CITY OF SALINAS CHARTER UPDATE COMMUNITY OUTREACH, OCTOBER 10, 2015 By MANUELA ALBUQUERQUE, Outside Counsel * Burke Williams & Sorensen, LLP *Former Berkeley City Attorney for twenty-two years, Partner and Director of Complex Public Litigation & Projects for Burke, expertise in constitutional issues, charter cities and election law representing charter and general law cities throughout California. 1

To help the City of Salinas community understand the impetus for the City of Salinas Charter review and update. To provide information and updates to the community as the process unfolds. To obtain input from the community to inform the City Attorney and outside counsel’s review and update. 2 THE MAJOR OBJECTIVES OF COMMUNITY OUTREACH ON THE CHARTER UPDATE

Cities derive their broad powers from the California Constitution ─ Article XI, section 7. Charter cities have greater power over municipal affairs under Article XI section 5, even as to conflicting state law, under certain circumstances. Based on changes in the California Constitution, city charters went from being considered a grant of power to a limitation of power. Thus, charters should establish legal constraints on the City, not define the authority of the City. BACKGROUND LEGAL PRINCIPLES 3

Salinas was incorporated in It became a charter city in 1903 when the charter was a grant of power rather than a limitation on power. It adopted a new charter effective in The Charter still tended to have the type of detail normally found in ordinances not in a charter. SALINAS CHARTER HISTORY 4

The “new” Charter has been amended many times in the last 96 years, the last time in Insufficient thought was given to how one amendment affected the whole Charter or even the sentence before the amended one. Obsolete language remains throughout the Charter. The sections are no longer sequential due to many repealed sections. Sections on like subjects are illogically separated rather than grouped together. PROBLEMS WITH THE CHARTER: CONFUSING, OBSOLETE LANGUAGE & ORGANIZATION 5

While the Mayor is the head of the City Council, the Mayoral term is only two years while the Council term is four years. The Salinas community expressed concern to the City that the Mayor’s term was too short. The current two-year mayoral term requires City-wide elections every two years, instead of every four years. Frequent elections cost money and staff time, and may create candidate and voter electoral fatigue. POLICY ISSUE: EXPAND TERM OF MAYOR TO FOUR YEARS, SAME AS COUNCIL? 6

The Charter review project is primarily a technical update. The Charter requirement that six Council members must be elected by district will remain the same. The Charter requirement that the Council redistrict after the decennial census to maintain population equality in Council districts will remain the same. Charter language on redistricting will only clarify that redistricting must conform to any changes imposed by law (e.g. changes in federal or state voting rights laws or a ruling in a pending United States Supreme Court redistricting case on the “one person one vote” constitutional requirement). THE CHARTER REQUIREMENT THAT SIX COUNCIL MEMBERS BE ELECTED BY DISTRICT WILL REMAIN THE SAME. 7

The current mayoral term ends in November Nominations for Mayor are due in August 2o16. Candidates for Mayor need to know the length of the term before they run. Hence, outside counsel recommended two stages for the Charter update: 1) Expansion of the Mayoral term to 4 years on the June 2016 presidential primary election ballot; and 2) The comprehensive technical charter update on the November 2016 presidential general election ballot. TIMING OF MAYORAL TERM EXPANSION ─ PRACTICAL PROBLEMS 8

The current City Attorney noted what his predecessors had also observed ─ the Charter was confusing, out of date and in need of a comprehensive review and update. The City Council committed to this major technical update. Funds for the project were committed in the capital improvement budget. Expert outside counsel was retained, reviewed the Charter and concurred. THE CHARTER REVIEW PROJECT AND UPDATE PROCESS. 9

The City Council received a City Attorney and City Manager report on the Charter review and update project on September 15, Most Councilmembers supported the expansion of the mayoral term to four years; the Mayor had no preference. There was similar support for addressing the expansion of the mayoral term on the June 2016 ballot followed by the comprehensive update on the November 2016 ballot. The Mayor thereafter appointed an ad hoc Council subcommittee composed of Councilmembers Tony Barrera, Gloria De la Rosa and Jyl Lutes to provide recommendations to the City Attorney and outside counsel as to the Charter update. CITY COUNCIL SEPTEMBER 15 TH MEETING; SUBSEQUENT APPOINTMENT OF AD HOC COUNCIL SUBCOMMITTEE 10

The City Attorney posted information about the Charter review process in advance of the September 15, 2015 City Council meeting. At the September 15, 2015 Council meeting, citizens heard outside counsel’s presentation & responses to Council questions, and Councilmembers and members of the public made comments of their own. A meeting for the community at large is scheduled for October 5, 2015 at 6:00 p.m. A meeting is scheduled with the Salinas Valley Chamber of Commerce earlier on October 5 th. This PowerPoint and related written materials have been posted in advance on the City’s website. COMMUNITY OUTREACH BEGAN AND CONTINUES 11

We will now answer any questions you may have about this presentation or the Charter update, substance or process. Are there any questions? We are also interested in any comments you may have about the Charter update, substance or process. Are there any comments? THANK YOU! 12 QUESTIONS & COMMENTS?

Did this update help you to understand the reasons for the City of Salinas’ review and update of its Charter? Did you learn more about the Charter update process and substance through this update and related meeting? Did you have an opportunity to provide related comments to us today? 13 DID WE ACHIEVE THE OBJECTIVES OF THIS UPDATE ?