Administrative
Report
P.1., File # 22-3935 Meeting Date: 4/5/2022
To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY
TITLE
DISCUSSION AND CONSIDERATION TO ESTABLISH CITY CHARTER REVIEW ADVISORY COMMITTEE.
EXECUTIVE SUMMARY
As part of the Strategic Planning Goal to “Modernize the City’s Communication Systems”, the City Council set an objective that staff provide a report to Council on options to establish a City Charter Review Advisory Committee by April 5th.
BACKGROUND
The previous Charter Review Committee was established by the City Council at its meeting of July 20, 1993 to review the City Charter and recommend amendments thereto by March, 1994. The City Council determined that the Committee would consist of one appointee and an alternate from each of the five Council districts selected by each council member and a non-voting chairman with veto power appointed by the Mayor. (Minutes of City Council meeting on July 20, 1993 p. 20 attached).
After some controversy with the use of the Chairmen’s veto power, the Council more than a year later decided to eliminate the veto power of the chairman and, instead, provided that he should have the right to vote and to make and second motions. (Minutes of City Council meeting August 23, 1994, pp. 7-8 attached).
The Committee held its first meeting on January 25, 1994 and its last meeting on November 18, 1995. (Minutes of City Council Meeting on December 19, 1995 attached). During that time, it considered, evaluated and made recommendations to the City Council on many significant issues affecting the City Charter, which is the “Constitution” of our City. At the first two meetings the Committee organized itself and adopted rules of procedure. Starting with third meeting, Assistant City Attorney Stanley Remelmeyer was assigned as staff liaison to the Committee. Thereafter, Mr.
Remelmeyer and other members of the City Attorney’s Office authored a considerable number of reports. (as set forth in attached Exhibit "A" to the Report of the Charter Review Committee, 1994- 1995). The Committee referred to these reports as “well researched opinions written to guide the Committee through difficult areas of study”.
The Committee determined to conduct regular meetings on the fourth Saturday of each month from 9:00 a.m. to 12:00 p.m. in the Council Chambers at City Hall. The Committee was, and would still be
P.1., File # 22-3935 Meeting Date: 4/5/2022
today, subject to the Brown Act.
The extended term of the Committees service reflects the complexities necessarily involved in rewriting a city’s “Constitution”. The Committee solicited and received input from elected and appointed city officials, boards and commissions, as well as from elected bodies and community organizations. The Committee at its first meeting requested the City Attorney, City Clerk and City Treasurer to report back with items that they believed were necessary measures which should be placed on the ballot as soon as possible. (Report of the Charter Review Committee, 1994-1995 attached).
The Committee considered a number of proposed Charter Amendments. The attached Report of the Charter Review Committee contains a description of those possible amendments and their ultimate outcome.
Should the City Council wish to appoint an advisory Charter Review Committee it should determine the method of appointment of the members, method of removal of the members, and any rules and regulations it wants the Committee to follow.
COORDINATION
The City Attorney coordinated with the City Manager and City Clerk on this item.
FISCAL IMPACT
The previous Charter Review Committee estimated it cost the City approximately $80,000. Most of the cost was incurred in the City Attorney’s and City Clerk’s offices. (See exhibit B to the Report of the Charter Review Committee, 1994-1995 attached) Roughly factoring in inflation, the same work would cost approximately $150,000 today. This would be in addition to the costs associated with placing any proposed Charter amendments on the ballot.
ATTACHMENTS
· Minutes of City Council meeting on July 20, 1993
· Minutes of City Council Meeting on August 23, 1994
· Minutes of Council Meeting on December 19, 1995
· Report of the Charter Review Committee, 1994-1995 including Exhibits A and B