A Chase for the Charter

City Council has just a few weeks to decide whether to place charter amendment questions proposed over two months ago on Nov. 7 election ballots, and District 2 Councilor Michael Garcia has concerns about whether officials are already out of time because of delays from the city attorney.

Every 10 years, the city code requires a charter review. The city convened a Charter Review Commission toward the end of 2022 that worked with relatively little public input and city resources. Following over a dozen meetings, the commission ultimately recommended to the council in May that six amendments be placed on the ballot.

The six proposed amendments include creating a separation of powers between the mayor and council; adding language to specify operations for government finances; reducing the signature requirements for referenda and initiatives from 33.3% to 15%; adding language to address the quasi-judicial role public officials hold during land-use proceedings; creating a new Human Rights Commission and Office of Equity and Inclusion and clarifying the public involvement and resources for future Charter Review Commissions.

Councilors met on June 7 with commission members to discuss the proposals, and at the time City Clerk Kristine Bustos-Mihelcic said the city attorney would need to start drafting measures at the council’s request by July 5 in order to make a county deadline for final language in late August.

On Wednesday, councilors formally introduced three resolutions for ballot questions regarding the city charter, two that originate from the charter commission (to change the referendum and initiative signature numbers; and to amend the quasi-judicial language), and one to establish a city inspector general that officials had considered in 2017.

Garcia says he’s disappointed all six new charter commission recommendations aren’t on the table. Emails provided to SFR show he requested five pieces of legislation based on the commission’s recommendations in early June, with attorney staff reaching out June 22 asking him to prioritize the legislation. He responded, placing the charter amendments at the top of his list and asking the items “be completed by the proposed deadline as outlined by the City Attorney’s Office.”

“I’m a bit concerned given that I’ve done my due diligence, and I’ve followed the requested timeline in regards to getting the legislation introduced through the City Attorney’s Office, and it still has yet to be prepared for introduction,” Garcia tells SFR.

City Attorney Erin McSherry tells SFR via email that things are “busy,” with councilors requesting a total of 13 pieces of legislation June 7. Currently, Legislation and Policy Innovation Manager Marci Eannarino has approximately 40 pending requests from councilors for legislation, McSherry adds.

Still, according to emails provided to SFR, she told Garcia the amendments that seek to add language to specify operations for government finances; create a new office dedicated to human rights, equity and inclusion; and establish requirements and resources for future commissions could be formally introduced July 31 at the Finance Committee if completed in time, allowing the councilors to consider them during the Quality of Life Committee Aug. 2 before potential final vote approval from the governing body Aug. 9. A resolution on future charter commissions is awaiting Garcia’s review.

The final proposed amendment, the reevaluation of the mayor and City Council roles, is still in limbo. According to emails provided to SFR, the City Attorney’s Office estimated Aug. 7 would be the earliest possible date for its resolution to be ready for introduction, citing “numerous drafting, legal, policy and implementation complications” that would likely stifle it from passing, according to McSherry.

Garcia says it appears the council would have to waive committee hearings and schedule special governing body meetings to consider the measures, which he’s requested.

“I think we should give these proposals a fair shake,” Garcia said during Wednesday’s council meeting.

Councilor Chris Rivera co-sponsored the due-process resolution and also joined Garcia and Councilor Renee Villarreal in sponsoring the resolution on the inspector general. The office would oversee government activity, looking for misconduct and promoting economy, efficiency and effectiveness in operations and programs.

Rivera said he supported the new office because it would help the city identify “waste, fraud and abuse,” and noted other cities have set up a similar office.

Villarreal said she supports the idea and noted she served on the council in 2017, when a budget deficit prevented the governing body from establishing the office.

The three introduced proposals are now set for several committee meetings before a final vote Aug. 9. The last day for the city to submit ballot language for the November election is Aug. 29, according to County Clerk Katharine E. Clark.

On a separate track, City Council is considering whether to add a ballot question proposing a tax on high-end homes to fund affordable housing.