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HomeMy WebLinkAboutItem JAGENDA REPORT DATE: July 9, 2001 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: CONSIDERATION OF PROPOSED CITY CHARTER AMENDMENTS SUMMARY OF REOUEST- Authorize the City Clerk, City Attorney and staff to prepare necessary documentation for a ballot measure regarding revisions to'lite Charter of the City of Seal BeacH'. BACKGROUND: City staff and the City Attorney have reviewed the existing provisions of the Charter, and are recommending City Council approval of the preparation of a ballot measure seeking voter approval of proposed amendments to the Charter. The primary focus of the proposed Charter amendments are related to amendments to provide flexibility to the City Council and City Manager in conducting administrative functions of the City, conforming to residency and public meeting provisions of State law, and revising public contract provisions to reflect current costs of public projects. Upon City Council authorization, the City Clerk, staff and the City Attorney will institute the process for placing proposed amendments on the March 5, 2002 General Election ballot. Attached as Attachment 1 are certain proposed amendments. We anticipate that there may be additional amendments proposed by the City Attorney. OVERVIEW OF PROPOSED CHARTER AMENDMENTS • Amend the Charter to provide that residency requirements for elected officials and the city manager shall be governed by State law. • Amend the Charter to provide that meetings of the City Council, and of appointive boards and commissions, shall be held in accordance with State law (the Brown Act). • Amend the Charter to provide that prohibited financial interests in City contracts shall be governed by State law. Agenda Item 3— C:Wy Dxum U\City Coumfl Chv r A=nd=n19.CC SWfReponA %Wk07-03-01 659858.3 Consideration of Proposed City CharterAmendwnts City Council Staff Report July 9, 2001 • Amend the Charter to provide that elective officers' service in more than one office shall be governed by State law. • Amend the Charter concerning personnel matters. • Amend the Charter to provide that a two-year budget may be prepared upon the determination of the City Manager. • Amend the Charter to provide that public works contracts less than $20,000 (as adjusted annually for inflation) do not require a public bid process. • Amend the Charter to provide that the City Council may enter into`Umign- build" publc works contracts. • Amend the Charter to eliminate all gender -based designations, i.e.,'W', "his" etc. There may be other Charter amendments recommended by the City Attorney. FISCAL IMPACT: Minimal costs involved in printing ballot information and ballots. Costs will be reduced, as the election will be consolidated with the March 5, 2002 General Election. RECOMMENDATION: Authorize the City Clerk, City Attorney and staff to prepare necessary documentation to prepare a ballot measure regarding revisions to' The Charter of the City of Seal Beach!' Ily e Wluttenberg . Bahorski, 6ty Manager Director of Development Se ices Attachments: (1) Attachment 1: Proposed Amendments to the'Charter of the City of Seal Beach', dated July 9, 2001 Chv A ndm m.CC Sun Report 659858.3 Consideration of Proposed City Charter Amendments City Council Sta fReport July 9, 2001 ATTACHMENT 1 PROPOSED AMENDMENTS TO THE "CHARTER OF THE CITY OF SEAL BEACH", DATED JULY 9, 2001 Chaney Ameedmeeu cC surf Report 659858.3 Consideration ofPmposed City Charter)k en&nenls City Council Staff Report July 9, 2001 PROPOSED AMENDMENTS TO THE "CHARTER OF THE CITY OF SEAL BEACH", DATED JULY 9, 2001 �1 ❑ Shall the Charter of the Citv of Seal Beach be amended to orovide that residency requirements for elected officials and the city manager shall be governed by State law? The Charter of the City of Seal Beach is hereby amended by adding to Article BI (Form of Government) a new Section 301 to read as follows (underlining indicates new language; strike- through indicates deleted language): I-- nn. „__ „ "'_' .,' ---------- ----- I_ n "_.:.. <__ - -' . ..... _r govern resioency Emuirements to and the City ManaeeriI The Charter of the City of Seal Beach is hereby amended by repealing Section 401 (Eligibility) of Article IV (Elective Officers), which reads as follows: eieetsp Skim ci",-, DRAFT The Charter of the City of Seal Beach is hereby amended by repealing Section 601 (Residence) of Article VI (City Manager), which reads as follows: 8468:, These amendments would conform City Charter provisions to the provisions of California law. vll ❑ Shall the Charter of the City of Seal Beach be amended to provide that meetings of the City Council, and of appointive boards and commissions, shall be held in accordance with State law (the Brown Act? Cheney A..dmente.CC Suff Report 659858.3 Consideration ofPsopmed City Chi Amendmenu City Co dStaJfReporr July 9, 2001 The Charter of the City of Seal Beach is hereby amended by revising Section 407 (Regular Meetings) of Article IV (Elective Officers) to read as follows (underlining indicates new language; strike - through indicates deleted language): "Section 407. Ragidw Meetings. The City Council shall hold regular meetings at least once a month in accordance with the Brown Act (California Govemment Code Section 54950 et seo.l• as such statute now exists or may hereafter be amend at such times as it shall fix by ordinance or resolution. Red The City Council may adjourn or r adjourn any sagal" meeting, 4& " dat, R_d lasur � 261JOUFfiad is _ had:.... _,.....,__ _„�.•__.. and may call special meetines in accordance with the Brown AcL If at any time any regular meeting falls on a holiday, such regular meeting alit may be held Thereafter prior to the next re¢ular meetine" The Charter of the City of Seal Beach is hereby amended by repealing Section 408 (Special Meetings) of Article IV (Elective Officers), which reads as follows: . ^ .^ T ..._ ._ by A_e. ...L_ .0 .L. City l._.a L. _A,_..._ by it a ffl�,A@F Oahe l+..up_ I .._A r ...I gmacid GiFWAIPAWiR; _ „di@ OF ww cisieu ... .O -WaL L.... Qed mith at_ Gily GI .d 1,...84 .__.e..... r .._ 944 h....ff b f _,, _c m h fileatifig as ..d .L.. L.. to L_ w.. ..� d Z e .._d _1..,,,. agth„ .._ e AF FFief to 4h.: the mw .:_ .le.'. a ..f A0400. .. A «.. ham. gonsefitififf t@ dw hold:_.. ..r.. _ „L..n L.. .. ....U.._...1 c.... , bo &19�661 ..d.h The Charter of the City of Seal Beach is hereby amended by revising Section 804 (Meetings, Chairmen) of Article VIII (Appointive Boards and Commissions) to read as follows: "Section 804. Meetings, Chairmen. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such board or commission shall require. All p;@aaa"@s meetin¢s shall be Charm'Am.Wm .CCSniff Report 659858.3 Comidenuion of Proposed City Charter Am ndnvus City Council Staff Report July 9, 2001 held in accordance with the Brown Act ( Califomia Government Code Section 54950 t sea.) as such statute now exists or may hereafter be amended. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and subject to the approval of the City Council, and copies of which shall be kept in the office of the City Clerk or such other office as the City Council may, by ordinance prescribe where they shall be available for public inspection. Each board or commission shall the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations:' DRAFT These amendments would conform City Charter provisions to the provisions of California law and ensure that the City will be governed by any future amendments to the Brown Act without the need for further Charter amendments. ❑ Shall the Charter of the Citv of Seal Beach be amended to provide that prohibited financial interests in City contracts shall be governed by State law? The Charter of the Seal Beach is hereby amended by revising Section 708 (Illegal Contracts. Financial Interest) of Article VII (Officers) to read as follows (underlining indicates new language; strike- through indicates deleted language): `Section 708. Illegal Contracts. Financial Interest. The Constitution and laws of the State of California shall govern conflicts of interest in City contracts. We Gana Ammam B.CCSW a n 659858.3 pp'Wll- WIN Gana Ammam B.CCSW a n 659858.3 Consideration of Proposed City Charter Amendments City Council Staff Report July 9, 2001 b This amendment would conform City Charter provisions to the provisions of California law. 0 o Shall the Charter of the City of Seal Beach be amended to orovide that elective / officers' service in more than one office shall be governed by State laws Qt The Charter of the City of Seal Beach is hereby amended by revising Section 709 �f (Acceptance of Other Office) of Article VII (Officers) to read as follows (underlining indicates new language; strike- through indicates deleted language): 'Section 709. - ___ Other Q s. Any - --- 8 - --- af . The ConstimGon and laws of the State of Calikomia shall goy= &&Uve offigga se rvir in mo h on offs Chaser AMndMnu.CC Sreff Report 659858.3 Consideration of Proposed City CharterAntendments City Council StgQReport July 9, 2001 This amendment would conform City Charter provisions to the provisions of California law. ❑ Shall the Charter of the City of Sea] Beach be amended to provide that disciplinary suspensions shall be in accordance with progressive discipline standards of practice? The Charter of the City of Seal Beach is hereby amended by revising Section 911 (Suspension) of Article IX (Civil Service System) to read as follows (underlining indicates new language; strike - through indicates deleted language): 'Section 911. Suspension. Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay by the appointing power, but such suspensions shall ixarty- fiiseeFyeee be in accordan P with proeressiv - i9 iuline standards of nractice_ navror and d i c 01 n g lone. A department head not having power of an appointment may make disciplinary suspension in accordance with the rules:' This amendment would confer additional flexibility in the City Charter for personnel disciplinary matters. Other amendments to the civil service system may be The Charter of the City of Seal Beach is hereby amended by revising paragraph (h) of Section 604 (Powers and Duties) of Article VI (City Manager) to mad as follows (underlining indicates new language; strike - through indicates deleted language): IN To prepare and submit to the City Council tke an annual ob ppuyl budget and be responsible for its administration after adoption by the Council'.' The Charter of the City of Seal Beach is hereby amended by revising Section 1001 (Annual Budget) of Article X (Fiscal Administration) to read as follows (underlining indicates new language): `Section 1001. AnnuaUi- Annual Budget. Preparation by the City Manager. At such date as he shall determine, the City Manager shall obtain from each department head estimates of revenue and expenditures for his department, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed =UIL=QLhLWMIW budget, the City Manager shall review the estimates, hold conferences thereon with respective department heads and may revise the estimates as he may deem advisable:' This amendment would allow the City Manager the flexibility to prepare an annual or bi -annual budget. Chuter Am Jwnu.CC Staff Repon 659858.3 Consideration of Proposed City Charter Amendments City Council Swff Report July 9, 2001 ❑ Shall the Chatter of the City of Seal Beach he amended to provide that public works contracts less than $20.000 (as adiusted annually for inflation) do not require a public bid process The Charter of the City of Seal Beach is hereby amended by revising Section 1010 (Contacts on Public Works) of Article X (Fiscal Administration), to read as follows (underlining indicates new language; strike- through indicates deleted language): `Section 1010. Contracts on Public Works. Fxcent ac otherwise provided in this S X ion tk CiIY Cguncoullall aw rd LQ the lowest msposibir, bidder each ont= 8vewy prejam involving an expenditure of more than riyo ameenvd Regme the bidding threshold Mount (as d find in hi 'on) for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds, or for Ibc _purchase of supplies or materials for any such nr&& At a minimum bids shall be soli it d via notice by publication in the official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids. Projects for the construction, resurfacing, maintenance or repair of '' @ baiidings, wofks, alposts, gFoins, -- --- perke- Ofpleygreeede such fa ili + s are excepted from the requirements of this paragraph if he City Catincil dMUnines that such Work can be mrfQrrru-,d bfuff or n or conomically by a City devartruent than by con t actine. nR A�� All bids may be accompanied by either a certified or cashiJ)Peecic, or a bidder s bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten per cent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of his bidders security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council may reject any and all bids presented and may readvertise in its discretion. The City Council, wi ho t adywisjug for bids or after rejecting bids, or if no bids ere Em received, may declare and determine that in its opinion, based on estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employees or the stomp lid materials may be purchased more economically on the open market, -aRw Aft&r the adoption of a resolution to this effect by at least three affirmative votes Cher Aausdsnmr.CC suuarpn 659858.3 Consideration of Proposed City Charter Amendments City Council Stq(fRepon July 9, 2001 of the Council. thpCity may proceed to have said work done r caid suno0 0 aterial o h s d in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids, if such work, &wRUcs or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, or property, and shall be authorized by resolution passed by at least three affirmative votes of the Council and containing a declaration of the facts constituting such urgency. l.nuncll. PR AFT This amendment would allow the City anager to enter into public works contracts in an amount not to exceed $20,000.00 (as adjusted annually for inflation based on a nationally recognized construction cost index). a Shall the Charter of the City of Seal Beach be amended to provide that the City Council may enter mto'Uesi ng build'public works contracts? The Charter of the City of Seal Beach is hereby amended by adding to Article X (Fiscal Administration) a new Section 1010.5 to read as follows: 'Section 1010.5 Design -Build Contracts on Public Works. Notwithstanding any other provision of this Charter, the City may enter into a design -build contract for both the design and construction of a project in accordance with this Section. Prior to the execution of a design -build contract, the City Council shall evaluate at a public meeting the comparative advantages for the particular project of the traditional design, bid, and build process of construction and the design -build process. No design -build contract shall be executed unless the City Council makes written findings that use of the design -build process on the project will accomplish one or more of the following objectives: reduction of project costs; expediting of the project completion; or provision of design features not achievable through the design- bid -build process :' This amendment would allow the City Council the flexibility to determine if design -build process for public works projects is in the best interest of the City, as opposed to the more traditional design, bid, and build process. Chmmv Amendments. CC Sian ae,mn 10 6598583 Consideration of Proposed City CharterAmntdments City Council Staff Report July 9, 2001 ❑ Shall the Charter of the City of Seal Beach be universally amended to eliminate all gender-based designations, i.e.'Wbis''etc.? The Charter of the City of Seal Beach is hereby amended by universally revising all references to a specific gender to an appropriate ggndw *eutral term as determined by the City Clerk. D[O A This amendment would universally revise all references to a specific gender to an appropriate gender - neutral term as determined by the City Clerk. Chnner Amendments.CC Sun aepun 11 659858.3