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HomeMy WebLinkAboutItem 13b - Establishing a Charter Review Committee DATE: July 6, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: RESOLUTION NO. 7356 ESTABLISHING A CHARTER REVIEW COMMITTEE Recommendation: Adopt SUMMARY The City of Arcadia was incorporated as a charter city on August 5, 1903, under Article XI, Section 3 of the California Constitution. The City’s charter was last amended in 1998. At the March 3, 2021, Study Session, the City Council voted to hold its next regularly scheduled election on November 8, 2022 to comply with the spirit and intent of SB 415 and Ordinance No. 2352, affirming the same. In order to avoid any potential legal challenges to future elections, the City Council has requested that the City Manager prepare a Charter Amendment for the November 8, 2022 election asking Arcadia voters to permanently ratify moving the City’s municipal elections from April to November in even numbered years, beginning with the 2024 election cycle. Since ballot measures are costly and time consuming processes, the City Manager also recommended that the City Council consider additional amendments to the Charter to remove outdated provisions and provide the City Council more legislative flexibility for the administration of City services, in addition to streamlining municipal functions for 21st century governance. For example, the Charter states that Council Members shall be elected at-large even though the City has transitioned to district-based elections. Further, the City would like to make changes to the Human Resources Commission to shorten the amount of time it takes to create or review job classifications related to the hiring process. Finally, the City may also want to consider additional changes for enhancing revenue or other changes like creating a framework in the Charter for design immunity or other legal protections. In order to achieve these goals, the City Council is requested to empanel an Ad Hoc Charter Review Committee consisting of Arcadia residents to review the City’s Charter and make recommendations for amendments. Therefore, it is recommended that the City Council adopt Resolution No. 7356 establishing a Charter Review Advisory Committee. Resolution No. 7356 Establishing a Charter Review Advisory Committee July 6, 2021 Page 2 of 4 BACKGROUND Under the City Charter, Arcadia’s regular City Council elections are scheduled to be held in April of even-numbered years. On September 7, 2017, the City Council was presented with a detailed report regarding SB 415 (Election Code Sections 14050 – 14057). The intent of SB 415 was to improve voter turnout at local elections. SB 415 requires that a local public agency with a “non-concurrent election date” change the election date if the agency’s voter turnout for a local non-concurrent election was at least 25% lower than its average voter turnout for the last four statewide general elections (November 2016, 2014, 2012, and 2010). Under SB 415, an agency could move its election either to the date of the statewide primary (March or June) or the statewide general election (November). The report noted that the Attorney General had issued an opinion earlier in 2017 finding that SB 415 applied to charter cities because improving voter turnout at elections is a “matter of statewide concern” rather than a “municipal affair.” Further analysis at the time revealed that turnout for Arcadia’s municipal elections demonstrated at least a 25% decline in voter participation as defined in SB 415. As a result, the City believed, at the time, that it was required to change its general municipal election date to either the date of the statewide primary or the November statewide general election. SB 415 did not require this change to be immediate. Rather, SB 415 only required that the City have a plan in place by 2018 to change election dates by no later than the November 8, 2022 statewide general election. State law also allows the City to extend or decrease the terms of current elected officials by up to 12 months, in order to match their terms with a changed municipal election date (Elections Code Section 10403.5(b)). On January 16, 2018, the City Council adopted Ordinance No. 2352 changing the general municipal election date from April of even-numbered years to the statewide general election in November of even-numbered years, commencing with the November 8, 2022 election. In addition, Ordinance No. 2352 extended the terms of City Council members whose terms were set to expire in April 2022 by 7 months to November 2022 (Districts 2, 3, & 5). Subsequently, the City of Arcadia held its regularly scheduled election in 2020 for Council Districts 1 and 4 for a term of 4 years, 7 months to comply with Ordinance No. 2352. During this time, the City of Redondo Beach, another charter city, legally challenged SB 415’s application to charter cities and prevailed. The Court of Appeals ruled last year that Redondo Beach does not have to change its election dates because the explicit language of SB 415 does not state it applies to charter cities. The Court, however, did not decide the larger issue of whether this kind of law, regardless of how it is worded, may ever apply to charter cities in contravention of their “home rule” powers. This means it is possible that the Legislature could propose new legislation that explicitly says that it applies to charter cities. Should that occur, Arcadia may need to adopt another ordinance to comply with the new law. Moreover, another charter city may Resolution No. 7356 Establishing a Charter Review Advisory Committee July 6, 2021 Page 3 of 4 litigate this issue. While there is no known pending legislation in this regard, it would be consistent with the Legislature’s overall push in recent years to expand voter turnout whenever possible. During the March 3, 2021, Study Session, in the spirit of compliance with SB 415 and Ordinance No. 2352, the City Council voted to hold its next regularly scheduled election in November 2022. However, the Charter still provides for April elections. Therefore, in order to avoid any potential legal challenges to future elections, the City Council has requested that the City Manager prepare a Charter Amendment for the November 8, 2022 election asking Arcadia voters to permanently ratify this change. In addition, the City Manager shared that the City’s charter has not been updated since 1998 and the City Council may wish to revisit several of the provisions that are outdated by 21st century governance standards. In order to help facilitate these changes, staff recommends the City Council empanel an Ad Hoc Charter Review Advisory Committee to make recommendations to the City Council on reforms to Arcadia’s Municipal Charter. DISCUSSION In 2018, the City Council, by Resolution, empaneled an Ad Hoc Citizens Financial Advisory Committee (“CFAC”) to explore revenue enhancements and service delivery alternatives to chart a path toward long-term fiscal solvency. The Ad Hoc Charter Review Committee is proposed to mirror the structure but with a different mission. Resolution No. 7356 outlines the parameters within which the Commission is to function. Specifically, the Resolution states: 1. The Committee shall be comprised of five (5) Arcadia residents selected at-large. 2. The Committee shall be commissioned with reviewing and updating the City’s Municipal Charter for 21st century governance standards. 3. The Committee shall select a Chairperson and Vice-Chairperson from among its membership. 4. The Committee shall meet for a period of no longer than six (6) months and may conclude its work earlier following a majority vote of the Committee. A final report shall be submitted to the City Council within sixty (60) days of the final meeting of the Committee. Upon conclusion of the sixty (60) day period, the Committee’s term shall expire and the Committee shall no longer be in effect. 5. The City Manager, or his designee, shall assist the Committee and provide background information to the Committee, including input regarding municipal affairs, administration, service delivery, legal limitations, elections, and other related issues. Resolution No. 7356 Establishing a Charter Review Advisory Committee July 6, 2021 Page 4 of 4 Upon adoption of the Resolution, the City will advertise that it is seeking qualified candidates to serve on the Committee. The application period will likely be open for a period of 6 to 8 weeks but may close once a sufficient number of qualified candidates have applied. The nomination process will follow the same guidelines as City Council appointments to the Planning Commission, including an interview by the City Council. The City Attorney’s Office will be closely involved with the Charter Review Committee process to ensure that all recommendations comply with applicable law. Upon conclusion of their work, the Committee will transmit its recommendations to the City Council for review and potential approval for placement on the ballot for the November 8, 2022 election. Charter amendments must be approved by a simple majority of registered Arcadia voters voting at the election. Similar to other ballot measures, if placed on the ballot, the City Attorney’s Office would prepare an impartial analysis of the Charter amendment pursuant to California Elections Code Section 9280, and interested residents and other groups would be authorized to submit arguments for and against the measure in accordance with California Elections Code Section 9282, to be included in the voter information guide. FISCAL IMPACT The costs associated with the formation of the Charter Review Advisory Committee include staff time, attorney costs, supplies, and materials. Depending on when the Committee is able to meet, additional costs for meals may be required. The total costs are expected to be minimal (estimated at $2,500) and there is sufficient funding available in the City Council and City Attorney Fiscal Year 2021-22 operating budgets to absorb these costs. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7356 establishing a Charter Review Advisory Committee. Attachment: Resolution No. 7356