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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