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CC - (1) Consideration of Recommendations from the City Council Ad Hoc Charter Review Subcommittee of Proposed Revisions to the City Charter Related to (A) Changing the Appointing Authority and Reporting Responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager; (B) the Ineligibility of a Person Who Has Resigned from City Council to Run for the Office of City Council Member for a Period of Four Years; (C) Changing Term Limits for City Council Members from Two Full Terms to Three Full Terms; and (D) Regular Meeting Dates of the City Council and (2) Direct the City Manager as Deemed Appropriate.
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Contact Person/Dept: Martin R. Cole, Assistant City Manager/City Clerk
Heather S. Baker, Assistant City Attorney
Phone Number: 310-253-6000
310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (02/03/16)
Department Approval: Martin R. Cole, Asst. City Manager/City Clerk (02/03/16)
Heather S. Baker, Assistant City Attorney (02/03/16)
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RECOMMENDATION
Staff recommends the City Council: (1) consider recommendations from the City Council Ad Hoc Charter Review Subcommittee of proposed revisions to the City Charter related to (A) changing the appointing authority and the reporting responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager; (B) the ineligibility of a person who has resigned from City Council to run for the Office of City Council Member for a period of four years; (C) changing term limits for City Council Members from the current two full terms to three full terms; and (D) regular meeting dates of the City Council; and (2) direct the City Manager as deemed appropriate.
BACKGROUND
At the Regular Meeting of the City Council held on January 13, 2014, the City Council discussed the following Action Item:
Consideration of the Need for a Comprehensive Review of the Existing City Charter as Required by Section 1900 of the City Charter
After discussion of this item, the City Council took the following action:
The City Council provided consensus to have an item return at a future City Council meeting for the City Council’s consideration of the formation and appointment of members to a City Council Subcommittee to consider any necessary amendments to the City Charter.
At the Regular Meeting of the City Council held on May 12, 2014, the City Council considered a recurring item related to creation/appointment of City Council members to various bodies. As part of that discussion, the City Council created an Ad-Hoc Charter Review Subcommittee (Subcommittee) and appointed Mayor O’Leary and Vice Mayor Weissman to the Subcommittee.
Since the creation of the Subcommittee, the Subcommittee Members have met with Assistant City Manager/City Clerk Cole and Assistant City Attorney Baker to review the City Charter and the legal requirements applicable to any proposed changes to the City Charter. After several meetings, the Subcommittee has concluded its work and has requested the City Council consider its recommendations.
DISCUSSION
The Subcommittee recommends the City Council consider proposing the following four amendments to the City Charter to the voters at the November 8, 2016 General Election:
1. Changing the Appointing Authority and Reporting Responsibilities of the Fire Chief and Police Chief from the City Council to the City Manager
• Current Charter Requirements: The Fire Chief and Police Chief currently are appointed by and report to the City Council.
• Proposed Charter Amendment: The Fire Chief and Police Chief would be appointed by and report to the City Manager.
2. Imposing an Ineligibility Period of Four Years on a Person Who Has Resigned from City Council to Run for the Office of City Council Member
• Current Charter Requirements: So long as a person meets the eligibility requirements set forth in the City Charter and state law, a person may run for election to the Office of City Council Member.
• Proposed Charter Amendment: The Subcommittee proposes that any person who holds the Office of City Council Member and resigns such Office shall not be eligible to run for election to the Office of City Council Member again until such time as four years have elapsed since the date of resignation.
3. Changing Term Limits for City Council Members from Two Full Terms to Three Full Terms
• Current Charter Requirements: Persons are limited to serving two full terms (as defined in the City Charter) as City Council Members before such persons must leave office. After waiting for a two year period to elapse, such persons may again run for the Office of City Council Member.
• Proposed Charter Amendment: The Subcommittee proposes that the number of full terms a Council Member could serve before term limits apply be changed from two to three. This change would not apply to Council Members holding office on or before November 8, 2016.
4. Regular Meeting Dates of the City Council
• Current Charter Requirements: The City Charter contains the following language: “The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.”
• Proposed Charter Amendment: The Subcommittee proposes that the words “at least twice each month” be removed to allow for flexibility given the variability of the nature and number of agenda items.
During the discussion of this item this evening, the Subcommittee may have additional comments related to its recommended City Charter amendments.
Should the City Council determine to move forward with any of the proposed City Charter Amendments, staff will review the City Charter for any minor clean-up items. Any such clean-up items will be presented to the City Council prior to the City Council consideration of the calling of the election at which Culver City voters would consider any City Charter Amendments.
Charter Amendment Process
SB 311 became effective on January 1, 2014. It amended the Elections Code to provide that city charter proposals (including amendments) shall be submitted to the voters at an established statewide general election pursuant to Section 1200, provided there are at least 88 days before the election, if a charter amendment proposes to alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization. Because proposed Charter Amendment #1 (changing the appointing authority and reporting responsibility for the Fire and Police Chiefs) does alter “…any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization,” this particular amendment must be presented at a statewide general election.
The Subcommittee recommended that any Charter Amendments be presented to the voters as a single package. Because of the restrictions imposed by SB 311, as discussed above, the next election at which the Charter Amendments could be placed on a ballot would be November 8, 2016.
Election Process
Should the City Council direct the City Manager to proceed with placing any/all of the above City Charter amendments before the voters, a proposed resolution calling the election would be prepared for the City Council’s consideration. At the same meeting, a resolution providing for the preparation of the arguments in support of/in opposition to the proposed City Charter amendments would also be considered. Based on the discussion above, it is recommended the City Council determine that any such election would be held in consolidation with the November 8, 2016 General Election.
FISCAL ANALYSIS
Discussion of this subject does not create a fiscal impact for the City. Should the City Council determine to place any proposed City Charter amendments before the voters, staff will prepare an estimate of the costs associated with the election needed therefor.
ATTACHMENTS
City Charter of 2006 (with proposed language as recommended by the Subcommittee)
RECOMMENDED MOTION(S)
That the City Council:
Consider the proposed City Charter Amendments as presented by the City Council Ad Hoc Charter Review Subcommittee and direct the City Manager as deemed appropriate.