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RPVCCA_SR_2010_10_05_10_Adopting_the_City_CharterCITY OF MEMORANDUM RANCHO PALOS VERDES TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DATE: SUBJECT: REVIEWED: CAROL W.LYNCH,CITY ATTORNEY,and SHIRl KLIMA,ASSISTANT CITY ATTORNEY OCTOBER 5,2010 ADOPTING THE CITY CHARTER CAROLYN LEHR,CITY MANAGER ~]SS-AR. RECOMMENDATIONS Review and approve the attached revised draft of the City Charter of the City of Rancho Palos Verdes to propose to the City's voters for adoption at an upcoming election or provide additional direction to the City Attorney. BACKGROUND The City Council stated as one of the City's tactical goals that staff should provide information about the advantages and disadvantages of becoming a charter city to the City Council by the end of April 2010.Accordingly,a presentation was made to the Council on April 6,2010.As a result of that meeting,the City Council decided to call a special meeting to occur on June 29,2010,to hear a comprehensive presentation and discuss the issue of becoming a charter city.At that meeting,the City Attorney's Office gave a presentation to the Council,which was supplemented with a detailed staff report, regarding a variety of areas in which a charter city does or does not have different powers from a general law city,advantages and disadvantages to chartering,and the procedures for becoming a charter city. Because the entire Council could not attend that special meeting,the Council opted to continue the matter until the next regular City Council meeting on July 6,2010,so that all of the Members of the City Council would be present to make the determination of whether to proceed with the process of adopting a charter.At that meeting,the Council unanimously determined that the City should initiate the process of drafting a charter and appointed a Council Subcommittee of Mayor Wolowicz and Mayor Pro Tem Long to lead the process of having the charter adopted by the City's voters at a consolidated election that would be held on March 8,2011. On July 23,2010,the Council Subcommittee met with staff and instructed the City Attorney to prepare a simple city charter,similar to the charter of the City of Buena R6876-000 1\1287865v2.doc 10-1 MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OCTOBER 5,2010 Page 2 Park,for the Council's consideration and approval at the August 3,2010 City Council meeting.Due to the recent publicity regarding the City of Bell,the Council Subcommittee requested that the restrictions on Council salaries and reimbursement of expenditures that apply to general law cities continue to be applicable in Rancho Palos Verdes by expressly including them in the City Charter. On August 3,2010,a proposed City Charter was presented to the City Council. Councilmember Misetich requested language be added to the City Charter regarding preserving the transparent process of compensating City staff.Additionally,the City Attorney's office reviewed the Bell City Charter in light of the recent controversy and has proposed additional language regarding the Council member compensation issue. Finally,when the Council Subcommittee met on August 20,2010,it requested proposed language added to the City Charter regarding retaining the Council-Manager form of government,continuing to not allow gifts of public funds,and preserving the requirement that the City's Zoning Ordinance be consistent with the General Plan. On September 7,2010,another proposed City Charter was presented to the City Council that incorporated the requested revisions.Councilmember Stern requested an additional modification to Article II,Section 100 regarding the form of government. Mayor Pro Tem Long also requested new language stating that the Charter's language is intended to be permissive,except for particular limiting sections.Those changes have been incorporated into the attached proposed City Charter. DISCUSSION 1.Article III,Section 100:Form of Government. Article III,Section 100 used to state:"Council-Manager Form of Government.The municipal government established by this Charter shall be known as the 'Council- Manager'form of government.The City Council shall establish the policies of the City, and the City Manager shall carry out those policies." Council member Stern requested that this section be clarified.Thus,we have revised the section to state:"Council-Manager Form of Government.The municipal government established by this Charter shall continue to be the form of government known as the "Council-Manager"form of government,which means the City Council shall establish the policies of the City,and the City Manager shall carry out those policies."The change to the language is italicized. R6876-0001\1287865v2.doc 10-2 MEMORANDUM HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OCTOBER 5,2010 Page 3 2.Article I,Section 100 and Article VII,Section 100:The Charter is Generally Permissive,but is limited by Articles III,IV,V,and VI. Article I,Section 100 used to state:"Municipal Affairs.The City shall have full power and authority to adopt,make,exercise and enforce all legislation,laws,and regulations and to take all actions relating to municipal affairs that may be lawfully adopted,made, exercised,taken or enforced under the Constitution of the State of California,without limitation,except as otherwise provided in this Charter."Article VII,Section 100 used to state:"Construction and Interpretation.The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair." Mayor Pro Tem Long requested clarifying language that explains that the Charter is intended to be permissive rather than exclusive,except for Articles III,IV,V and VI, which are intended to be exclusive or limiting.Thus,we have revised Article I,Section 100 state:"Municipal Affairs.The City shall have full power and authority to adopt, make,exercise and enforce all legislation,laws,and regulations and to take all actions relating to municipal affairs that may be lawfully adopted,made,exercised,taken or enforced under the Constitution of the State of California,without limitation,except as otherwise provided in Articles 11/,IV,V and VI of this Charter."We have also revised Article VII,Section 100 to state:"Construction and Interpretation.The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair,except as otherwise provided in Articles 11/,IV,Vand VI."The changes to the language are italicized. CONCLUSION The City Attorney recommends that the City Council approve the proposed revised City Charter of the City of Rancho Palos Verdes,which is attached to this report,or direct that further changes be made to the Charter.If the City Council approves the proposed revised City Charter as it is,the City Attorney further recommends that the City Council move forward with public education and outreach efforts about chartering so that the City Charter can be presented at an upcoming election. Attachment:Proposed City Charter of the City of Rancho Palos Verdes (with proposed changes italicized) R6876-0001 \1 287865v2.doc 10-3 Charter of the City of Rancho Palos Verdes PREAMBLE We the people of the City of Rancho Palos Verdes declare our intent to restore to our community the historic principles of self governance inherent in the doctrine of home- rule.Sincerely committed to the belief that local government has the closest affinity to the people governed,and firm in the conviction that the economic and fiscal independence of our local government will promote the health,safety and welfare of all the citizens of this City,we do hereby exercise the express right granted by the Constitution of the State of California to enact and adopt this Charter for the City of Rancho Palos Verdes. Article I -Municipal Affairs:Generally Section 100.Municipal Affairs.The City shall have full power and authority to adopt, make,exercise and enforce all legislation,laws,and regulations and to take all actions relating to municipal affairs that may be lawfully adopted,made,exercised,taken or enforced under the Constitution of the State of California,without limitation,except as otherwise provided in Articles 11/,IV,Vand VI of this Charter. Article II -General Laws Section 100.General Law Powers.In addition to the power and authority granted by the terms of this Charter and the Constitution of the State of California,the City shall have the power and authority to adopt,make,exercise and enforce all legislation,laws and regulations and to take all actions and to exercise any and all rights,powers,and privileges heretofore or hereafter established,granted or prescribed by any law of the State of California or by any other lawful authority.In the event of any conflict between the provisions of this Charter and the provisions of the general laws of the State of California,the provisions of this Charter shall control. Article III -Form of Government Section 100.Council-Manager Form of Government.The municipal government established by this Charter shall continue to be the form of government known as the "Council-Manager"form of government,which means the City Council shall establish the policies of the City,and the City Manager shall carry out those policies. Article IV -Compensation and Expenses Section 100.Councilmember Compensation.All of the members of the City Council, including the Mayor,shall continue to receive as compensation for their services a monthly salary in an amount established in accordance with,and limited by,the provisions of law applicable to the salaries of City Council members in general law cities as set forth in Section 36516 of the Government Code of the State of California or any successor provision thereto.The City shall not provide any additional compensation for attendance at other meetings of City or City-affiliated commissions,committees, R687 6-0001 \1244773.5 10-4 subcommittees,and boards of directors,including the Rancho Palos Verdes Redevelopment Agency and the Rancho Palos Verdes Improvement Authority. Section 200.Council member Expenses.All of the members of the City Council, including the Mayor,shall continue to be entitled to reimbursement for their actual and necessary expenses incurred in the performance of their official duties as stated in,and limited by,the provisions of law applicable to the reimbursement for expenses of City Council members in general law cities as set forth in Sections 36514.5,53232.2 and 53232.3 of the Government Code of the State of California or any successor provisions thereto. Section 300.Staff Compensation.The compensation provided to City staff shall continue to be approved in a transparent manner at duly noticed City Council meetings. Article V -Gifts of Public Funds Section 100.Gifts of Public Funds.The City shall comply with the laws of the State of California that are applicable to general law cities with respect to the prohibition against gifts of public funds. Article VI -General Plan Section 100.General Plan.The General Plan is the paramount City land use document.The City shall be governed by State law as it applies to general law cities with respect to the requirement that the zoning ordinance must be consistent with the General Plan. Article VII -Interpretation Section 100.Construction and Interpretation.The language contained in this Charter is intended to be permissive rather than exclusive or limiting and shall be liberally and broadly construed in favor of the exercise by the City of its power to govern with respect to any matter which is a municipal affair,except as otherwise provided in Articles III,IV, V and VI of this Charter. Section 200.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. The electors of the City of Rancho Palos Verdes,by a majority of the votes cast, adopted this Charter of the City of Rancho Palos Verdes at the general municipal election held .The results of such election were certified by the City Council of the City of Rancho Palos Verdes through adoption of its Resolution No. R68 76-0001 \1244773.5 10-5