TO: HONORABLE MAYOR FROM: Sarah Zárate
AND CITY COUNCIL
SUBJECT: PROPOSED BALLOT MEASURE DATE: May 23, 2022
ON CITY CHARTER AMENDMENT
FOR NOVEMBER 8, 2022 GENERAL
ELECTION
Approved Date
5/27/2022
RECOMMENDATION
(a) Consider options. including the equity framework as shown in the two resolutions presented, for a proposed ballot measure for the November 8, 2022 statewide general election to amend the San José City Charter to make the board governing municipal political campaigns a Charter-level commission; allow residents who are not electors and/or citizens to serve on the Planning, Civil Service, and Salary Setting Commissions; update Charter language to be gender neutral; and require the City Council to adopt equity values, standards, and assessment processes.
(b) Consider the Administration’s update on outreach regarding adding a Native Land Acknowledgment recognizing San José’s indigenous ancestors to the proposed Charter amendments.
(c) Adopt a resolution of the City Council:
(1) Calling and giving notice, on its own motion, for a Special Municipal Election to be consolidated with the statewide general election on November 8, 2022, to submit to the electors of the City of San José (City) the following measure:
Shall the City Charter be amended to add the City’s ethics and elections commission (Board of Fair Campaign and Political Practices) to the Charter; remove requirements that members of the Planning, Civil Service, and Salary Setting Commissions be electors and/or citizens; remove gender-specific language; and require the City Council to adopt equity values, standards, and assessments in making certain decisions?
(2) Directing the City Clerk, pursuant to California Elections Code section 12111, to cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the Mercury News, a newspaper of general COUNCIL AGENDA: 06/07/22
FILE: 22-844
ITEM: 3.5
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
circulation within the City of San José, instead of printing the full text of the measure in the Sample Ballot;
(3) Authorizing the City Council or any member or members of the City Council to submit a ballot argument in favor of the measure, pursuant to California Elections Code section 9282;
(4) Authorizing the submittal of rebuttal arguments pursuant to California Elections Code section 9285;
(5) Directing the City Attorney to prepare an impartial analysis of the measure pursuant to California Elections Code section 9280; and
(6) Directing the City Clerk to take all other actions necessary to place this measure on the November 8, 2022 ballot.
OUTCOME
If the City Council approves this item, the measure will be placed on the November 8, 2022 ballot that, if approved, will amend the City Charter to:
• Require that the City have a commission to govern ethics and municipal elections and campaigns (the current Board of Fair Campaigns and Political Practices was established under the San José Municipal Code, not the City Charter); • Allow San José residents who are not qualified electors and/or U.S. citizens to serve on the City’s Planning Commission, Civil Service Commission, and Salary Setting Commission;
• Update Charter language to be gender neutral; and
• Require the City Council to adopt a statement of values around social equity, as well as creating standards and assessment processes for equity.
BACKGROUND
The San José City Charter provides a framework for governing the City. It serves as the City’s Constitution. San José voters first adopted a City Charter in 1916. Changes to the City Charter, both minor and significant, must be approved by the voters who reside in the City of San José.
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
In 2021, the City of San José convened its first Charter Review Commission in 35 years. The 2021 San José Charter Review Commission issued its final report to the City Council on December 3, 20211.
On January 11, 2022, the City Council accepted the 2021 Charter Review Commission’s Final Report. Attachment A provides a timeline of the actions the City Council has taken and is scheduled to consider related to the recommendations of the 2021 Charter Review Commission.
This report focuses on the City Council’s direction from the April 11, 2022 Special Meeting to bring forward a ballot measure (or measures) for voter consideration at the November 8, 2022 general election.
ANALYSIS
Based on the direction from the April 11, 2022 Special Meeting of the City Council, the Administration has drafted the following potential ballot language for City Council consideration:
Shall the City Charter be amended to add the City’s ethics and elections commission (Board of Fair Campaign and Political Practices) to the Charter; remove requirements that members of the Planning, Civil Service, and Salary Setting Commissions be electors and/or citizens; remove gender-specific language; and require the City Council to adopt equity values, standards, and assessments in making certain decisions?
Ballot questions are limited to 75 words under the California Elections Code. The ballot question must also be a true and impartial statement of the purpose of the measure and cannot be argumentative or likely to create prejudice for or against the proposed measure.
Additionally, the City Clerk, as the City’s elections official, is required to publish a synopsis of the measure at least one time not later than one week before the election in a newspaper of general circulation in the San José. City Council may also authorize the printing of the full text of the amendments to the City Charter in the Voter Guide. Recent practice has been to publish this in the Mercury News and to post this information on the City Clerk’s election website; not print the full text of the measure in the Voter Guide.
Separate from this memorandum, the City Attorney will provide City Council with a resolution and with the sections of the Charter proposed for amendment with proposed amendments in redline format. Furthermore, the City Attorney, in accordance with the Elections Code, will prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the proposed measure.
1 2021 Charter Review Commission Final Report:
https://sanjose.legistar.com/View.ashx?M=F&ID=10354189&GUID=F27DF619-F273-4C05-9292- E375FFA42E45.
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
Amendments to the Charter
The City Council directed that the Administration bring forward a measure or measures incorporating several of the Charter Review Commission’s proposed amendments. The Administration has proposed one measure that incorporates all of the proposed changes, which will save the City the cost of placing additional measures on the ballot. This was the approach taken with Charter amendments in 2018 and 2020.
The proposed measure includes the following amendments:
1. Adding the City’s ethics and elections commission, the Board of Fair Campaign and Political Practices, to the Charter. Currently, this Board is included in the San José Municipal Code, which may be amended by City Council, rather than in the City Charter, which can only be amended by a majority vote of the people of San José.
2. Eliminating requirements that members of the Planning Commission be registered electors and U.S. citizens. Members would still be required to have lived in San José for one year prior to service and throughout their term on the commission.
3. Eliminating requirements that members of the Civil Service and Salary Setting Commissions be qualified electors (eligible to vote) in San José. Members would still be required to be San José residents.
4. Removing gender-specific language from the City Charter.
5. Requiring the City Council to adopt equity values, standards, and assessments in making certain decisions.
Policy Considerations – Native Land Acknowledgment
The Charter Review Commission recommended adding a Native Land Acknowledgment to the City Charter and provided specific language to be added to the City Charter (Recommendation 7 from the April 11 Special Meeting). At the Special Meeting, the City Council directed the Administration to engage with local tribal organizations prior to bringing forward the Native Land Acknowledgment language to include in a potential measure to amend the City Charter. As such, staff worked and consulted with Shannon Rivers, a Native American spiritual advisor and mediator, to help guide the process with urgency and diligence. It was particularly important to plan around the schedules of Chairpersons from Muwekma Ohlone Tribe and Tamien Nation, as both claim direct lineage to Santa Clara Valley territory. There was also thoughtful planning to ensure the convening was culturally responsive and honored the traditions of Native/First Nations Peoples and centered on the values of inclusion, belonging, solidarity, and commitment.
The convening was held on Friday, May 13, 2022. While every effort was made to ensure inclusion of both the Muwekma Ohlone Tribe and the Tamien Nation in this gathering, members of Muwekma Ohlone decided to not participate as they determined that the proposed Land Acknowledgement submitted to the Charter Review Commission was representative of their views and did not require any revisions. Nevertheless, staff and the consultant determined that it was important to honor and listen to the people who attended. The consultant facilitated the
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
discussion of the proposed Land Acknowledgement and provided the opportunity for the Chairperson of Tamien Nation to reflect on and provide input into the draft statement. As a result, proposed language and revisions were offered and considered by the Administration.
The desired outcome was that both Muwekma Ohlone and Tamien Nations representatives would have discussed and worked together towards an agreement on the language. In absence of a collaborative agreement from both groups, staff revised the proposed Land Acknowledgement statement to incorporate feedback provided by Tamien Nation. The draft statement was then shared with both Muwekma Ohlone and Tamien Nation chairpersons for additional input.
Chairperson Quirina Geary from Tamien Nation accepted the revisions produced by the City.
Chairperson Charlene Nijmeh from Muwekma Ohlone opposed the revised version and asked that the originally proposed statement remain intact.
The Administration would like to continue discussions with both tribal nations and develop a land acknowledgment that encompasses the complexity of San José’s history and honors our indigenous ancestors. However, the timeline for placing a ballot measure on the November 2022 ballot does not allow for meaningful collaboration and dialogue. Unfortunately, the process, while well-intentioned, was not fully inclusive and resulted in the disagreement before us today.
The Administration cannot in good conscience recommend placing this amendment on the ballot at this time
.
Policy Considerations – Equity Values, Standards, and Assessments
Attachment B provides the Charter Review Commission’s recommended Charter amendment language around equity values, standards, and assessments.
As discussed in the staff report from the April 11, 2022 Special Meeting, Recommendations 9 and 10 capture much of the work the City has already embarked on in the areas of racial and social equity, as well as current best practices in the field. The Commission’s recommended language in Attachment B is detailed and specific, and if approved, could only be changed by going back to the voters of San José. This approach would limit the City Council’s ability to respond to continued learnings and public policy advancements regarding racial equity, changing circumstances, and changing needs without the cost and effort of an election. The Administration notes that the current cost for a citywide ballot measure is $620,000 when combined with a mayoral or other citywide election, and $1.6 million when not. Additionally, there is no guarantee that voters will approve future amendments.
The City Council has a spectrum of policy options that it could consider to meet the intent of these recommendations, including the City Charter, ordinances adopted and placed in the San José Municipal Code, City Council Policies placed in the City Council Policy Manual, and resolutions of the City Council. As our City’s Constitution, the City Charter is the most permanent and least flexible policy action available to the City.
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
If City Council wished to take a hybrid approach, highlighting the importance of racial and social equity in the City Charter, but maintaining flexibility to modernize over time, an option would be to take an approach similar to that used for the Code of Ethics (Section 607 of the City Charter), which states that the Mayor and Council shall adopt and maintain a Code of Ethics and provides general guidance (including the requirement that the Mayor hold a biennial ethics review and that a two-thirds vote of the Council is required to lessen any ethical standards in the adopted regulations).
Along those lines, one option would be to add a section to the City Charter as follows:
SECTION 608. Equity Values
The Mayor and City Council shall adopt and maintain a statement of values regarding racial and social equity, inclusion, and racial and social justice to provide guidance to City officers and employees in their conduct while discharging their public responsibilities, including development and implementation of decisions, policies, budgets, programs, standards, assessments, and practices of the City of San José.
This could either be a standalone section, as shown above, or included within the Code of Ethics.
Election Requirements
The Administration is recommending the City Council approve the recommended actions related to calling the election and each recommendation is based on past practices in other elections, most recently for the June 2022 election.
• Publishing a synopsis of the proposed measure in the Mercury News, a newspaper of general circulation within the city of San José, instead of printing the full text of the measure in the Sample Ballot;
• Authorizing the City Council or any member or members of the City Council to submit a ballot argument in support of the measure;
• Authorizing the submittal of rebuttal arguments;
• Directing the City Attorney to prepare an Impartial Analysis of the measure in accordance with California Elections Code 9280; and
• Directing the City Clerk to take all other actions necessary to place this measure on the November 8, 2022 ballot.
However, City Council also has the option under the California Elections Code to print the full text of the measure in the voter information guide, at additional cost; and/or decline to allow the submission of rebuttal arguments.
The deadline to submit a ballot measure to the voters for the November 8, 2022, election is Friday, August 12, 2022. The City Clerk has fixed Tuesday, August 16, 2022 at noon as the
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
deadlines for arguments for or against the measure to meet the deadline established by the County of Santa Clara Registrar of Voters.
If the City Council wishes to allow rebuttal arguments, the City Clerk may accept rebuttal arguments from either the author(s) of a primary argument in support of or in opposition to a ballot measure, or any other person(s) authorized in writing by the author(s) to submit a rebuttal argument. Rebuttal arguments may not exceed 250 words and may be signed by no more than five persons. The City Clerk has fixed Tuesday, August 23, 2022 at noon as the deadline for Rebuttals, to meet the deadline established by the County of Santa Clara Registrar of Voters.
CONCLUSION
As directed on April 11, 2022, this item allows the City Council to adopt a resolution calling a Special Municipal Election to be held on and consolidated with the statewide general election on November 8, 2022, to submit to the voters a measure making the amendments to the City Charter as described above.
EVALUATION AND FOLLOW-UP
Approval of this item will place a ballot measure on the November 8, 2022, ballot, which if approved by a majority of voters will amend the City Charter as described above. This implements the direction from the April 11, 2022, Special Meeting of the City Council regarding the recommendations of the 2021 Charter Review Commission.
CLIMATE SMART SAN JOSE
The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC OUTREACH
The 2021 Charter Review Commission conducted public outreach, as described in its final report. Since the April 11, 2022 Special Meeting of the City Council, staff met on May 13, 2022 with representatives of local indigenous tribes to discuss the Native Land Acknowledgment, as described above. In addition, this memorandum will be posted on the City’s Council Agenda website for the June 7, 2022 City Council meeting.
HONORABLE MAYOR AND CITY COUNCIL
May 23, 2022
Subject: Potential Amendments to the City Charter
COORDINATION
This memorandum has been coordinated with the City Attorney’s Office, City Clerk’s Office, City Manager’s Budget Office, and City Manager’s Office of Racial Equity.
COMMISSION RECOMMENDATION/INPUT
The proposed ballot measure would implement several recommendations of the 2021 Charter Review Commission.
COST SUMMARY/IMPLICATIONS
Placing a citywide measure on the November 2022 ballot is estimated to cost approximately $620,000. The 2022-2023 Proposed Operating Budget allocates a total of $2.5 million to the Elections and Ballot Measures City-Expenses budget. This amount includes the assumption of one citywide measure placed on the ballot, in addition to the general election for Mayoral and Council elections. The City Clerk will release a supplemental memorandum detailing election- related costs.
CEQA
Not a Project, File No PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment.
/s/
SARAH ZÁRATE
Director, Office of Administration,
Policy and Intergovernmental Relations
The principal author of this memorandum is Michelle McGurk, Assistant to the City Manager.
For questions, please contact Sarah Zárate, Office of Administration, Policy and Intergovernmental Relations at [email protected].
Attachments:
A. City Council Actions Related to the Recommendations from the 2021 Charter Review Commission (Timeline)
B. Charter Review Commission’s Proposed Amendments regarding Equity and Inclusion (Recommendations 9 and 10)
ATTACHMENT A
City Council Actions Related to the Recommendations of the 2021 Charter Review Commission (Timeline)
Date City Council Actions
January 11, 2022 Accepted the 2021 Charter Review Commission’s Final Report. Directed the City Manager and City Attorney to:
1. Return with a potential ballot measure for the June 2022 election, which would move mayoral elections to be held concurrently with presidential elections, beginning in 2024.
2. Schedule one Special Meeting to review and discuss the Charter Review Commission’s recommendations, including analysis of implementation costs, policy considerations, and other issues to facilitate Council prioritization of the recommendations.
3. Schedule a second Study Session to examine extending municipal voting eligibility to all City residents. This session is scheduled for August 2022.
February 15, 2022 Approved placing a measure on the June 7, 2022 ballot, which would amend the City Charter to hold mayoral elections concurrently with presidential elections, beginning in 2024.
April 11, 2022 City Council considered 15 non-public safety recommendations from the Charter Review Commission. City Council approved a memorandum from Councilmembers Cohen and Jimenez, with some amendments, as outlined below. (Note: Recommendation numbering corresponds to the staff report and Councilmembers’ memoranda.)
• Decline Recommendations 1 (City Manager appointment), 2 (future Charter Review Commissions), and 11 (department audits). For Recommendation 1, the Administration was directed to return with a draft City Council Policy for Council
consideration.
• Return in 2025 to consider expansion of the City Council (Recommendation 3).
• Recommendation 5 (elevate the Board of Fair Campaigns and Political Practices to the City Charter) was recommended to be included in a future Charter amendment ballot measure, but the City Council did not specify a timeframe. (Note: The
Administration is recommending including this in a single measure with Recommendations 6a and 8-10.)
• For Recommendations 6a and 7-10, bring forward in June one or more ballot measures for City Council to consider placing on the November 8, 2022 ballot. (Note: These recommendations are discussed in depth in this memorandum.)
• For Recommendations 6b and 6c regarding training and stipends for members of boards and commissions, bring forward a
Manager’s Budget Addendum outlining potential costs.
• For Recommendation 7 (Native Land Acknowledgment), conduct additional outreach with tribal representatives prior to returning to Council in June.
• Refer Recommendations 12-15, which do not require a ballot measure and can be implemented by Council action, to the Citywide Roadmap prioritization process in May 2022.
• The City Council separately considered on Recommendation 4 (Implement Ranked-Choice Voting). This failed on a 3-7 vote.
May 10, 2022 City Council discussed the public safety-related recommendations from the Charter Review Commission together with the recommendations from the Reimagining Public Safety Advisory Committee.
May 16, 2022 City Council approved the Citywide Roadmap and conducted the prioritization exercise for 2022-2023. Among the items considered were several recommendations from the Charter Review Commission, including policy recommendations that do not require Charter amendments, as well as recommendations related to public safety. None of these were added to the Roadmap or prioritized in the Roadmap Backlog Top 10 for 2022-2023.
August or
September, 2022
City Council will hold a Study Session to discuss a potential Charter amendment to extend municipal voting to San José residents who are not U.S. citizens, including how such an amendment might be implemented.
ATTACHMENT B
Charter Review Commission’s Proposed Amendments regarding Equity and Inclusion
Establish Equity Values, Equity Standards, and Equity Assessments (Recommendation 9)
Add a new section to the Charter, “ARTICLE VI SECTION 610 Statement of Values” as follows:
To the extent permitted by law, the people of the City of San José affirm that the decisions, policies, budgets, programs, and practices of the City of San José shall be guided by the principles of racial and social equity, inclusion, and racial and social justice. Section 611 Definitions For the purposes of this Article, the following definitions shall apply:
(a) “Racial and social equity” shall mean the condition that would be achieved if one’s group identity – based on categorizations that have experienced discrimination including race, aspects of neurodiversity, and sexual orientation - no longer predicted, in a statistical sense, how one fared.
(b) “Inclusion” shall mean bringing traditionally excluded individuals and/or groups into processes, activities, and decision/policy making in a way that shares power. “Racial and social justice” shall mean the systematic and proactive fair treatment of, and allocation of resources for, people of all races and all group categorizations that have experienced discrimination resulting in equitable opportunities and outcomes for all.
Add a new section to the Charter, “ARTICLE VI SECTION 612 Equity Standards” as follows:
To advance the values in Section 610 and to the extent permitted by law, the City will endeavor to meet all of the following objectives for the residents of the City of San José. When endeavoring to meet these objectives, the City shall recognize that diverse communities may require diverse approaches and programs and that factors such as unresponsive or exclusionary political systems, low wage employment or other economic factors, environmental or occupational health hazards, inadequate access to health services, discrimination or abuse, or other conditions of exclusion or hardship impose greater burdens on some residents than others, and, therefore, as necessary the City shall adopt policies and service levels different from those specified in Section 612 (a) through (i) primarily to achieve equity across individuals and groups as a countermeasure to inequitable levels of burden.
(a) Safety: Every resident shall be as entitled to live free from harm or threat of harm from other persons, private institutions, or city agencies as every other resident.
(b) Environmental Health: Every resident is as entitled to live in an environment with clean air, soil, and water as every other resident.
(c) Water and Sanitation: Every resident is as entitled to have access to clean water supplies for personal and domestic use and adequate sanitation services as every other resident.
(d) Parks and Recreation: Every resident shall be as entitled to access to parks, recreational opportunities, community centers, and urban green spaces as every other resident.
(e) Mobility and Transportation: Every resident is as entitled to well-maintained and lighted streets and roadways, signage, and other mechanisms to assure pedestrian and vehicle safety, and the opportunity for walking and biking as every other resident.
(f) Economic Development: Residents of every part of the city are as entitled to the benefits of public economic development investments as residents of every other part of the city.
(g) Housing Standards: Every resident is as entitled to the protections provided by city enforcement of housing codes as every other resident.
(h) Workforce Protection: Every person who is employed within the city is as entitled to protection against injury, discrimination, and wage theft as every other employee.
(i) Neighborhood Amenities: Residents of every neighborhood are as entitled to amenities provided by the city such as cultural presentations or library services as residents of every other neighborhood.
Nothing in this Section is intended to nor shall be construed to create a binding funding obligation for the City or cause of action against the City.
Add a new section to the Charter, “ARTICLE VI SECTION 613 Equity Assessment” as follows:
(a) An equity assessment shall be conducted for the annual operating and capital budgets as contained in the Recommended Budgets generated by the City Manager each fiscal year and for major policies and programs to be decided upon by the City Council. The determination as to whether a policy or program is “major” and will require an assessment shall be made by a majority vote of the City Council or by the submission of petitions with at least 2,500 signatures from residents of the city. The process for determining when a policy or program is major, including the process for the submission of petitions, will be established by the City Council.
(b) The Assessment shall include the following elements:
i. Does the proposed change have any disproportionate impact on racial or ethnic minorities and/or people of low-income and/or other group categorizations that have experienced discrimination?
ii. Does the proposed change increase or decrease the level of representation of racial or ethnic minorities and/or people of low-income and/or other group categorizations that have experienced discrimination in city decision-making? iii. Does the proposed change increase or decrease the extent to which city officials and staff are accountable to racial or ethnic minorities and/or low-income people and/or other group categorizations that have experienced discrimination?
iv. Does the proposed change increase or decrease the access of ethnic or racial minorities and/or low-income people and/or other group categorizations that have experienced discrimination to city decision-making?
v. Does the proposed change increase or decrease the extent to which ethnic or racial minorities and/or low-income people and/or other group categorizations that have experienced discrimination receive a fair share of city services and benefits? vi. Does the proposed change increase or decrease the safety and security of ethnic or racial minorities and/or low-income people and/or other group categorizations that have experienced discrimination?
vii. Does the proposed change increase or decrease the ability of the city to meet significant needs of ethnic or racial minorities and/or low-income people and/or other group categorizations that have experienced discrimination?
(c) Equity Assessments shall be presented at a public hearing. The final draft of the Assessment must be published a minimum of two weeks before the date of that hearing.
(d) For the purposes of this Section:
i. “Access” shall mean the ability to secure information about decision-making and participate in the decision-making process to the extent permitted or authorized by law.
ii. “Accountability” shall mean the ability to lawfully impose positive or negative consequences on decision-makers.
iii. “Preparation of Equity Assessments” must include outreach to, and communication with, constituencies likely to be affected by the proposal being assessed. iv. “Representation” shall mean the ability to affect who will be making decisions that impact a constituency and what the outcome of a decision-making process will be.
Address Equity and Inclusion in City Programming and Budgeting (Recommendation 10)
NOTE: The following amendments reference the proposed new ARTICLE VI sections in the preceding “Establish Equity Values, Equity Standards, and Equity Assessments” recommendation, “SECTION 610 Statement of Values,” “SECTION 611 Definitions,” “SECTION 612 Equity Standards,” and “SECTION 613 Equity Assessment.”
Amend “ARTICLE IV THE COUNCIL, SECTION 411.1 Department Heads; Policy Objectives; Consent to Hire” as follows:
The Council shall adopt a written Statement of Policy for each City Department which is under the administration of the City Manager. Said Statement of Policy shall set forth the board goals, objectives and aspirations to be accomplished by that Department. The Statement of Policy shall adhere and follow specific criteria as set forth in “ARTICLE VI SECTION 610 Statement of Values.”
Amend “ARTICLE V THE MAYOR, SECTION 502 The Mayor; Powers and Duties” as follows:
The Mayor shall have the following duties:
(d) If the Mayor recommends any increases in the City budget, the Mayor shall recommend the method of financing such expenditures and ensure that both the methods for financing and the recommendations for increases adhere to ARTICLE VI SECTIONS 610, 611, 612, and in particular 613 Equity Assessment. If the Mayor proposed the curtailment of any services, the Mayor shall provide specific recommendations and the reasons for the proposal. If the Mayor, upon receiving an Equity Assessment, as set forth in ARTICLE VI SECTION 613 Equity Assessment, which results in portions of the budget that do not adhere to ARTICLE VI SECTIONS 610, 611, 612, and 613, shall recommend remedial action.
Amend “ARTICLE VII CITY MANAGER, SECTION 701 City Manager; Power and Duties” as follows:
(e) The City Manager shall prepare and submit the annual budget to the Council in accordance with the provisions in Section 1204. Each section of the budget will be evaluated in accordance with ARTICLE VI SECTION 613 Equity Assessment and adjusted to adhere with ARTICLE VI SECTION 612 Equity Standards.
(f) The City Manager shall submit a complete report on the finances and administrative activities of the City as of the end of the preceding fiscal year…. The annual report will address in detail to the provisions in ARTICLE VI SECTIONS 610, 611, 612, 613.