TO: Honorable Mayor and Members of the City Council
ATTENTION: Karl H. Berger, City Attorney
SUBJECT: Suppemental Report for Item No. 13-B.
DATE: July 11, 2022
RECOMMENDATION TO CITY COUNCIL
1)Receive and file the survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding a potential City Charter ballot measure; 2)Receive and file this report. Then take no further action; and 3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City will save $165,503.07 by not taking the actions recommended in Agenda Item No. 13-B.
DISCUSSION
Agenda Item No. 13-B recommends placing a City Charter onto the ballot for voter consideration on November 8, 2022. It also recommends receiving survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding that potential ballot measure.
In preparing for the July 11, 2022, I reviewed the City Council’s past actions for drafting and considering the proposed City Charter. Between 2018 and 2022, the City Council held six meetings (3/26/2018; 2/11/2019; 3/11/2019; 10/28/2019; 5/3/22; and 5/23/22) to review, discuss, and ultimately approve the draft Charter included in Item No. 13-B.
Unfortunately, none of these meetings were noticed or conducted as a public hearing.
When the City Council first began consideration of this issue in 2018, an internal schedule of dates was drafted based upon the California statutes that govern the method by which a Charter may be approved by voters (see, p.3). That was subsequently amended in 2018 as an internal working document with revised dates (see, p.4). 1 of 5
Staff Report – City Charter
July 8, 2022
For various reasons, the City Council postponed additional consideration of the City Charter from 2018 until 2019. Between October 2019 and now, however, the internal public hearing schedule was not updated.
California law is very particular regarding the noticing requirements and method for public hearings involving adopting a city charter (a minimum of two public hearings; 21 days for noticing the public hearings; 30 days must elapse between the first and second public hearing; matter may be placed onto the ballot 21 days after the second public hearing).
Based upon those statutes, it is apparent that there is insufficient time to conduct the public hearings and place this matter onto the ballot before the August 2022 deadline established by the Elections Code: a minimum of 51 days is needed but there are only 31 days (from July 11th) until the Elections Code deadline for placing matters on the ballot.
Accordingly, it is recommended that the City Council not take the action recommended in Agenda Item No. 13-B other than to receive and file the survey results from FM3.
If the City Council wishes to proceed with the Charter issue, then the public hearing processes would commence in late 2023 to be completed in time for the November 2024 general statewide election. That is the next election date allowed for a new city charter per Elections Code § 1415.
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1.Charter will be drafted by City Council.
2.Hold first public hearing May 14, 2018 with the CC regarding fact that charter is being proposed and content of proposed charter. (Technically, May 28, 2018 would be sufficient for calculating purposes, but that is Memorial Day…).
a.Public hearing notice posted three public places; 21 calendar days prior to hearing
3. 30 days (or more) later, hold second public hearing with the CC on June 25, 2018 regarding fact that charter is being proposed and content of proposed charter a.Public hearing notice posted three public places by June 4, 2018 (21 calendar days prior to hearing)
4. 21 days (or more) later, Council can place proposed charter on ballot at July 23, 2018 CC Meeting.
a. Vote on charter can proceed under either GC 34458 or EC 1415 i.If there are at least 88 days before the next statewide general election (November 6, 2018), then the proposed charter must be placed on the ballot for that election
b.Charter has to include new city powers that result from the adoption of the charter, including whether the city council will have the power to raise its own compensation and the compensation of other city officials without voter approval. GC 34458.5. c. Copies of the proposed charter must be printed in at least 10-point type. GC 34456. 3 3 of 5
First Opportunity Scenario
1st PH
Post
(1stPH -21)1st PH
2nd PH
(1st PH +30)
2nd PH Post
(2ndPH -21)
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
4/30/18 5/21/18 6/20/18 5/30/18 7/11/18
Last Opportunity Scenario
1st PH
Post
(1stPH -21)1st PH
2nd PH
(1st PH +30)
2nd PH Post
(2ndPH -21)
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
5/15/18 6/5/18 7/5/18 6/14/18 7/26/18
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§ 1415. Charter proposals, CA ELEC § 1415
© 2022 Thomson Reuters. No claim to original U.S. Government Works.1 West's Annotated California Codes
Elections Code (Refs & Annos)
Division 1. Established Election Dates (Refs & Annos)
Chapter 5. Special Elections (Refs & Annos)
West's Ann.Cal.Elec.Code § 1415
§ 1415. Charter proposals
Effective: January 1, 2014
Currentness
(a)(1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255 shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 occurring not less than 88 days after the date of the order of election. (2) The governing body of a city or city and county may direct that either of the following be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election:
(A) A charter proposal that proposes to amend a charter in a manner that does not 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.
(B) A charter proposal that proposes to amend a charter solely to comply with a court injunction or consent decree or with federal or state voting rights laws.
(b) A city or city and county charter proposal that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city or 10 percent of the registered voters of a city and county, pursuant to subdivision (c) of Section 9255, shall be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election.
Credits
(Added by Stats.1996, c. 1143 (S.B.1200), § 34, eff. Sept. 30, 1996. Amended by Stats.2013, c. 184 (S.B.311), § 1.) Notes of Decisions (2)
West's Ann. Cal. Elec. Code § 1415, CA ELEC § 1415
Current with urgency legislation through Ch. 43 of 2022 Reg.Sess. Some statute sections may be more current, see credits for details
End of Document © 2022 Thomson Reuters. No claim to original U.S. Government Works. 5 of 5