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HomeMy WebLinkAbout14-40 - Adding a Measure to General Election to be held on Nov. 4, 20141 RESOLUTION NO. 14 - 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA PROPOSING A MEASURE FOR SUBMISSION TO THE VOTERS OF THE QUESTION WHETHER THE CITY OF COSTA MESA SHALL ESTABLISH HOME RULE BY ADOPTING THE PROPOSED CHARTER AS APPROVED BY THE CITY COUNCIL, ADDING THE MEASURE TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 AS CALLED BY RESOLUTION NO. 14-26, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE ESTABLISHED IN SECTION 10403 OF THE ELECTIONS CODE WHEREAS, pursuant to authority provided by Article XI of the Constitution, and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Elections Code of the State of California, the City Council of the City of Costa Mesa desires to submit to the voters a proposed charter; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter to the voters; and WHEREAS, on or about May .7, 2013, the City Council of the City of Costa Mesa, California, ("City Council") formed a 13 -member Costa Mesa Charter Committee ("Charter Committee") for the purpose of drafting a proposed city charter; and WHEREAS, on or about June 26, 2013, the Charter Committee held its first meeting, in accordance with the Ralph M. Brown Act, and identified the issues each Charter Committee member wanted to address in a charter; and WHEREAS, the Charter Committee held approximately fifteen (15) meetings to develop ideas and language based on the issues it originally identified along with issues it considered during the process; and WHEREAS, on or about March 18, 2013, a draft of the proposed charter prepared by the Charter Committee was presented to the City Council; and WHEREAS, in accordance with California Government Code § 34458, on or about April 22, 2014, the City Council held a duly noticed public hearing whereby it received public comment and considered the proposed charter along with revisions; and WHEREAS, on or about June 3, 2014, the City Council held its second duly noticed public hearing whereby it received additional public comment and revisions; and Resolution No. 14-40 Page 1 of 4 1 WHEREAS, the City Council has determined that enactment of the proposed charter would be beneficial for the City of Costa Mesa and its residents by establishing "home rule" that gives the City of Costa Mesa ultimate say in all municipal affairs except as restricted by the proposed charter; and WHEREAS, California Government Code § 34458 provides an alternative procedure to the process provided under the California Elections Code in which the City Council may submit the proposed charter to the qualified electors of the City; and WHEREAS, the City Council wishes to submit to the voters of the City at the General Municipal Election to be held with the November 4, 2014 Statewide General Election the proposed charter; and WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 4, 2014, as called by Resolution No. 14-26, adopted on May 20, 2014, for the purpose of the election of council members, and now wishes to submit to the voters at the same general election a question relating to the adoption of a proposed charter by the City; and WHEREAS, the City Council of the City of Costa Mesa wishes to consolidate the General Municipal Election with the Statewide General Election to the same date and that within the city the precincts; polling places and election officers of the two elections be the same; the Orange County Registrar of Voters or other county election department of the County of Orange canvass the returns of the General Municipal Election; and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution, and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Elections Code of the State of California, the City of Costa Mesa requests the Board of Supervisors of the County of Orange consent and agree to consolidate the General Municipal Election with the Statewide General Election on Tuesday, November 4, 2014, for the purpose of submitting to the voters a question whether the City shall adopt the proposed charter establishing home rule as approved by the City Council; Resolution No. 14-40 Page 2 of 4 SECTION 2. That a measure on the following question be proposed to the voters of Costa Mesa and added to the ballot for the General Municipal Election on November 4, 2014, as previously called by Resolution No. 14-26 on May 20, 2014: Y E Shall the City of Costa Mesa establish home rule by S adopting the proposed charter as approved by the City Council? N O SECTION 3. This resolution and the proposed charter, including the full text of the proposed charter attached as Exhibit A along with all applicable documents including the ballot question and ballot summary shall be made available in print and for public examination by the City Clerk, in accordance with California Elections Code §§ 9223 and 9295. SECTION 4. The election day when voters will decide whether the City of Costa Mesa shall adopt the proposed charter is Tuesday, November 4, 2014, pursuant to a separate resolution adopted by the City Council on May 20, 2014 calling a General Municipal Election. SECTION 5. The Orange County Registrar of Voters or other county elections department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 6. The City of Costa Mesa requests the Board of Supervisors of the County of Orange issue instructions to the Orange County Registrar of Voters or other appropriate county elections department to take any and all steps necessary for the holding of the consolidated election. SECTION 7. The City of Costa Mesa recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County of Orange for any such additional costs. SECTION 8. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law. SECTION 9. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being hereby expressly declared that this resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid. Resolution No. 14-40 Page 3 of 4 SECTION 11. The City Clerk is hereby directed to submit to the Orange County Registrar of Voters or other applicable elections official for the County of Orange, as part of the final charter proposal package, the proposed charter along with all applicable documents including the ballot summary and ballot question by the dates set forth by such elections official. SECTION 12. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Orange County Registrar of Voters or other applicable county election department. SECTION 13. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, PP AOPTED this 1St day of July, 2014. Jam i eimer, Mayor ATTEST: AAPPROXASTOORM: arm Brenda Green, y Clerk ,Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14-40 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1 st day of July, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Monahan, Mensinger, Righeimer NOES: COUNCIL MEMBERS: Genis, Leece ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of July, 2014. BRENDA GREEW CITY CLERK Resolution No. 14-40 Page 4 of 4 EXHIBIT A July 3, 2014 City Council of the City of Costa Mesa Ballot Title/Question, Summary and Description Including Enumeration of Powers Pursuant to California Government Code § 34458.5 California Government Code section 34458.5 mandates that a proposal to adopt or amend a charter include a ballot description enumerating the new authorities established by the charter. The enumeration must include, but is not limited to, whether the city council will have the power to raise its own compensation and the compensation of other city officials authorized without voter approval. Ballot Title/Question: Shall the City of Costa Mesa establish home rule by adopting the proposed charter as approved by the City Council? Ballot Summary & Description A vote in favor of Measure changes the City of Costa Mesa ("City" or "Costa Mesa") from a general law city to a charter city. If passed, Measure will establish home rule so that the City controls municipal affairs as defined by the California Constitution and courts. The proposed charter, attached hereto, provides the full language set forth in its provisions. The following is a summary of those provisions. Preamble. The preamble underscores several values that Costa Mesa residents seek in their local government --ethics, integrity, fiscal responsibility and transparency --and declares that the people of Costa Mesa, with the charter, are exercising "the privilege of retaining for the citizens the benefits of local government." The preamble also states that the charter must be adhered to in the strictest legal and moral sense by those who govern, and that fiscal responsibility in the use of public funds is essential to protect and serve Costa Mesa citizens. Section 100. Name of City. Section 100 maintains the name of the City as the City of Costa Mesa. Section 102. Boundaries. Section 102 maintains the City's current boundaries as well as any portion subsequently annexed. Section 104. Powers. Section 104 gives the City full authority over municipal affairs regardless of whether the charter addresses that particular issue. Section 200. Form of Government and Powers. Section 200 establishes a Council -Manager form of government whereby the City Council will establish the policy of the City, and the Chief Executive Officer will carry out that policy. 2014-7-3v2 Section 202. Administrative Officers. Section 202 limits the City Council's authority to appoint administrative officers to the office of Chief Executive Officer (City Manager) and City Attorney, whose qualifications, appointment and removal are in accordance with the general laws of the State of California. Section 300. Terms. Section 300 creates a five (5) member City Council elected at large with the same staggered four (4) year terms that exist at the time the charter is adopted. Section 302. Qualifications. Section 302 requires any elected officer to qualify for office in accordance with the general law of the State of California. Those qualifications include: U.S. citizenship, registered voter, minimum age requirement (18 years of age), minimum residency requirement (15 days prior to the election), and residency within the City throughout the elected officer's term of office. Section 304. Presiding Officer. Section 304 requires the City Council, on the date of certification of the election results, to elect one of its members as presiding officer who shall also serve as Mayor along with electing another member as Mayor Pro Tempore. Section 304 provides a two (2) year term for the Mayor and Mayor Pro Tempore unless removed from his or her position prior to the term's end. Section 306. Council Member Compensation. Section 306 mandates that the City follow general law. Under general law, as set forth in Government Code section 36516, the City Council may increase compensation by at most five percent (5%) for future city councils without voter approval. Section 308. Incompatible Offices. Section 308 prohibits City Council members, committee members and commissioners from holding any other office or employment with the City during his or her term as City Council member. Section 308 also prohibits City Council members from employment within the City for a period of two (2) years following his or her term of office. Section 310. Procedure for Adopting Ordinances. Section 310 mandates that the City continue to follow general law when adopting ordinances. By following general law, all proposed ordinances would be introduced, given first and second reading prior to adoption. Following adoption, the ordinance must be published within fifteen (15) days and would take effect thirty -days (30) thereafter. Section 400. Municipal Elections. Section 400 requires municipal elections to be held in accordance with California Elections Code section 11001, et. seq. Section 402. Initiative, Referendum, Recall. Section 402 mandates that the City continue to follow general law with respect to the initiative, referendum and recall of elective officers. 2 2014-7-3v2 Section 500. Budget Reserves. Section 500 requires the City to maintain cash reserves for certain purposes. Section 500 provides examples that include: a major economic downturn, natural disaster or purchase of real property of importance to the community, as determined by a supermajority of the City Council. Section 500 also requires the City Council to review the appropriate amount of cash reserves at least every five (5) years. Section 600. Retirement Benefits. Section 600 requires any increase in employee retirement benefits, other post -employment benefits, employer contributions for post- retirement benefits, including post-retirement health benefits, to be paid for by the City or for which the City is liable, subject to approval by a two-thirds (2/3) majority of the voters at a general election. Section 602. Civic Openness In Negotiations. Section 602 codifies the Civic Openness In Negotiations Ordinance ("COIN") as set forth in Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code and any amendments, modifications, or deletions into the charter. Section 602 requires the City Council to comply with Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code when engaging in the meet and confer process pursuant to the Meyers-Milias-Brown Act. In the event of repeal of Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code, the terms of those provisions as they exist at the time the charter is adopted or, as modified by court order, shall continue to be followed by future city councils when engaging in the meet and confer process pursuant to the Meyers-Milias-Brown Act. Section 700. Public Contracting. Section 700 authorizes the City to follow the Uniform Construction Cost Accounting Act ("UCCAA") while also giving the City discretion of opting out in the event of future changes. However, opting out of the UCCAA would not allow the City to dispense procedure for soliciting bids and following thresholds for formal or informal bidding. Section 702. Prevailing Wages. Section 702 prohibits the payment of prevailing wages in public works contracts paid for solely with the City's local funds and which are not a matter of statewide concern, unless payment of prevailing wages is compelled by the terms of the funding source. Section 800. Charter Review. Section 800 requires the City Council to form a charter review committee every ten (10) years to review the existing charter and determine whether any amendments, modifications or repeal of its provisions are necessary. In addition to the ten (10) year review, Section 800 authorizes the City Council to appoint a charter review committee at any time and also allows voters the initiate a charter review with the signature of 2500 registered voters of the City. 3 2014-7-3v2 Section 802. Outsourcing. Section 802 authorizes the City to outsource any services unless limited by the Constitution of the State of California or other applicable law. Section 802 also requires the City to periodically review its existing operations and services to consider whether said operations and/or a third party may perform services as, or more, efficiently and effectively. Finally, Section 802 requires any contract entered into, pursuant to this provision, to be ratified in accordance with the procedure set by the City Council. Section 804. General Plan Consistency. Section 804 requires all zoning ordinances adopted to be consistent with the City's General Plan. Section 806. Construction and Interpretation. Section 806 explains how the charter should be interpreted. It provides that except as provided by mandatory language in the charter, the language is intended to be permissive rather than limiting and shall be liberally and broadly construed in favor of the exercise of power to govern with respect to any matter which is a municipal affair. Section 808. Severability. Section 808 provides that if any provision of the charter is invalidated or is otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. If the charter is approved by a majority of Costa Mesa voters, no changes can be made to it, without a majority vote of the people. 4 2014-7-3v2 CHARTER OF THE CITY OF COSTA MESA Preamble. Article I. Incorporation and Powers. Section 100. Name of City. Section 102. Boundaries. Section 104. Powers. Article II. Form of Government. Section 200. Form of Government and Powers. Section 202. Administrative Officers. Article III. Elected Officers. Section 300. Terms. Section 302. Qualifications. Section 304. Presiding Officer. Section 306. Council Member Compensation. Section 308. Incompatible Offices. Section 310. Procedure for Adopting Ordinances. Article IV. Elections. Section 400. Municipal Elections. Section 402. Initiative, Referendum, Recall. Article V. Finance. Section 500. Budget Reserves. Article VI. Personnel. Section 600. Retirement Benefits. Section 602. Civic Openness In Negotiations. Article VII. Public Contracting. Section 700. Public Contracting. Section 702. Prevailing Wages. Article VIII. Miscellaneous. Section 800. Charter Review. Section 802. Outsourcing. Section 804. General Plan Consistency. Section 806. Construction and Interpretation. Section 808. Severability. Page 1 of 5 PREAMBLE We, the people of the City of Costa Mesa, State of California, believe ethics and integrity, fiscal responsibility, and transparency are essential for confidence in government, are the foundation of public trust, and just governance is built upon these values. By enacting this Charter as the fundamental law of the City under the Constitution of the State of California, we do hereby exercise the privilege of retaining for the citizens the benefits of local government, by enacting the laws and procedures set forth herein pertaining to the governance and operation of the City. It is incumbent upon those who govern and make decisions for and on behalf of the City to abide legally and morally by the provisions of this Charter, in its strictest sense, in order to ensure the continued success and well-being of our fair City. The City recognizes that without fiscal responsibility for public funds, including the maintenance of substantial reserves, it cannot serve and protect the interests of its Citizens. As such the City will hold these principles as its primary function and obligation. ARTICLE I. INCORPORATION AND POWERS Section 100. Name of City. The City of Costa Mesa shall be known as the City of Costa Mesa. Section 102. Boundaries. The City of Costa Mesa's boundaries shall include the area within its existing boundaries and any portion hereinafter annexed. Section 104. Powers. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. In the event of any conflict, this Charter shall control over the general laws of the State of California as to municipal affairs. ARTICLE II. FORM OF GOVERNMENT Section 200. Form of Government and Powers. The municipal government established by this Charter shall be known as the Council -Manager form of government. The City Council will establish the policy of the City, and the Chief Executive Officer will carry out that policy. Page 2of5 Section 202. Administrative Officers. The only two administrative officers of the City who will be appointed by the City Council are the Chief Executive Officer (City Manager) and the City Attorney, whose qualifications, appointment and removal shall be pursuant to the general laws of the State of California. No other administrative officer position shall be created which may be directly appointed by the City Council. ARTICLE III. ELECTIVE OFFICERS Section 300. Terms. The elective officers of the City shall consist of a City Council of five (5) Members elected at large. The term of office shall be four (4) years. The Council Members' terms shall be staggered in the manner existing at the time of the adoption of this Charter. Section 302. Qualifications. The qualifications of elected officers shall be as established in the general law of the State of California. Section 304. Presiding Officer. On the date of any meeting of the City Council at which the Council receives the certification of the results of any general or special municipal election at which any member of the City Council is elected, the City Council, after swearing in and qualifying any newly elected member, shall elect one of its members as presiding officer, who shall have the title of Mayor. The City Council, at the same time as electing the Mayor, shall elect one of its members as Mayor Pro Tempore. The term of service for both the Mayor and Mayor Pro Tempore shall be two (2) years. Both the Mayor and Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council. Section 306. Council Member Compensation. The salary of the Council Members shall continue to be limited in accordance with California Government Code section 36515 as it hereafter may be amended. Section 308. Incompatible Offices. The members of the City Committees, Commissions, and City Council shall not be eligible to hold any other office or employment with the City during the period of their terms of service. The members of the City Council shall not be eligible to hold any employment with the City for a period of two (2) years following the last date of service as an elected official on the City Council. Section 310. Procedure for Adopting Ordinances. The procedure for adopting ordinances shall be as established in the general law of the State of California. Page 3 of 5 ARTICLE IV. ELECTIONS Section 400. Municipal Elections. Municipal elections shall be held in accordance with California Elections Code section 11001, et. seq. Section 402. Initiative, Referendum, Recall. The power of initiative, referendum and recall of elective officers are reserved to the electors of the City, and these powers shall be exercised in accordance with the general law of the State of California. ARTICLE V. FINANCE Section 500. Budget Reserves. The City shall maintain cash reserves for the purpose of funding significant or unexpected events or opportunities. Such events could include a major economic downturn, natural disaster or purchase of real property of importance to the community, as determined by a supermajority of the City Council. The City Council shall review the appropriate amount of cash reserves for such purposes at least every five (5) years. ARTICLE VI. PERSONNEL Section 600. Retirement Benefits. On or after the effective date of this Charter, except for any increase previously authorized in a valid .and binding memorandum of understanding or contract, no employee or officer of the City shall receive an increase in employee retirement benefits, other post -employment benefits, employer contributions for post-retirement benefits, including post-retirement health benefits, to be paid for by the City or for which the City is liable without approval by a two-thirds (2/3) majority of the voters at a general election. Section 602. Civic Openness In. Negotiations. Civic openness during labor negotiations being essential to good government, Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code governing labor negotiations and any amendments, modifications, or deletions thereto are hereby adopted by reference. The City Council shall comply with Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code when engaging in the meet and confer process pursuant to the Meyers-Milias-Brown Act. In the event that Title 2, Chapter VI, Articles 1 and 2 of the Costa Mesa Municipal Code shall hereafter be repealed, the terms of those provisions as they exist at the adoption of this Charter, except as same may be modified by court order, shall continue to be followed by the City Council when engaging in the meet and confer process pursuant to the Meyers-Milias-Brown Act. Page 4 of 5 ARTICLE VII. PUBLIC CONTRACTING Section 700. Public Contracting. The Public Services Department shall utilize either the formal or informal bidding procedures and cost thresholds set forth in the Uniform Construction Cost Accounting Act, as the procedures and cost thresholds may be modified every five (5) years by the Uniform Construction Cost Accounting Commission. Notwithstanding the foregoing, the City shall not be obligated to comply with any provision of the Uniform Construction Cost Accounting Act, including but not limited to, future changes which relate to matters other than solicitation of bids and thresholds for formal or informal bidding. Section 702. Prevailing Wages. The City shall not require the payment of prevailing wages in public works contracts paid for solely with the City's local funds and which are not a matter of statewide concern, unless payment of prevailing wages is compelled by the terms of the funding source. ARTICLE VIII. MISCELLANEOUS Section 800. Charter Review. Every ten (10) years, the City Council shall form a Charter Review Committee to review the existing Charter and determine whether any amendments, modifications or repeal of its provisions are necessary. The City Council may, at its discretion, appoint a Charter Review Committee at any time. A Charter Review process can also be initiated by a petition signed by 2500 registered voters of the City. Section 802. Outsourcing. The City may enter into a contract for any services unless limited by the Constitution of the State of California or other applicable law. The City shall periodically review its existing operations and services to consider whether said operations and/or services may be performed as or more efficiently and effectively by a third party. Any contract entered into, pursuant to this provision, shall be ratified in accordance with the procedure set by the City Council. Section 804. General Plan Consistency. All zoning ordinances adopted shall be consistent with the general plan. Section 806. Construction and Interpretation. Except as provided by mandatory language in this Charter, the language contained in this Charter is intended to be permissive rather than limiting and shall be liberally and broadly construed in favor of the exercise of power to govern with respect to any matter which is a municipal affair. Section 808. Severability. If any provision of this Charter should be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Page 5 of 5