| ITEM #: 1. DATE: 09/16/2024 AI #:2119 |
 |
CITY COUNCIL ACTION REPORT
| SUBJECT: | GOODYEAR CITY CHARTER COMMITTEE RECOMMENDATIONS |
| STAFF PRESENTER(S): | Roric Massey, City Attorney |
OTHER PRESENTER(S):
John Cox, Chairman of Charter Review Committee
Summary
City Council will receive and review the recommendations from the Charter Review Committee and provide direction to staff. (Roric Massey, City Attorney)
FISCAL IMPACT
There are no direct fiscal impacts of this item, and the anticipated costs associated with the Committee's recommendations are minimal. Changes to the City Charter require an election that will require future action of the City Council to place on the ballot. Costs associated with a potential election have been included as a part of the fiscal year 2025 budget.
BACKGROUND AND PREVIOUS ACTIONS
The Arizona Constitution grants specific authority for cities with population of more than 3,500 to adopt a city charter. This State provision recognizes the authority of locally elected decision-makers to make local decisions, and the ability of the level of government closest to the citizens to respond to specific needs in their communities. A City Charter serves as the foundational document for governance in the City. In essence, the City Charter serves as the “constitution” of the city.
The original City Charter was adopted in 1987. It has been amended multiple times, including a comprehensive review and update in 2021. On April 29, 2024 City Council created the Ad-Hoc City Charter Review Committee (Committee) and directed the Committee to review the current City Charter. The Committee was charged with completing a more limited review of certain provisions of the City Charter.
The Committee comprised of seven Goodyear residents: John Cox (Chair), Susan Schmelzer (Vice Chair), Fran Fee, David Halm, Jason Kish, Robert Paine and Rodie Purcell. The Committee met three times in May and June of 2024.
After extensive discussion, the Committee is recommending four amendments to the City Charter amending Articles I, II, IV, & VI. The proposed amendments are summarized as follows:
Article I. The proposed amendment describes with more specificity the City’s reserved powers and preserves local control in relation to land use planning and regulation to preserve local control over those matters. The amendment details that the City Council has the authority by simple majority vote to regulate land use and development regulations, zoning ordinances and architectural design and site plan regulations.
Article II. The proposed amendment to Article II recommends changes to how adjustments are made to compensation and benefits for the City Council. The amendment preserves the role of the Citizen’s Compensation Committee on salaries, but adds benefits as areas the committee may make recommendations on. The proposed amendment further specifies that the Committee’s recommendations on adjustments to salaries or benefits for the City Council may only be accepted or rejected by the City Council and any adjustments become effective the following budget year.
Article IV. This proposed amendment would shift the authority to create, delete, or reorganize the various city departments from the City Council to the City Manager. This authority would be limited by the approved budget authority and would need to remain within the approved employee counts approved by the City Council.
Article VI. The proposed amendment preserves local control and clarifies that the City Council has the authority by simple majority vote to levy certain taxes including for retail, food for home consumption, online, restaurant and bar, utilities and communications, commercial real property rental, residential real property rental, hotel and construction sales tax among others not otherwise prohibited by Federal or State Constitutions. The amendment further preserves the city’s bonding and debt issuance authority under current legal requirements.
The original City Charter was adopted in 1987. It has been amended multiple times, including a comprehensive review and update in 2021. On April 29, 2024 City Council created the Ad-Hoc City Charter Review Committee (Committee) and directed the Committee to review the current City Charter. The Committee was charged with completing a more limited review of certain provisions of the City Charter.
The Committee comprised of seven Goodyear residents: John Cox (Chair), Susan Schmelzer (Vice Chair), Fran Fee, David Halm, Jason Kish, Robert Paine and Rodie Purcell. The Committee met three times in May and June of 2024.
After extensive discussion, the Committee is recommending four amendments to the City Charter amending Articles I, II, IV, & VI. The proposed amendments are summarized as follows:
Article I. The proposed amendment describes with more specificity the City’s reserved powers and preserves local control in relation to land use planning and regulation to preserve local control over those matters. The amendment details that the City Council has the authority by simple majority vote to regulate land use and development regulations, zoning ordinances and architectural design and site plan regulations.
Article II. The proposed amendment to Article II recommends changes to how adjustments are made to compensation and benefits for the City Council. The amendment preserves the role of the Citizen’s Compensation Committee on salaries, but adds benefits as areas the committee may make recommendations on. The proposed amendment further specifies that the Committee’s recommendations on adjustments to salaries or benefits for the City Council may only be accepted or rejected by the City Council and any adjustments become effective the following budget year.
Article IV. This proposed amendment would shift the authority to create, delete, or reorganize the various city departments from the City Council to the City Manager. This authority would be limited by the approved budget authority and would need to remain within the approved employee counts approved by the City Council.
Article VI. The proposed amendment preserves local control and clarifies that the City Council has the authority by simple majority vote to levy certain taxes including for retail, food for home consumption, online, restaurant and bar, utilities and communications, commercial real property rental, residential real property rental, hotel and construction sales tax among others not otherwise prohibited by Federal or State Constitutions. The amendment further preserves the city’s bonding and debt issuance authority under current legal requirements.
STAFF ANALYSIS
Any proposed changes to the City Charter require approval by a vote of Goodyear citizens. As a result, should the City Council move forward with the Committee recommendations or any other charter amendments, the City staff and Attorney would begin the process to place the proposed amendments on a future election ballot.