ITEM #: 7.
DATE: 11/04/2024
AI #:2273 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: |
APPROVE RESOLUTION REFERRING CITY CHARTER AMENDMENTS TO THE VOTERS
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| STAFF PRESENTER(S): |
Roric Massey, City Attorney |
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| SUMMARY |
| City Council will consider for possible action approving Resolution 2024-2430 referring four questions to the qualified voters of the City of Goodyear, amending four Articles of the City of Goodyear Charter, at a Special Election on May 20, 2025. |
| STRATEGIC PLAN ALIGNMENT |
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| RECOMMENDATION |
ADOPT RESOLUTION NO. 2024-2430
REFERRING QUESTIONS TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF GOODYEAR WITH RESPECT TO AMENDMENTS TO THE GOODYEAR CITY CHARTER, SAID QUESTIONS TO BE SUBMITTED TO THE VOTERS AT A CITY SPECIAL ELECTION TO BE HELD ON MAY 20, 2025
. (Roric Massey, City Attorney)
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| FISCAL IMPACT |
This item has no direct fiscal impact and the anticipated costs associated with the recommendations are minimal. Changes to the City Charter require an election and the costs associated with the election have been included in the fiscal year 2025 budget.
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| BACKGROUND AND PREVIOUS ACTIONS |
The Arizona Constitution grants specific authority for cities with a 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 is comprised of seven Goodyear residents: John Cox (Chair), Susan Schmelzer (Vice Chair), Fran Fee, David Halm, Jason Kish, Robert Piane, and Rodie Purcell. The Committee met three times in May and June of 2024. After extensive discussion, the Committee recommended 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 an area 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.
On September 16, 2024, the Ad-Hoc City Charter Review Committee presented its recommendations to the City Council in a work session and this Resolution is in conformance with the Committee’s recommendations. |
| STAFF ANALYSIS |
| Any proposed changes to the City Charter require approval by a vote of Goodyear citizens. If the voters approve the amendments to the Charter, the Governor is then required to sign it and when that signature is affixed, the Charter is then in effect. If the City Council approves Resolution 2024-2034 and the Call of Election, the City staff and Attorney would begin the process of placing the proposed amendments on a future election ballot. |
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