HomeMy WebLinkAbout- Item 1 - Consider Proposed City Charter - 7/31/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: July 31, 2012
ITEM NUMBER:
SUBJECT: PUBLIC MEETING TO CONSIDER PROPOSED CITY CHARTER AND PLACEMENT ON
THE BALLOT FOR THE NOVEMBER 6, 2012 STATEWIDE GENERAL ELECTION
DATE: JULY 25, 2012
FROM: CITY ATTORNEY'S OFFICE
CITY CLERK'S OFFICE
PRESENTATION CITY ATTORNEY'S OFFICE
BY:
FOR FURTHER INFORMATION CONTACT: Christine Cordon, Acting Deputy City Clerk,
(714) 754-5121
RECOMMENDATION:
Consider the approval of the following resolutions:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, PROPOSING A MEASURE FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION WHETHER THE CITY
OF COSTA MESA SHALL ADOPT THE PROPOSED CHARTER, THE
ADDITION OF SUCH A MEASURE TO THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2012 AS CALLED BY
RESOLUTION NO. 12-37, AND THE REQUESTING OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6,
2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE.
Recommendation: Adopt resolution.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENT(S) REGARDING A CITY MEASURE CONCERNING THE
ADOPTION OF A PROPOSED CITY CHARTER AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
Recommendation: Adopt resolution.
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR CITY MEASURE CONCERNING THE ADOPTION
OF A PROPOSED CITY CHARTER SUBMITTED AT THE GENERAL
MUNICIPAL ELECTION ON NOVEMBER 6, 2012
Recommendation: Adopt resolution.
BACKGROUND:
In the fall of 2011, the City Council asked the City Attorney to research the benefits and
variations of a charter form of city government, which would shift control over strictly
municipal affairs from Sacramento to Costa Mesa.
Using an initial first draft of the proposed charter as a starting point, the City sought
comments on the charter through various media outlets; through public comments at the
December 6, 2011 and January 3, 2012 City Council meetings; and at a charter
informational meeting held at the Costa Mesa Neighborhood Community Center (NCC)
on January 5, 2012. The proposed charter resulting from this process was originally
approved for placement on the June 5, 2012 ballot. However, due to a clerical error in
the City Clerk's office, the proposed charter was not placed on the June 5, 2012 ballot.
Staff was asked to restart the process for the purpose of placing a proposed charter on
the November 6, 2012 ballot. On June 5, 2012, the City Council held its first public
hearing regarding the proposed charter, and directed staff to make changes to the
proposed charter. On July 10, 2012, the City Council held its second public hearing
regarding the proposed charter with the changes it directed staff to make at the
conclusion of the June 5, 2012 public hearing.
ONAI YSIS•
At the conclusion of the July 10, 2012 public hearing, the City Council did not direct staff
or the City Attorney to make any revisions to the proposed charter at that time.
However, the City Attorney's office advised the City Council that it would conduct a final
review of the proposed charter, and make any further recommendations as it applies to
revising the proposed charter. The City Attorney's office has conducted its final review
and its final additional recommended changes are reflected in the Third Draft of the
Proposed Charter (Attachment 1), with a blacklined version of the proposed charter in
Attachment 2.
In addition to approving the resolutions, the Council could provide direction in two
additional areas:
1. Should the entirety of the proposed charter be included in the sample ballot from
the Orange County Registrar of Voters? Its inclusion would entail an extra cost
for the additional pages, but it would serve the City's commitment to
transparency by getting a copy of the charter to every registered voter in Costa
Mesa.
2. Should the City embark on an informational campaign that, under the City
Attorney's direction, would provide residents with nonpartisan information about
the proposed City charter? For instance, the City could produce advertisements
for local media that would feature the proposed charter with side notes on what
each provision would do and/or how each provision would be different than how
the City currently operates.
ALTERNATIVES CONSIDERED:
FA
Council can choose to direct staff and the City Attorney to discontinue the process of
placing a proposed charter on the November 6, 2012 ballot.
FISCAL REVIEW
Whether or not a proposed charter is placed on the November ballot, in the normal course
of business, the City would consolidate its scheduled city elections with the statewide
election in November. If placed on the November 2012 ballot, the Registrar of Voters
estimates the cost of a consolidated election including the charter to be $78,500 to
$97,500.
LEGAL REVIEW:
The City Attorney's office has reviewed and approved this report and its attachments.
CONCLUSION:
Council is requested to consider the proposed charter for Costa Mesa at the public meeting
scheduled on July 31, 2012 and approve the attached resolutions authorizing placement of
the proposed charter on the ballot for the November 6, 2012 general election, authorizing
the filing of direct arguments and the City Attorney's impartial analysis, and authorizing the
filing of rebuttal arguments.
TOM HATCH
City Chief Executive Officer
DISTRIBUTION: City CEO
City Attorney
City Clerk
Staff
THOMAS P. DUARTE
City Attorney
ATTACHMENTS: 1 Third Draft of Proposed Charter
2 Blacklined Changes from Second Draft
3
Resolution of the City Council of the City of Costa
Mesa, California Proposing a Measure for the
Submission to the Voters of a Question of Whether.
the City of Costa Mesa shall adopt the Proposed
Charter, the Addition of such a Measure to the
General Municipal Election to be Held on November
6, 2012 as called by Resolution No. 12-37, and the
Requesting of the Board of Supervisors of the
County of Orange to Consolidate a General
Municipal Election to be held on November 6, 2012,
with the Statewide General Election to be held on
that Date Pursuant to Section 10403 of the Elections
Code.
• Exhibit A: Ballot Description and Summary
Resolution of the City Council of the City of Costa
Mesa, California, Setting Priorities For Filing Written
Argument(s) Regarding a City Measure Concerning
the Adoption of a Proposed City Charter and
Directing the City Attorney to Prepare an Impartial
Analysis
Resolution of the City Council of the City of Costa
Mesa, California, Providing for the Filing of Rebuttal
Arguments for City Measure Concerning the
Adoption of a Proposed City Charter Submitted at
the General Municipal Election on November 6, 2012
Staff Report and Attachments for July 10, 2012
Public Hearing to Consider the Content of Proposed
Charter and Submission of Proposed Charter to
Voters