CC SR 20180619 05 - Charter City Subcommittee RecommendationsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/19/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to review the Charter City Council Subcommittee’s
recommendations.
RECOMMENDED COUNCIL ACTION:
(1) Review the Charter City Council Subcommittee’s recommendations;
(2) Direct Staff to return with revisions to the Charter wording at the July 17, 2018,
meeting.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Charter City Crosswalk (page A-1)
BACKGROUND AND DISCUSSION:
On May 21, 2018, a local citizens’ committee presented a draft Charter to the City
Council that encompassed a wide range of topics, as listed in the Charter City
Crosswalk (Attachment A). Significant discussion ensued regarding the potential
impacts of the inclusion of all these sections in the Charter. The City Council voted to
review the proposed Charter and its scope, and created a subcommittee, comprised of
Councilmembers John Cruikshank and Ken Dyda. The City Council agreed to
individually relay the sections that they believed should be included to the City Manager
for compilation. The Subcommittee would then review the sections that had been
compiled by the City Manager and form a recommendation.
The Subcommittee met and is recommending the creation of a charter that essentially
retains most of the provisions of a general law city with a focus on retaining local control
over zoning and land use. Specifically, the Subcommittee is recommending that the
draft Charter be revised to include only the following sections:
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Charter
Section
Change from
Current
Law?
Effect
200 – Powers Yes Grants the City all legal authority and powers to
govern “municipal affairs” except as limited by the
charter or by the State Constitution
206 – General
Land Use
Authority; Goals
and Objectives
Yes Grants the City full charter powers to regulate
local land use measures. Requires the zoning
ordinance to be consistent with the General Plan
305 – Limitation
of Terms
Yes The Council members would still be limited to 2
consecutive terms, as provided in RPVMC
Section 2.04.060. However, once termed out, a
person would not be eligible to run again for at
least 6 years (currently 6 months)
906 – Municipal
Finance
Authority
Yes Grants the City full charter powers to regulate
municipal finances and allows the City Council
the discretion to avoid State laws contrary to the
City’s authority
907 – Tax
Authority
No
Yes
New or increases to general, special and property
taxes would continue to require approval by the
city’s voters
As a charter city, the city could propose a
property transfer tax, which is a general tax,
subject to voter approval.
1002 – Term of
Franchise
Yes Except for the water franchise which is evergreen,
the City currently has no maximum franchise
term. The charter would establish a 10-year
franchise term with 2 optional extensions of 5
years each. Any existing franchise with a term
extending beyond 20 years of the effective date
of the charter would only continue to be in effect
for 15 years. The City Council would be able to
grant franchises for more than 10 years under
certain circumstances.
There were other draft changes that the citizens’ committee proposed that the Council
subcommittee and individual Council members believed could be successfully
addressed by policy or ordinance changes. Those proposed policy or ordinance
changes can be taken up at a later meeting.
The Subcommittee also considered whether the issue should be on the November 2018
ballot or the November 2019 ballot and recommends placing the Charter on the
November 2018 ballot. Furthermore, in order to avoid the citizen skepticism and
suspicions regarding the Charter that was presented to voters in 2011, the
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Subcommittee recommends including in the preamble a simple statement of intent such
as:
“This charter is proposed to embody all of the controls and limitations of a
general law city, which has served the City and its residents very well over
the past 45 years, and to focus on functions such as financing, the city
manager’s role and City Council authority. It will add those elements
designed to protect the founding principles of the City, primarily local
control over zoning, which the State is currently usurping.”
If the City Council is in agreement with moving forward with the Charter on the
November 2018 ballot, and with the identified scope of the proposed Charter above,
staff would need to prepare the draft language and resolutions for presentation and
consideration at the July 17, 2018, City Council meeting. Final approval of the Charter
City Initiative would need to take place at the July 31, 2018, City Council meeting.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to revise the sections included the proposed Charter Initiative.
2. Do not move forward with the Charter City Initiative.
3. Delay the Charter City initiative to November 2019 or later.
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DRAFT
CITY OF RANCHO PALOS VERDES
CITY CHARTER
CROSSWALK
AS OF MAY 11, 2018
CHARTER SECTION CHANGE EFFECT
Article I – Incorporation and Succession
100 – Names and Boundaries No The city’s name and boundaries would
remain the same.
101 – Succession, Rights and Liabilities No The city would continue to own,
possess and control all rights and
property currently existing.
102 – Ordinances No All existing ordinances, resolutions,
rules and regulations would continue.
103 – Continuance of Present Officers and
Employee
No All existing city officers and employees
would continue in their current
capacities.
104 – Continuance of Contracts No All existing contracts would continue
in full force.
105 – Pending Actions and Proceedings No All pending actions, civil or criminal,
would not be impacted by the charter.
106 – Seal No The city’s seal would remain the same.
107 – Severability N/A If any portion of the charter is found
invalid, the remainder of the charter
would not be impacted.
108 – Effective Date of Charter N/A States how the charter’s effective date
would be established.
109 – Amendment N/A Provides the procedure to amend the
charter in the future.
Article II – Powers of the City
200 – Powers Yes Grants the city all legal authority and
powers to govern “municipal affairs”
except as limited by the charter or by
the State Constitution.
201 – Procedures Yes Grants the city power to follow any
procedures established in state law,
unless limited by the charter.
202 – Form of Government No Maintains the existing council-
manager form of government.
203 – Intergovernmental Relations No Maintains the city’s ability to enter
into joint powers agreements.
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204 – Establishment of Specialized Agencies or
Authorities
No Maintains the city’s ability to establish
specialized agencies to provide public
services and would allow all existing
such agencies to continue to exist.
205 – Enterprise Funds No Limits collection and use of enterprise
funds as currently required in general
law cities.
206 – General Land Use Authority; Goals and
Objectives
Yes
No
Grants the city full charter powers to
regulate local land use measures.
Requires the zoning ordinance to be
consistent with the general plan.
206 – Preservation of Parkland Yes Requires a majority vote of council
and a ballot measure approved by the
city’s voters to sell, lease or exchange
parkland, with certain exceptions.
Article III – City Council
300 – Powers Vested in the City Council No The powers of the city would remain
vested with the city council.
301 – Elective Office No
Yes
Maintains a 5-member council elected
at large with 4 year terms (except for
the 3 year terms commencing in 2017
and 2019).
Ties among council candidates would
be settled by special municipal
election, rather than by coin toss.
302 – Mayor; Mayor Pro Tempore No The mayor and mayor pro tem would
be selected in the same manner and
continue to have the same duties.
303 – Eligibility No The same eligibility requirements to
run for council would continue.
304 – Compensation and Expenses No Council members would continue to
receive the same compensation as
general law cities, or less if established
by city ordinance, and would continue
to be reimbursed for actual travel and
related expenses. Council members
would continue to receive no
additional compensation for
attendance at other city or city-
affiliated meetings.
305 – Limitation of Terms
Yes The council members would still be
limited to 2 consecutive terms, as
provided in RPVMC Section 2.04.060.
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305 – Limitation of Terms (continued) However, once termed out, a person
would not be eligible to run again for
at least 6 years (currently 6 months).
306 – Vacancies Yes Council vacancies would be declared
and filled in the same manner, but
persons eligible to fill a vacancy must
have lived in the city for at least 1 year
immediately prior to appointment and
cannot have served on council within
the prior 6 years. If a vacancy is
declared 90 days before or after a
council election, the next runner-up
would fill the vacancy.
307 – Interference with Administrative Service No Similar to existing RPVMC Section
2.08.080, neither council nor
individual members would be allowed
to interfere with the execution of the
city manager’s duties and
responsibilities.
308 – Meetings No The city would continue to comply
with the open meeting requirements
of the Brown Act. The frequency,
notice and place of regular meetings
would remain the same.
309 – Special Meetings No The calling and noticing of special
meeting would remain the same.
310 – Quorum; Proceedings No A quorum of 3 council members and
the method of adjournment due to
lack of quorum would remain the
same.
311 – Oaths; Subpoenas No The council’s ability to administer
oaths and issue subpoenas would
remain the same.
312 – Citizen Participation No The public’s right to participate in
public meetings would remain the
same.
313 – Adoption of Ordinances and Resolutions Yes The time between when a regular
ordinance is introduced and when it’s
adopted would increase from 5 to 14
days. An urgency ordinance would still
require 4 affirmative votes, but would
be in effect no more than 6 months,
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unless reintroduced and passed in the
normal manner.
314 – Ordinances; Publication No Adopted ordinances would be
published and posted in the current
manner.
315 – Codification of Ordinances No Ordinances would be codified in the
current manner.
316 – Ordinances; When Effective No Ordinances would still be effective 30
days after adoption, unless it is one of
the current exceptions that takes
effect immediately.
317 – Ordinances; Violation; Penalty No Council would retain the authority to
determine if code violations are
misdemeanors or infractions, and set
the fine amounts.
318 – Publishing of Legal Notices No Legal notices would continue to be
published in the current manner.
319 – Contracts; Execution No Contracts would continue to be
approved and signed in the current
manner.
Article IV – City Manager and City Attorney
400 – City Manager No The city manager would continue to
be appointed by and serve at the
pleasure of the city council.
401 - Eligibility Yes No city council member could be
appointed city manager until out of
office at least 6 years (currently 2
years per RPVMC 2.08.030)
402- Compensation and Bond No The city manager’s salary would
continue to be set by resolution or
contract. The city manager would
continue to provide a surety bond,
with the premium paid by the city.
403 – City Manager; Powers and Duties No The city manager’s duties and
responsibilities would remain
functionally the same.
404 – Removal No The city manager would continue to
serve at the pleasure of the city
council, but could not be removed
from office for 90 days following a
council election, except for cause
(same as RPVMC Section 2.08.140).
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405 – Acting City Manager No The same procedure would continue
for designating an acting city manager
in the city manager’s absence.
406 – City Attorney No The city attorney would continue to be
appointed by and serve at the
pleasure of the city council.
407 – City Attorney; Powers and Duties No The city attorney’s duties and
responsibilities would remain the
same, and would now be listed in the
charter.
Article V - Employees
500 – Administrative Departments No The city council would retain the
authority to determine the number,
type and organization of the various
city departments and staffing levels.
501 – City Clerk; Powers and Duties No The city clerk’s duties and
responsibilities would remain the
same, but would now be listed in the
charter.
502 – Director of Finance and Treasurer Yes The finance director’s duties would
remain functionally the same, but the
city manager’s appointment to the
position would be subject to the
consent of the city council. RPVCA
2.08.095 currently gives the council an
advisory role in the review and
selection of all department heads, the
city clerk and deputy city manager.
503 – Department Heads No The duties and responsibilities of
department heads would remain the
same.
504 – Compensation No The city council would continue to set
employee compensation by ordinance
or resolution.
505 – Indemnification of Employees No The city would continue to indemnify
and defend current and former
employees in claims and actions, if
they were acting within the scope of
their duties, without fraud and
cooperate in good faith.
Article VI – Appointive Advisory Boards, Committees and Commissions
600 – In General No The city would continue to have a
planning commission and council
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would retain the ability to appoint
other advisory boards at its discretion.
601 – Appropriations No The city council would continue to
budget annually to support the
functions of its advisory boards.
602 – Appointments; Terms Yes
No
In order to be eligible, applicants
would now be required to have lived
in the city a minimum of 1 year
immediately prior to appointment.
The city council would have the ability
to waive this requirement in individual
cases, such as the Geotechnical Board
of Appeals.
The methods for notice, appointment
and term of service would remain the
same. The membership and unexpired
terms of all existing boards would also
remain intact.
603 – Meetings; Chairs No The methods for appointing chairs and
vice chairs, conducting meetings,
preparing minutes and adopting rules
of procedure would remain the same.
604 – Compensation No Advisory board members would
continue to receive no compensation,
unless otherwise provided by council
ordinance or resolution, and would
continue to be reimbursed for travel
and related expenses.
605 – Removal; Vacancies No Advisory board members would
continue to serve at the pleasure of
the city council. The methods for
determining and filling a vacancy
would remain the same.
606 – Indemnification of Members No The city would continue to indemnify
and defend current and former
advisory board members in claims and
actions, if they were acting within the
scope of their duties, without fraud
and cooperate in good faith.
607 – Planning Commission; Powers and Duties No The planning commission could be no
less than 5 members (currently 7). Its
powers and duties would remain
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functionally the same, unless modified
by council ordinance.
Article VII – Personnel System
700 – Personnel Rules and Policies No The city council would retain the
authority to establish employee
personnel rules and policies.
701 – Contracts with Employees; State
Employees Retirement System
No The city council could continue enter
into contracts and collective
bargaining agreements with city
employees. Enables the city to
continue to contract with CalPERS, or
terminate the contract in accordance
with state law.
702 – Eligibility for Appointed Office Yes The charter would prohibit elected
and appointed officials from being
appointed city manager or city
attorney and would establish anti-
nepotism criteria for appointments to
staff and advisory board positions.
703 – Illegal Contracts; Financial Interest;
Incompatible Employment
No State law regarding conflicts of
interest would continue to apply to
elected, appointed and staff members.
Article VIII – Elections
800 – General Municipal Elections No Consistent with RPVMC Chapter 2.28,
general municipal elections would be
held on the 2nd Tuesday in November
in even number years, except for the
election scheduled in November 2019.
801 – Special Municipal Elections No Any municipal election that is not a
general election would continue to be
a special election.
802 – Procedure for Holding Elections No The city would continue to follow the
state Elections Code.
803 – Initiative, Referendum and Recall No The city would continue to follow the
state Elections Code.
Article IX – Fiscal Administration
900 – Fiscal Year No The city council would continue to
determine the fiscal year by
ordinance.
901 – Annual Budget No The city council would continue to
determine the procedures for
preparing the budget and set budget
polices.
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902 – Proposed Budget; Submission to City
Council
Yes The charter would require the city
manager to submit the draft budget to
city council 60 days prior to the start
of the fiscal year. Although this is
consistent with current practice,
RPVMC Section 3.32.030 requires
submission on or before June 5th.
903 – Budget; Public Hearing No The city council would continue to
hold a public hearing before adopting
the annual budget.
904 – Budget; Adoption Yes The city would continue to be required
to adopt the budget before the start
of the new fiscal year (RPVMC Section
3.32.080), but the charter would add a
procedure for continuing operations if
the budget is not adopted on time due
to an emergency.
905 – Budget; Appropriations Yes The charter would specify that any
appropriations not spent or
encumbered by the end of the fiscal
year shall lapse.
906 – Municipal Finance Authority Yes Grants the city full charter powers to
regulate municipal finances and allows
the city council the discretion to avoid
state laws contrary to the city’s
authority.
907 – Tax Authority No
Yes
New or increases to general, special
and property taxes would continue to
require approval by the city’s voters.
As a charter city, the city could
propose a property transfer tax, which
is a general tax, subject to voter
approval.
908 – Tax Procedure No The procedures to assess, levy and
collect local taxes would continue to
be required to comply with the state
constitution.
909 – Bonded Debt No The city would continue to be able to
incur bonded debt, subject to approval
by the city’s voters.
910 – Election for Major Capital Projects Yes Currently, voter approval is not
required for major capital projects.
910 would require voter approval for
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net city expenditures exceeding $20m,
with certain exceptions. In cases of
urgency, city council would be able to
approve expenditures over $20m with
at least 4 members voting in favor.
911 – Presentation of Demands No Submittal of claims for damage would
continue to comply with state general
law: 6 months after the occurrence for
death or personal injury claims and 1
year after the occurrence for real
property damage claims. The charter
would require any claims not
otherwise subject to state general law
to be submitted to the city within 1
year of the occurrence.
912 – Independent Audit Yes The charter would require the annual
financial audit to be submitted no
more than 180 days after the end of
the fiscal year; the auditor’s
management letter and the city
manager’s written response must be
presented to city council with the
annual audit; and the auditor must be
present at said council meeting.
913 – Purchasing Ordinance Yes Consistent with current practice, the
charter would require 3 informal bids
for professional contract services. In
addition, the charter would require
staff to prepare a written report
stating the reasons for selection of the
chosen provider.
914 – Contracts; Execution No The requirements for the execution of
contracts would remain the same.
915 – Outsourcing No The city would continue to be able to
contract for services.
Article X – Franchises
1000 – Granting of Franchises No The city would continue to be able to
approve franchises for public or
private utilities, transportation,
communication and similar services.
1001 – Resolution of Intention; Notice and
Public Hearing
Yes The charter would add requirements
for the city council to adopt and the
city clerk to publish a resolution of
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intention prior to considering a
franchise request.
1002 – Term of Franchise Yes Except for the water franchise which is
evergreen, the city currently has no
maximum franchise term. The charter
would establish a 10-year franchise
term with 2 optional extensions of 5
years each. Any existing franchise with
a term extending beyond 20 years of
the effective date of the charter would
only continue to be in effect for 15
years. The city council would be able
to grant franchises for more than 10
years under certain circumstances.
1003 – Franchise Inapplicable to City No Franchise requirements would
continue to not apply to the city itself.
1004 – Eminent Domain No The city would continue to have the
ability to obtain franchise property
through purchase or eminent domain.
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