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HomeMy WebLinkAboutCC AG PKT 2012-05-29 #E CITY COUNCIL AGENDA REPORT f 434tFORN1--' DATE: May 29, 2012 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Linda Devine, City Clerk SUBJECT: PROPOSED CITY CHARTER AMENDMENTS SUMMARY OF REQUEST: That the City Council direct staff to prepare Charter amendments to be presented to the voters at the November 2012 election. BACKGROUND AND ANALYSIS: Periodically, City staff reviews the City's Charter to determine whether Charter amendments should be presented to the voters. The Charter was adopted in 1964. Since then, several amendments have been adopted with the most recent being March 2006. The City Manager, City Clerk and Department Heads reviewed the Charter to determine whether staff could recommend any Charter amendments. Based upon their input, it is recommended that the Council consider presenting to the voters the following Charter amendments. A. ELECTION ISSUES o Eliminate the General Election/Runoff process. Currently, the Charter requires the City to conduct a second, "runoff' election if no candidate receives 50% plus 1 of votes cast in the first election (Section 509). Very few cities of comparable size still have runoff elections. At the last election, a candidate received 49.6% of the votes, and the Charter required a runoff election. It cost the City $14,645 to have a runoff election in that one district. (General Election cost $14,402 (3 districts) — consolidated with Orange County.) • o Eliminate the 21-day waiting period before installation of elected officials. Historically, Section 400 stated that the terms of elected officers would start seven days after the election. The 21-day period was adopted in 2006 because Orange County informed cities that it would take the County 21 days to canvass the election. However, since 2006, the canvassing of Agenda Item E the runoff election does not take that long. Thus, we recommend that the 21-day waiting period be eliminated. If the Council so directs, we will draft a Charter amendment eliminating the 21-day waiting period, and either: (a) incorporate by reference the Elections Code; or (b) draft language that would provide greater flexibility to the City in promptly swearing-in elected officials. ® Add a tie-breaking procedure to Section 400. Several General Law cities have adopted ordinances or resolutions establishing a tie breaking process in the event two candidates for elected office receive the same number of votes. (There are many ways to break a tie, including casting lots.) The Council has the following options: 1. Present to the voters a Charter amendment designating a process to allow the City's electorate to determine how to resolve ties; 2. Amend the Municipal Code to specify a process; or 3. Adopt a resolution prior to the next election. o Miscellaneous clean up. e.g., allow the Council to call an election by resolution instead of by ordinance as required by Section 506 (Election Code only requires a resolution to call election). B. REVOLVING DOOR PROVISIONS Many cities have adopted ordinances preventing their city from hiring a former councilmember as City Manager or a Department Head for a specified time after that councilmember has vacated the office. The Seal Beach Charter contains the following provision: "SECTION 602. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member neither of the City Council nor within one (1) year after the member has ceased to be a City Councilmember." We recommend: expanding the provision to include Department Heads as well as the City Manager and to lengthen the period of non-eligibility to three (3) years. If so directed, we will draft a proposed Charter amendment deleting Section 602 and replacing it with a new Section 423. C. UPDATING AND MOVING CITY MANAGER DUTIES TO MUNICIPAL CODE Sections 604 and 605 list several powers and duties of the City Manager that were adopted in 1964 and, for the most part, have not been amended since 1973. It would provide the Council greater flexibility and, perhaps, enhance Page 2 productivity if such duties were placed in the Municipal Code. We recommend that the specific duties be replaced with a simple provision such as: "The City Council shall establish, by ordinance, the powers and duties of the City Manager." In the event this measure is adopted by the voters, we further recommend that the Council review the duties set forth in Sections 604 and 605 to determine whether any of them should be eliminated, revised, or supplemented when the duties are transferred to the Municipal Code. D. ELIMINATE ARTICLE XII (REGARDING BOARD OF EDUCATION) The schools in the City unified with the Los Alamitos Unified School District on January 8, 1979 (Resolution No. 2845). Thus, this Article no longer applies. ENVIRONMENTAL IMPACT: This project is statutorily exempt from the California Environmental Quality Act (CEQA). LEGAL ANALYSIS: This report has been reviewed and approved as to form by the City Attorney. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: That the City Council direct staff to prepare charter amendments to be presented to the voters at the November 2012 election. SUBMITTED BY: NOTED AND APPROVED: 42% (.t o R. Lin a Devine, City Clerk Jill . Ingram, City Gager Attachments: A. Article VI — City Manager Page 3 Attachment "A" ARTICLE VI e CITY MANAGER SECTION 604. Powers and Duties. The City Manager shall be the head of the administrative branch of the City government and shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have the power and be required to: a) To enforce all laws and ordinances of the City and to see that all franchises, permits and privileges granted by the City are faithfully observed. b) To exercise administrative control over all departments, divisions and employees of the City government, except the City Attorney and City Clerk. (Amended 1978) c) To appoint, promote, discipline, and remove employees of the City, except the City Attorney and City Clerk, subject to the Civil Service rules and regulations. (Amended 1978 and 2006) d) To organize or reorganize such offices, positions, departments, or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. e) To attend all meetings of the City Council unless excused therefrom by the City Council. f) To recommend to the City Council for adoption such measures and ordinances as he/she deems necessary or expedient. g) To serve as finance officer and to keep the City Council fully advised as to the financial conditions and needs of the City. The City Manager shall be the chief financial officer of the City. (Amended by Statutes 1973) h) To prepare and submit to the City Council an annual or bi-annual budget and be responsible for its administration after adoption by the Council. (Amended 2002) i) To recommend a comprehensive salary plan for all City employees and to recommend changes in line with current conditions. j) To organize for and supervise the purchase of all supplies for all departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council except on report and approval of the City Manager. k) To make investigations into the affairs of the City and any department or division thereof, and any contract, and the proper performance of any obligation of or to the City. I) To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the services maintained by public utilities in the City. m) To exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council. n) To devote his/her entire time to the duties and interests of the City, except as may be specifically authorized by the City Council. o) To represent the City in discussions of administrative and policy questions between the City and other levels of government, i.e., county, state, federal and other cities, when and if requested by the Council to do so. p) To cooperate with leadership of civic movements designed to benefit the residents of the City when so directed by the City Council. q) To attend any and all meetings of any commissions or committees heretofore or hereafter created by the City Council, upon his own volition or upon the direction of the City Council. r) To act as personnel officer for the City and to develop a comprehensive personnel program. s) To perform such other duties and exercise such other powers as may be delegated to him/her from time to time by resolution, ordinance or other action of the City Council. SECTION 605. Financial Duties of the City Manager. The City Manager shall perform the following duties: a) Maintenance of financial records. Maintain all records readily reflecting the financial condition of the City and all of its departments. • 1 b) Report for fiscal year. At the end of each fiscal year, prepare and present to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in the City Treasury. c) Publication of financial statement. Cause the financial statement of the City to be published in accordance with the provisions of Section 40804 and 40805 of the Government Code. d) Compilation of financial information for budget. Compile all financial information necessary for the preparation of the City's budget and make such information available to the officer whose responsibility it is to prepare the budget. e) Monthly financial report. Prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the City and each of its departments. f) Licenses. Supervise and be in charge of all license issuance and inspection. g) Payroll records. Supervise and be in charge of all payroll records. h) Insurance policies. Maintain a record of all insurance policies and their expiration dates. i) Collection of taxes, assessments, etc. See that all taxes, assessments and other fees and revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the county, state or federal government, or from any court, office, department or agency of the City are collected, and perform such other duties that are from time to time assigned to him/her by the City Council. (Amended by statutes 1973)