Charter Review 2013/09/26ANAHEIM CHARTER REVIEW COMMITTEE
MINUTES
Thursday, September 26, 2013
6:00 p.m.
Anaheim City Council Chambers
200 Anaheim Blvd, Anaheim 92805
The meeting notice, agenda and related materials were duly posted on September 23, 2013.
PRESENT: Chair, Todd Ament; Committee Members: Tom Dunn, Amanda Edinger, Ernesto
Medrano, Gloria Ma'ae, and Keith Olesen; Member Craig Farrow joined the dais at 6:15 p.m.
STAFF: City Manager's Office: Paul Emery, Assistant City Manager and Margie Otto, Senior
Analyst; Linda Andal, City Clerk; Michael Houston, City Attorney; and Raphael Sonenshein,
Consultant
1. Call meeting to order. The meeting of the Charter Review Committee of September 26,
2013 was called to order at 6:08 p.m. in the Council Chambers of Anaheim City Hall
located at 200 S. Anaheim Blvd.
2. Public Comments. Ron Bengochea commented on item number 5 and his support that
the city manager should be required to live within 40 -45 miles from the city.
3. Approve minutes of the committee meetings August 22, 2013, August 29, 2013 and
September 5, 2013.
Member Dunn moved to approve the meeting minutes of August 22, 2013, August 29, 2013,
and September 5, 2013, seconded by Member Medrano (AYES - 6, NOES - 0, Member Farrow
absent). Motion approved.
4. Article V- City Council (all sections except Sections 500) including, but not limited
to:
• Section 501- Eligibility:
• Section 502- Compensation:
• Section 503.5- Mayor and City Council Term limits:
• Section 504- Mayor (and City Council roles):
Member Farrow joined the dais at 6:15 p.m., during discussion of Item #4.
Mr. Sonenshein provided a brief overview of sections 501, 502, 503.5, and 504 of the Charter.
Following the overview, the committee discussed each item separately.
Meeting of the Charter Review Committee
September 26, 2013
Page 2 of 4
Section 501- Eligibility: City Attorney, Michael Houston, confirmed that the charter could not
require a durational residency period of longer than 30 days prior to filing nomination papers.
Section 502- Compensation: Mr. Sonenshein advised that State law provided procedures for
compensation of general law cities and that Anaheim currently deferred to state law. Mr.
Houston advised that state law specifically outlined reasonable compensation based on
population and with Anaheim being over 250,000 in population, compensation was $1,000, and
may be amended by ordinance not to exceed 5 percent for each calendar year.
Section 503.5- Mayor and City Council Term limits: Mr. Sonenshein referred to the
comparable cities chart and summarized the twelve listed cities, advising that there was
tremendous variety in term limits, with the exception of the common use of consecutive years
and sit -out periods. A correction to the terms limits of Santa Ana was noted (transposed Mayor
and Council Member terms).
Section 504- Mayor (and City Council roles): Mr. Sonenshein provided a brief presentation
on weak mayor versus strong mayor systems, advising that the weakest system is when the
mayor is rotational. The next step -up, he shared, would be when the mayor was separately
elected, such as in Anaheim. He moved on to the next step where the Mayor would have veto
power, preside over meetings, and listed other various specific authorities. An even stronger
form of government, he shared, is where the Mayor had major authority over administrative
departments, including removing the city manager and is defined as the executive head of the
government. Comparing Anaheim to a four -level tier, Mr. Sonenshein stated Anaheim would fall
on the 3` lower tier; one under mid -way point, adding that Anaheim does not have a weak
mayor system. He suggested the committee look at the role of the mayor as a system rather
than one provision at a time. General discussion regarding the role of the mayor as presiding
officer took place.
Following the general overview of section 500s, the committee returned to the beginning of
agenda item #4. Section 509, Eligibility: Chair Ament asked whether the ballot measures
adopted by council for the June 2014 ballot already included the 30 -day requirement. Mr.
Houston confirmed that the resolution adopted by council required persons be a resident from
the city and the district in which they are running for a minimum of 30 -days.
Section 502, Compensation: Member Edinger posed the question whether the committee
should review the city council's compensation with Member Farrrow commenting that he
believed the current language was sufficient. Member Medrano expressed his opinion in
support of reviewing compensation to increase compensation as the city grew. Member Ma'ae
and Olesen stated their opposition to revising the Charter language.
Section 503.5, Mayor and City Council Term Limits Mr. Dunn expressed that he believed voters
should have the right to vote on who should represent them, without term limits. Member
Medrano also expressed his opposition to term limits explaining that if voters felt confident with
an individual elected into office, they should be allowed to continue to vote for them explaining
that term limits would create non - continuity and challenges. Member Edinger expressed her
understanding of omitting term limits, however believed term limits would be a compromise and
that abolishment of term limits, altogether, may be a leap. Member Farrow wished to hear more
information before expressing his position on term limits and Member Ma'ae stated that as of
Meeting of the Charter Review Committee
September 26, 2013
Page 3 of 4
this date, she felt term limits was a good thing. Member Olesen shared his opposition to term
limits stating the length of service is determined at the ballot box.
Chair Ament proposed the committee discuss the option to continue Council Member seats at
four years and revise the Mayor's term limit to two years. Following discussion, Chair Ament
moved to continue the term limit of council member seats at four years and reduce the Mayor
term to two years, seconded by Member Medrano. (AYES — 5 (Chair Ament, Members: Farrow,
Medrano, Olesen, Ma'ae; NOES — 2 (Members: Edinger, Dunn). Motion approved.
Member Olesen moved to eliminate term limits, seconded by Member Dunn (AYES — 6 (Chair
Ament; Members: Dunn, Edinger Farrow Medrano Olesen); NOES — 1 (Member Ma'ae). Motion
approved.
Section 504, Mayor (City Council) Roles Discussion on the role of Mayor ensued and the
committee ultimately agreed that the current language within the charter authorized the Council
to determine the policy.
5. Section 601- Residence: Continue discussion to amend City Charter to be
consistent with State Constitution and give direction to staff.
Mr. Houston outlined three options before the committee relating to residency requirements of
the City Manager advising that cities are prohibited from imposing residency requirements,
however can impose requirements within the proximity of employment: i) remove the current
charter section to conform with the current constitutional requirements, ii) amend the Charter
language and acknowledge that the state constitution currently precludes residency requirement
but allows council to impose restrictions and iii) leave the language, as is, recognizing that it
would not be enforced by the city. Member Dunn moved to approve option #2, to conform to the
state constitution and allow the city council to impose restriction, seconded by Member Edinger
(AYES — 6 (Chair Ament, Members: Dunn, Edinger, Farrow, Medrano, Ma'ae; NOES — 1
(Member Olesen). Motion approved.
6. Consideration of additional meeting dates and /or review of next committee
meeting schedule.
None
7. Committee comments/ Staff comments
Member Edinger asked for the committee's thoughts regarding section 515 of the Charter
relating to violation of an ordinance being a misdemeanor versus an infraction. Mr. Houston
explained the differences between a misdemeanor infraction with Member Dunn adding that
such provisions were written this way because citizens tend to follow the regulations better.
Meeting of the Charter Review Committee
September 26, 2013
Page 4 of 4
Member Olesen announced the upcoming Halloween parade on October 26, entering its 89
year and invited all to attend.
Assistant City Manager, Paul Emery stated staff received sufficient direction on Article V and
therefore Article V would not be necessary to re- agendize. He added that with the committee's
concurrence, Article VI and IX would be placed on the next agenda.
8. Adjournment. At 8:32 P.M. Chair Ament adjourned the meeting to October 10th, at
6:00 p.m., Anaheim Council Chambers.
p spe tf ully submitted,
Linda N. Andal, CIVIC
City Clerk