1 STAFF REPORT
DATE: January 10, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Kimberley Clark, City Clerk
BY: Melissa Dekermenji, CMC, Records Manager
SUBJECT: Appointment of One New Member to the Charter Review Committee
RECOMMENDATION
Provide direction to staff on the appointment process for the Charter Review Committee vacancy created by the resignation of Vice-Mayor Schultz’ appointment, Gavin Cho.
BACKGROUND
All board, commission and committee members shall serve without compensation from the City. No person shall serve on more than one board, commission, or committee at the same time, with the exception of the Charter Review Committee. In addition, all applicants must be electors of, and reside in, the City of Burbank with the exception of three positions on the Burbank Cultural Arts and the Sustainable Burbank Commissions.
In 2005, a Charter Review Committee (Committee) was selected and worked for nearly one year to revise and update the City of Burbank Charter (Charter). On October 24, 2006, the recommendations from this Committee were presented to the City Council.
After some discussion of the Committee’s recommendations, the City Council adopted Ordinance No. 3711 on November 14, 2006, which called for a Special Election to be held in conjunction with the April 10, 2007, General Municipal Election on the proposed revised Charter. Those changes approved by the voters were sent to the State of California for approval and filing according to law. One of t he 2007 amendments requires a review of the Charter every five years by the Charter Review Committee, and submission of a report to the City Council on whether or not a comprehensive Charter review is recommended.
The City of Burbank Charter Section 1400 Charter Amendment states:
“Not more than five (5) years following completion of the previous Charter review or the completion of the citizen committee review as provided in this paragraph, whichever is CITY CLERK’S
OFFICE
2 most recent, the Council shall appoint a citizen committee of five (5) members, one (1) appointed by each Council Member, to consider the Charter and advise the Council whether a comprehensive Charter review is necessary. The committee may recommend a full review, a limited, focused review, or no review. Upon such recommendation the Council may appoint a full Charter Review Committee, the number and appointments of which shall be deter mined by the Council, to determine what, if any, Charter changes should be placed before the voters.”
Since 2007 there have been two Charter reviews. On July 19, 2011, the C ity Council advertised on the City website for anyone interested in serving on the five- member committee with direction to contact a Council Member if they were interested, and to ensure the information included a description of the expectations and duties. On August 30, 2011, the Burbank City Council appointed five (5) individuals to serve on the Committee and upon City Council consensus, they were to report back to the City Council in 60 days or sooner, or otherwise indicate they needed more time to deliberate. The Committee met for the next several months and provided its results in a letter to the City Council dated January 12, 2012, which was presented to the City Council along with its recommendations on March 20, 2012.
As stated in the City of Burbank Charter, five (5) years later on August 9, 2016, the Charter Review Committee was selected by appointment from each City Council Member . For appointment to the 2016 Committee, Council did not have the City Clerk advertise the opportunity. The Committee met for the next several months and provided its results in a memo dated May 8, 2017, which was presented to the City Council along with its recommendations on June 13, 2017.
On December 14, 2021, the City Council directed the City Clerk to advertise for the five (5) positions on the Charter Review Committee. Based on Charter Section 1400, the Council was required to appoint a new Charter Review Committee no later than May 8, 2022, which was five (5) years from completion of the last Committee’s review.
On March 15, 2022, the City Council each selected one individual to be appointed to the Charter Review Committee (in appointment order):
Mayor Talamantes Alejandro Escobar
Council Member Frutos Christopher Rizzotti
Council Member Springer Gloria Salas
Vice Mayor Anthony Kevin Muldoon
Council Member Schultz Gavin Cho
On August 9, 2022, the City Council reviewed the 2022 Charter Review Committee recommendations and by roll call voted 4-0 (Anthony, Absent) to re-appoint the Existing Committee Members to conduct a full review of the City Charter.
3 DISCUSSION
On January 4, 2023, the City Clerk's Office received a resignation email from Committee Member Gavin Cho, who is no longer able to serve due to school obligations. Pursuant to Burbank Municipal Code Section 2- 1-403, vacancies on boards, commissions, or committees occurring during the term of office shall be filled within ninety (90) days from the date the vacancy occurs. Any person appointed to fill a vacancy shall hold office for the remainder of the unexpired term.
Under Charter Section 1400, Council may appoint members to the Charter Review Committee in any way it chooses. Two options are:
1. City Council could vote to have Vice Mayor Schultz appoint a new member, without the need of advertising the opening as Gavin Cho was his selection. Vice Mayor Schultz can make his appointment and report his decision at the next scheduled Council meeting on January 24, 2023. Due to the scope of work that the Committee has currently undertaken, having a full Committee in place prior to the upcoming Committee meeting (scheduled for February 16, 2023) would allow their work to move forward in a timely manner.
2. City Council could direct the City Clerk to advertise for the vacancy. The City Clerk would advertise the vacancy for 30 days, accept applications, and provide the qualifying applications to the City Council for consideration. The City Council would then vote on the applicants and the new member would be appointed by a three- fifths (3/5) vote of all the Council Members.
FISCAL IMPACT
There is no fiscal impact associated with this item.
CONCLUSION
The City and the community both realize substantial benefits from civic involvement.
Appointments to the boards, commissions, and committees help to encourage public participation in the governmental process and ensure Burbank residents have a voice.
ATTACHMENT
None.