RES-2013-078RESOLUTION NO. 2013-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, CREATING A CHARTER REVIEW COMMITTEE AND
ESTABLISHIGN THE RULES AND PROCEDURES GOVERNING THE
CHARTER REVIEW COMMITTEE
WHEREAS, the Charter of the City of Anaheim was adopted by the voters of Anaheim on
June 2, 1964 and became effective January 14, 1965; and
WHEREAS, the City last went through a comprehensive Charter review process in
1999 -2000 and amendments resulting from that review process were considered by the voters in
November of 2000. It is therefore prudent to consider reviewing the City Charter at this time; and
WHEREAS, the City of Anaheim seeks to promote the participation of City voters,
residents, community groups, and other stakeholders in the City's Charter review process; and
WHEREAS, the City Council desires to create a Charter Review Committee, composed of
City residents, for the purpose of reviewing the City Charter and making recommendations to the
City Council with respect to proposed Charter amendments to update and modernize the Charter;
and
WHEREAS, the Charter cannot be amended without a vote of the people; and
WHEREAS, based on existing law, the next possible elections at which proposed Charter
amendments may be placed before the voters by the City Council are the June 3, 2014 statewide
primary election and the November 4, 2014 statewide general (and City general municipal)
election. It is desired that all proposed Charter amendments recommended by the Committee be
considered for approval by the City Council at a time sufficient to place proposed Charter
amendments on the June 3, 2014 ballot, as allowed by existing law, or at such other time as the
City Council desires and state law may then allow; and
WHEREAS, a public notice process has been commenced and applications for
consideration to the Committee have been sought from the residents of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. Committee Creation There is hereby established the City of Anaheim Charter
Review Committee ( "Committee "). The Committee shall consist of seven (7) voting members.
The Committee is an advisory body to the City Council solely created for the purpose of reviewing
the City Charter and recommending proposed Charter amendments to the City Council and,
therefore, is not a "charter commission" as referenced in Elections Code section 9255 or
Government Code section 34450 et seq. The City Council retains discretion to modify, rejector
approve any Committee recommendations and to propose additional Charter amendments.
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2. Appointments to Committee Each City Council member shall appoint one (1)
member to the Committee (each such appointee, individually, a "Council Appointee" and,
collectively, "Council Appointees "). At the Committee's first meeting, the Council Appointees
shall, as their first item of business, select the two (2) remaining Committee members by a
majority vote of the Council Appointees (each such appointee, individually, a "Committee
Appointee" and, collectively, "Committee Appointees "). In selecting Committee Appointees, the
Council Appointees shall consider selecting eligible applicants who would provide a balance of
viewpoints, background, opinion and experience. Committee Appointees shall be selected from
the remaining pool of eligible applicants who have filed applications to serve on the Committee.
However, if there are insufficient eligible applicants in the remaining pool to fill the Committee
Appointee seats, or if the Council Appointees are unable to agree on appointing Committee
Appointees from the remaining pool of eligible applicants, the Committee may direct City staff to
re -open the application process for a limited period to expeditiously obtain additional eligible
applicants. If the Council Appointees are unable to agree to appointments after deliberation by
the second meeting of the Committee, then the City Council may appoint the Committee
Appointees by motion and majority vote of the City Council. Council Appointees and Committee
Appointees shall have the same rights, privileges and obligations in serving as Committee
members. The terms "eligible applicant" or "eligible" as used in this Resolution shall mean as
determined either by City staff or the City Council, and City Staff or the City Council may seek
additional applicants as deemed necessary. The Committee shall not be entitled to determine the
eligibility of any applicant.
3. Committee Vacancies A Council Appointee serves at the pleasure of the
Councilmember appointing him or her. A Committee Appointee shall not be removed by the
Council Appointees and shall serve at the pleasure of the City Council upon appointment. If a
Council Appointee who is appointed by a City Councilmember still holding office as a
Councilmember resigns from the Committee, then that Councilmember may select a replacement
Committee member. If a Council Appointee appointed by a former Councilmember resigns from
the Committee, then a replacement shall be selected by the Councilmember who replaces the
former Councilmember, provided that if there is no such replacement Councilmember within
thirty (30) days of the former Councilmember's vacancy, then the City Council shall make the
appointment. If a Committee Appointee resigns from the Committee, or is removed by the City
Council, then the Council Appointees shall appoint a replacement, pursuant to the process
established in Section 2, at the next regular Committee meeting or at a special meeting called for
such purpose.
4. Committee Makeup Committee members must, at all times during their service
on the Committee, be Anaheim residents. The composition of the Committee should consist of a
balance of viewpoints, background, opinion and experience. Elected officials and anyone related
to or employed by (city staff or professional staff) elected officials in Anaheim are prohibited from
serving on the Committee.
5. Committee Jurisdiction The Committee's sole and exclusive purpose and
jurisdiction shall be to review the City Charter and provide, in the time period required by this
Resolution, recommendations to the City Council proposing specific amendments to the City
Charter. The Committee shall take input from the public on proposed Charter amendments. The
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Committee shall, if requested by a Councilmember or the City Council, consider such matters as
specifically requested by the Councilmember or City Council.
6. Committee Recommendations and Final Report The Committee's
recommendation(s) shall be delivered in a written final report to the City Council by no later than
December 10, 2013, or through such other means and on such other dates as shall be set by the City
Council. The final report does not need to be unanimous. The final report shall offer
recommendation on individual Charter amendments. The final report containing the Committee's
recommendations shall thereafter be discussed by the City Council at upcoming meetings, which
may include public hearings.
The City Council reserves the right in acting on the Committee's recommendations to
approve, modify or reject any Committee recommendations and to propose additional Charter
amendments. The City Council may place one or more proposed Charter amendment(s) on the
ballot as stand -alone ballot questions or, alternatively, place groups of proposed Charter
amendments on the ballot in one or more ballot questions.
7. Committee Staff and Consultants To assist the Committee, the City's staff and
City's consultants are authorized and directed to provide logistical and legal support, community
outreach assistance, and all necessary information to the Committee regarding the Committee's
jurisdiction described in Section 5 above. The Committee will be staffed by the offices of the
City Manager, City Attorney and City Clerk.
8. Committee Meeting Dates /Times To encourage public input and access, the
Committee shall meet a minimum of twice a month during the months of July through November
2013 and at least once in December of 2013. The times and dates of Committee meetings shall be
determined by the Committee.
9. Subcomittees The Committee may create and assign tasks to subcommittees
composed solely of Committee members and have those subcommittees report to the full
Committee.
10. Automatic Termination of Committee The Committee shall automatically
terminate thirty (30) days after delivery of the final report to the City Council, unless otherwise
extended by the City Council pursuant to resolution or motion.
11. Open Meetings, Applicable Rules: Website The Committee and its members
shall be governed by the Ralph M. Brown Act (Cal. Govt. Code § 54950 et seq.), the Anaheim
Municipal Code (including, without limitation, with respect to conflicts of interest) and all other
applicable laws. Committee meetings shall be open to the public, recorded, and available for
viewing at www.anaheim.net The City will establish a special section of the City's website for
full access and transparency on all agendas, minutes, and schedules of the Committee, as well as
matters related to the Charter review.
12. Committee Chair. Procedural Rules The Committee shall appoint a chairperson
to preside over the meetings of the Committee. If desired, the Committee may adopt procedures
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for the conduct of its meetings and activities that are necessary and convenient to enable the
Committee to carry out its functions.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 28th day of May, 2013, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
Tom Tait, Mayor
APPROVED AS TO FORM:
Michael Houston,
Interim City Attorney
B
ATTEST:
Linda dal, City Clerk
By: CL-'a.�
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