements for public works projects or private projects receiving public assistance where the estimated cost of the project is over $5,000,000.
-Permits the City to set fines for violations of its municipal ordinances.
-Requires the City to move from at-large elected Council offices to by-district elected Council offices at the first regular election following the City officially reaching a population of 75,000.
-Allows the City Council to prepare and approve by-district elected Council offices prior to reaching the 75,000 population threshold if determined to be in the best interest of the community.
-Changes the office of Mayor from a directly elected office to an honorary office that will rotate annually among the elected Councilmembers.
-Changes the office of City Clerk to an appointed position and grants the City Manager the authority to hire, promote, discipline and fire the City Clerk.
-Retains the office of the City Treasurer as a directly elected position, but imposes an eligibility requirement for candidates and persons elected to the office.
-Removes authority from Council to adjust their own salary and fixes the salaries at the existing level with a CPI increase each year not to exceed a maximum of 3%. Council salaries must decrease if the Council, through labor negotiations, decreases the compensation of a recognized bargaining unit of the City.
-In the event of a Council seat being vacated within 6 months of the election, the vacancy must be filed by the next highest vote receiver. In the event the seat is vacated more than 6 months after the election or the next highest vote receiver refuses an appointment, then the Council is authorized to appoint a person to fill the remaining time until the next election.
-Authorizes the City to undertake itemized economic development activities within the City.
FISCAL IMPACT:
None.
ATTACHMENTS:
Draft Charter