200 S. Anaheim Blvd.
Suite #733
Anaheim, CA 92805
Tel: (714) 765-5162
Fax: (714) 765-5154
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY MANAGER
DATE: FEBRUARY 7, 2023
FROM: OFFICES OF THE CITY MANAGER/CITY ATTORNEY/
CITY CLERK
SUBJECT: CITY CHARTER REVIEW
ATTACHMENT (Y/N): YES ITEM #17
GOVERNMENT CODE §84308 APPLIES: NO
ACTION:
That the City Council, by Motion:
1) Approve conducting a review of the City’s Charter and direct staff to commence a Charter review process; and
2) Direct staff to prepare a resolution outlining the i) selection and composition of a Charter Review Committee; ii) scope of work of such Committee, including potential areas of amendment to the Charter for committee review/recommendation; iii) and define a timeframe for delivery of a final report with the Committee’s recommendations, as directed by the City Council; and
3) Authorize staff to commence a process to select an expert with experience in facilitating Charter Reviews.
DISCUSSION:
At the Council meeting of December 20, 2022, Council Member Carlos Leon requested City Council consider conducting a review of the City Charter and commence a Charter review process.
Background:
The Anaheim City Charter was adopted in 1964 and approved in 1965. The Charter serves as the City's fundamental governing document and outlines certain authority and restrictions the City has over municipal affairs. City charters are often referred to as a city's "constitution" and can function both to expand local city control over municipal affairs, as well as limit a charter city's power. Since adoption of the Charter, the City of Anaheim has conducted five charter reviews, with the last one taking place in 2013.
During each of the five charter reviews, the City Council created a charter review committee. The committees ranged from seven to 15 members; in 2013, the City Council each appointed one member (5 members), with two (2) additional members selected by the majority of the Council-appointed committee members.
City Charter Review
February 7, 2023
These committee members were tasked with reviewing potential Charter amendments and made recommendations to the City Council for consideration. However, the City Council ultimately decided what amendments would be placed on the ballot for voter approval. State law requires that Charter amendments be approved by a vote of the people at an established statewide general municipal election (November even number years; i.e., November 2024).
Charter Review Process:
At the request of Council Member Leon, the item before the City Council is to consider approval to conduct a review of the City’s Charter and direct staff to commence a Charter review process, including the creation and composition of a Charter Review Committee, scope of work of the Committee, and timeframe for delivery of the final report.
For any proposed Charter Amendments to be considered by the November 2024 General Municipal Election, below is a proposed timeline of action:
DATE ACTION
February 2023
(Council Meeting: February 28)
Resolution Creating Charter Review
Committee
March – April 2023 Application Period for Committee Members May 2023
(Council Meeting: May 2 or 16)
Appointments to the Committee
July 2023 -February 2024 Charter Review Committee in Session November 2023 Charter Review Committee Update/Report to the City Council
March 2024 Charter Review Committee Recommendations
and Final Report Due
April - June 2024 City Council to consider Charter Amendments for placement on ballot
(Election Code Deadline: August 9, 2024)
November 5, 2024 Election Day
Upon receiving City Council direction to proceed, staff will return with a resolution, commence a recruitment process, and present to the City Council for appointment. The resolution will outline City Council’s criteria for eligible applicants, which may include:
being an registered voter of Anaheim, demonstrate knowledge of how government operates, and be agreeable to the time commitment required during the Charter review process. The Charter Review Committee is expected to meet at least twice a month, during the eight-month period. Additionally, all committee meetings will be subject to the Brown Act and will be held in a public forum.
The resolution will also outline City Council’s direction in the scope of work of the committee, which can include a comprehensive review of the current City Charter and specific amendments to the City Charter. The Committee may also be directed to consider matters specifically requested by a Council Member or City Council, including input from the public. To facilitate the process, staff recommends authorizing a City Charter Review
February 7, 2023
selection of an expert in the area of municipal government who has significant experience with charter reviews. This recommendation is consistent with the practice of other cities, as well as what was conducted in 2013.
It is anticipated that the Charter Review Committee will conclude its work in February 2024, in order to present its Final Recommendations and Report in March 2024, to allow City Council sufficient time to review and consider measures to place on the November 2024 General Municipal Election ballot.
IMPACT ON BUDGET:
There is an anticipated impact to the City’s budget to conduct a review of the City’s Charter. Costs associated with the Charter review process includes fees relating to translation services, outreach materials, and the use of outside consulting services.
Additional costs may be incurred should the City Council decide to place charter amendments on an upcoming ballot. If approved, costs will be incorporated into the proposed 2023/2024 budget.
Respectfully submitted, Concurred by,
Jim Vanderpool Robert Fabela
City Manager City Attorney
Concurred by,
Theresa Bass
City Clerk
Attachment:
1. City Charter