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05-26-2015 Agenda with backup
City Council Agenda REGULAR SESSION CITY COUNCIL May 26,2015,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flats of the United States and State of Texas. (Mayor Pro -Tem Edwards) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentation • Proclamation recognizing the revitalization of the Gutierrez Xeriscape Park and the many volunteers. (Mayor Carpenter) • Briefing regarding Cibolo Valley Local Government Corporation (CVLGC) and the City of Schertz Partnership. (Justin Murray) • Presentation and overview of the activities of Northeast Lakeview College. (Dr. Craig Follins) Workshop • Presentation and discussion regarding a proposed Mayor /City Council Member for the day program. (B. Dennis /B. Williams) 05 -26 -2015 Council Agenda • Workshop Discussion Regarding Requiring Elevation Surveys of All New Residential Foundations. (Requested by Councilmember Fowler) (B. James /M. Sanchez) • Workshop discussion regarding the City of Schertz 2012 International Fire Codes and amendments thereto.) (D. Wait /D. Covington /J. Perry) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific, factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 19, 2015. (J. Kessel /B. Dennis) 2. Resolution No. I5 -R -39 — Consideration and /or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County. (B. James) Roll Call Vote Confirmation Requests and Announcements 3. Announcements by City Manager • Citizen. Kudos • Recognition of City employee actions • New Departmental initiatives 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 5. Announcements by Mayor and Councilmembers • City and community events attended and to be attended 05 -26 -2015 City Council Agenda Page - 2 - • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 6. Information available in City Council Packets - NO DISCUSSION TO OCCUR • 2015 Charter Review Commission Final Report Executive Session 7. City Council will meet in closed session under Texas Government Code Section 551.071, Consultation with Attorney, to discuss and deliberate legal issues associated with the Economic Development Incentives Agreement (Amazon. com. KYDC LLC). 8. City Council will meet in closed session under Texas Government Code Section 551.074 Evaluation of the Municipal Judges and Prosecutor. 9. City Council will meet in closed session under Texas Government Code Section 551.074 Evaluation of the City Manager. Reconvene into Reiular Session 7a. Take any necessary action based on discussions held in closed session under Agenda Item number 7. 8a. Take any necessary action based on discussions held in closed session under Agenda Item number 8 including possible increase in salary. 9a. Take any necessary action based on discussions held in closed session under Agenda Item number 9 including possible increase in salary. Roll Call Vote Confirmation Adiournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 22nd DAY OF MAY 2015 AT 9:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevu �p veww'Ls Brenda Dennis, City Secreta 05 -26 -2015 City Council Agenda Page - 3 - I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. ;��lil�[�11'[K�lu 1►i I (11� 11 � �/_�►1 �7 � /_\ f.Y�]► /_�.Y.y [�►i►i i �1►11 r►`� Mayor Carpenter Mayor Pro -Tem Edwards — Place 4 Audit Committee Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Cibolo Valley Local Government Corporation Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation. Councilmember John — Place 3 Councilmember Thompson Place 5 Lone Star Rail District Audit Committee 05 -26 -2015 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2015 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on May 19, 2015. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of May 19, 2015. Minutes — Regular meeting May 19, 2015. MINUTES REGULAR MEETING May 19, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 19, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Daryl John Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Carpenter called the meeting to Invocation and P1edtes of Alle0ancf Texas (Pastor Carnell Durant, Everyday Pastor Durant provided United States and the S1 of the and the State of the Pledges of Allegiance to the Flags of the y Events and Announcements • Announcements of upcoming City Event's (J. BierschwaleB. James) Carpenter rec6 ized Executive Director Brian James who provided the following • May 20',, Bond Committee Public Input Meeting #1- Corbett Jr. High, 1.2000 Ray Corbett Drive, 6:00 P.M. • May 21St, Chambers After -Hours Mixer -HEB Bar and Grill 5:30 P.M. • May 21St, Bond Committee Public Input Meeting #2- Sippel Elementary, 420 Fairlawn Avenue, 6:00 P.M. • May 22nd, Chamber Ribbon Cutting -My Madea's Restaurant, 3893 Cibolo Valley Drive, Suite 106, Cibolo, 4:00 P.M. • May 24th EMS Banquet -Civic Center, 6:00 P.M. • May 25th Memorial. Day -City Offices Closed 5 -1.9 -201.5 Minutes Page -1- • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he would defer his announcements until later in the evening due to the large audience tonight that are patiently waiting for their presentations. Presentation A. Resolution No. 15 -R -37 - Consideration and/or action approving the 2015 Recipients of the Hal Baldwin Scholarship and resolving other matters in connection therewith. (B. Cantu /S. Gonzalez) (Jonathan Mitchell, Roni Fraser) The following was read into record: RESOLUTION A RESOLUTION BY THE CITY C1 TEXAS APPROVING THE 2015 R SCHOLARSHIP, AND RESOLVING THEREWITH Mayor Carpenter recognized Assist introduced this item stating that last Committee met, reviewed, selected a individuals to receive this year's Hal presentation, I arcommend- that Cour $1,500 and Jonathan Mitchel $2,500. Of THE CITY OF SCHERTZ, TS OF THE HAL BALDWIN MATTERS IN CONNECTION City Manager Sarah Gonzalez who e Hal Baldwin Scholarship Advisory aded two very highly qualified young holarship. Before we move on to the the Resolution, awarding Roni Fraser Unfortunately, our second place Scholarship Recipient, Roni. Fraser, is not able to attend tonight. ' Wh n I spoke with her last week to share the good news, she was disappointed she could not he here in person. But she has a very good reason. Roni is currently at Spring Training for T'pur for Tro6pers, which is part of Drum Corps International or DCI. Roni, along with other members who are a part of this group, train upwards of 12 plus hours a clay as a professional musical marching unit. The group then travels across the United States to Comte in national DCI events against other corps units for 2 months, before competing at the World Championships in Indianapolis in early August. DCI is known as the'Major League for musical marching and as you can tell, being selected to be a part of the Troopers is a great honor. Roni very much wants to meet the Council and the Scholarship Committee, so during her one week back before heading off to college, she will come to the Council Meeting for her Scholarship Presentation. That date will be Tuesday, August l Ith Now, on to our first place Scholarship Recipient, Mr. Jonathan Mitchell. I would like to invite Mayor Carpenter (and any Scholarship Committee members who are here) to come help with the presentation. Jonathan if you can also please come up. Jonathan is a senior at Samuel Clemens High School who himself has a long list of accomplishments. 5 -1.9 -201.5 Minutes Page - 2 - Jonathan is a head drum major, an all -state trumpet player, an Eagle Scout, a Princeton Book Prize Nominee and a National Merit Scholar, just to name a few. Jonathan also knows how to give back to his community; for his Eagle Scout project, he logged 234 service hours, raised $1,000 and organized the construction of 100+ care packages for the Wounded Warrior Program. When discussing his future, Jonathan mentioned in his personal statement that he originally thought he wanted to become an architect. But, as time progressed, he realized instead, that he not only wanted to build houses, but also everything that goes around them. He wanted to build and design communities in which people live. Jonathan plans to do this by getting a degree in mechanical engineering with a focus on civil engineering /construction management aspects. He will attend Texas A &M University — Gig'em Aggies — and join the Corps f Cadets while pursuing his degree. When asked about being a public servant, Jonathan mentions that "public service is all about serving those in your community. In .many )X*s, it is about servant leadership; leading those who elect you, by serving their best interests." His Boy Scout Committee Leader had this to say about him:, :'`Not Only does Jonathan embody all the necessary qualities of leadership, experience and selfless duty, he is th` kind of young adult who will serve his community e and = Nation with honor." The Scholarship Committee agrees and looks forward to seeing great things from you, Jonathan. Congratulations! regarding Cardiac Arrest Survivors). (D. Mabbit) Mayor Carpenter recognized EMS Director Jason Mabbit who provided a Power Point presentation regarding: • Sudden Cardiac Arrest • Why learn CPR • Cardiac Arrest Save: June 2014 Paramedic Wess Dailey, Todd Kaiser, FF /Paramedic Pam Loeffler and FF /EMT Mark Gonzales saved a 75 y/o female in respiratory arrest. • Cardiac Arrest Save: November 2014 FTO/Paramedic Eddie Rodrigues, Paramedic Jose Hernandez, Paramedic Matt Gonzales, FAO /EMT Jesse Ruiz and FF /EMT Justin Schwersinske saved a 49 y/o male in cardiac arrest. 5 -1.9 -201.5 Minutes Page - 3 - • Cardiac Arrest Save: December 2014 Paramedic Mark Southwell, Paramedic David Retano, and Supervisor/Paramedic Toni Bradford saved a 93 y/o female — C/O chest pain. • Cardiac Arrest Save: June 2014 Paramedic /RN Jeff Pickering, Paramedic Jessica Aird, Supervisor/Paramedic Toni Bradford, Paramedic Mike Shown, BC /EMT Harry Hewlett, FF/Paramedic Andy Lambert, FF /EMT Mack Melancon, FF /EMT Jesse Ruiz and FF /EMT Jason saved 81 y/o male — SCA Mr. JD Jones. • Cardiac Arrest Save: August 2014 Paramedic Jacob Conell, Paramedic Leon Allegretti, Supervisor /paramedic Matt Troncoso, Paramedic Kellie Burnam, Lt. /AEMT Scott Lee, FF /EMT Moises Sandoval/ FF,i'EMT Ethan Hernandez and FF /EMT Enrique Escobedo saved 47 y/o male", chest pains — Mr. Mike Schurlock. • Cardiac Arrest Save: February 2015 Paramedic Jessica Aird, Paramedic Russell Monroe and Supervisor/Paramedic Matt Troncoso saved '76 ,y /o male — chest pains — Mr. Santiago Martinez. • Cardiac Arrest Save: July 2015 Paramedic Bud Hirschberg, ' Paramedic Mike Jernigan, Peramedic Ronnie Muse, Par:rnedic Kellie Burnam and Supervisor /Paramedic Toni Bradford saved 51 y/o male — chest pains — Mr. Sam Rhodes. Mr. Mabbit thanked the Couni; ,, Schertz Dispatch,, Schertz Police Department, Schertz EMS, Schertz Fire Depar input Cibolo Fire Department, Live Oak Fire Department, Northeast Methodist Hospital and Christus Santa Rosa, New Braunfels. Mayor Carpen ter m oved i6 the Proclam ation rea" ding for EMS. Proclamations • Proclamation EMS Week (Mayor Carpenfer/D. Wait /J. Mabbit) Mayer Carpenter read I the EMS: Week Proclamation to the group and thanked them for their outstAtiding dedication and care to the residents and patients of the area. Mayor Carpenter also congratulated Jason'M abbit on his newly appointed role as Schertz EMS Director. Mayor Carpenter stated that earlier Live Oak City Councilman Ed Cimics was in the audience, but has since Deft. He also recognized County Commissioner Jim Wolverton who was with us toniLYht. Mayor Carpenter moved back to the Presentation section. C. Presentation regarding the award for the new Budget App. (B. James /M. Clauser) Mayor Carpenter recognized Executive Director Brian James who stated this year when we were getting ready for the first public budget workshops, staff had been discussing how we can engage more folks in this process. A group of staff members came up with a `Budget Cents Simulator'. They also included a few people from the 5 -1.9 -2015 Minutes Page - 4 - to community (Clare Layton and Richard Dziewit) to help review it. Initial comments were that it was amazing that staff did this on their own and did not go out and buy it. Subsequently, they won an award for it. IT Director Myles Clauser came forward stating this has been a collaborative effort over time to find ways to explain how cities do their budgets. The challenge is to find a way that makes sense to people. So they put together a group of staff members and built an `app', the `Budget Cents Simulator'. It is now available on the main site of the city website for the general public. He introduced Computer /Web Technician JoAnna Takemura who did all the creating, programming and graphics work. Ms. Takemura stated the award received is the 2015 . Excellence Award from the Texas Association of Governmental Information Technology Managers. It was one of three awards they present. She stated this app was- built in''-'h'o- -use and serves as an interactive educational tool that illustrates how choices are made during the budget process each year by citizens, elected of"icials =and city staff. She proceeded to provide a live demo of how the app works. She thanked City Manger John Kessel, Executive Director Brian James, and 4T Director Myles Clauser for their' innovation and refinement of the app. JoAnna thankd Finance ; Sr. Budget-Analyst James Walters who made sure the numbers added up and made sense. Other key staff members included Tony McFalls, Judy Vela, Linda Klepper and Sarah Gonzalez, who all assisted with testing. , also assisting were IT staff members, :Dallas Berry, Kyle Gaertner, Eric Haugen, Tammy Lawrence and Ray Nichols. Other staff gave valuable assistance during the budget retreat as well as citizens Clare Layton and Richard Dziewit. They will continue to be nm atiwe and come up with different ways for our citiens to grasp some "of our complex concepts. Presentation from the Schertz Library regarding their Summer Reading Club. (B. James/M. Uhlhorn/A. Toman/E. Blase) Mayor Carpenter recognized Youth Services Librarian April Toman and Adult Services Librarian Elizabeth Bertoia who provided a PowerPoint presentation on the Summer Reading Program at the Library. The theme this year is on `Heroes ". The summer reading program entices children to read when school is not in session. The Schertz program is for seven weeks. It also offers programs for all ages, babies through seniors. They offer more than just reading (i.e. computer classes) and are currently part of the Collaborative Summer Library Program (CSLP) which is a consortium of states working together to provide libraries with high quality summer reading program materials at a low cost. Open House Registration Day is Saturday, 5 -1.9 -201.5 Minutes Page - 5 - June 6 at 12 p.m. The first day of Summer Reading Programs begins on June 12 and programs will run until Friday, July 31. The program is completely funded by the Schertz Library Advisory Board; this year's budget is $3,800 for all four programs and will allow for prizes, decorations, programming supplies, and guest speakers. Area businesses donate approximately $2,500 in the form of gift certificates, gift cards, and merchandise each year as incentives for the programs. A few main events this summer include: 1) Schertz Public Library Touch a Truck & Auto Show— Thursday, June 25 2) Life Size Game Day — Saturday, July 18 3) Reading Flash. Mob — Saturday, July 25 4) Who is Your Hero? Essay Contest — Essays due Fridays July 24 5) Comic Con — July 1.1 They presented some `super hero' T- E. Presentation from Yellow Cab Memorial Service. (Mayor Carpe Texas regarding the recent Police Mayor Carpenter recognized George Alva who stated Yellow Cab is a cab service provider in the San Antonio anal surrounding area. Their fleet of nearly 600 independent contractor drivers pr6viId service 24/7 everyday of the year. They also have the world's easiest phone number to remember (222- 2222). They have always supported the men and women who put on their uniforms to protect us from those who would do a 'harm: police officers, firefighters, sailors, soldiers, coast guards, marines and airman are our heroes. Thev have hosted wounded warrior appreciation of • Mr. Reed Carr, "3509 Columbia, who stated he is the President of the Northcliffe HOA. They have previously asked the city for help in asking the city officials to do their jobs; specifically, the Marshal's Office and the Police Department. An example of what they have asked for help in enforcement is addressing a lousy looking neighborhood (i.e. unkempt yards). Other examples are abandoned vehicles and large motor homes parked for long periods in the street, and street improvement. For future street improvement, they would like to specifically ask not to use the contractor who did the Country Club Street. 5 -1.9 -201.5 Minutes Page - 6 - • Mr. Greg Mims, 21895 Old Nacogdoches Road, New Braunfels, TX, who spoke about the asphalt plant that was discussed at the last city council meeting. How many people have to be opposed to the plant's construction to stop it? What total percentage of the local population has to rise up in opposition to stop this? Are any of the local neighborhoods in favor of it? There is also concern about property value estimates. The opposition will not go away. If the city adopts a resolution opposing this facility, government of the City of Schertz will show that they hear us. The larger question is what more can we all do to stop this? • Mr. Glen Outlaw, 3729 Forsyth Park, who stated he attended the Police Memorial Service last week and it was the best one he attended and seen since he has been associated with the City. Chief Hansen (Schertz) and Chief Gci,(Cibolo) along with city staff support put on an excellent presentation. It way' pleasing: to see other participants such as the Samuel Clemens Band. A nice lunch: was served afterward and it gave everyone an opportunity to sit down and visit and remember. • Mr. David Richmond, 2921 Bent Tree Drives who stated the Development Services Department, is in the process of adopting the 21112 International Building Code for the City of Schertz. Part of the code relates to permitting construction projects. This requirement has helped our city; grow with high quality work in all sectors of the economy. Permit requirements help,: protect our citizens from, shoddy work. There is concern that continued strong building grow th will limit our:staff to random inspections and delay granting permits. A possible solution would be to eliminate the requirement on certain projects which replace like for like products (sitting on a house that matches what is already there). 0—rice wd, make an exception, there is no turning back. The appearance of our city attests to our current high 'standards. If we need to accept only random inspections them o be it. The permit itself, requires homeowners and contractors to meet or exceed building code requirements and gives the city clout if these standards are not met. He urges the city council to oontirr supporting our current building permit process without exceptions for all" as we adopt the 2012 building code. . George Brannon; 9233 Gloxinia Drive, Garden Ridge, TX, who stated Garden Ridge has already had problems such as gun range issues, flood plain problems, a loud train, noisy-FM 3009, and a subdivision next to a quarry. We don't need another issue to have to explain an impact on property values in Garden Ridge (i.e., asphalt plant). This would not help four property values. His concern is that this operation has been turned down elsewhere and theyvill simply keep trying until they get in somewhere. Mayor Carpenter moved to Item No. 2. 2. Resolution No. 15 -R -38 — Consideration and/or action approving a Resolution in support of citizen concerns related to the location and operation of an Asphalt Plant within the City of Schertz Extra Territorial Jurisdiction and adjacent to the City of Garden Ridge. (Item requested by Mayor Carpenter) (M. Carpenter) The following was read into record: 5 -1.9 -201.5 Minutes page - 7 - RESOLUTION NO. 15 -R -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, IN SUPPORT OF CITIZEN CONCERNS RELATED TO THE LOCATION AND OPERATION OF AN ASPHALT PLANT WITHIN THE CITY OF SCHERTZ EXTRA TERRITORIAL JURISDICTION AND ADJACENT TO THE CITY OF GARDEN RIDGE. Mayor Carpenter stated this proposed plan is outside the limits of the City of Schertz and therefore we have no say in what gets built or does not get built there; it is state law that governs that area. However, this Council does share everyone's concern. He asked if Council had any comments or questions. Mayor Carpenter recognized Councilmember of Hansen came up many times. He contacted property to a third party and so technically;,, should not include the Hansen name. Mayor Carpenter recogn individuals build jn the want it but we can't stol has put itself in by havzn all of ET 's and see a It is going at we can t we r who stated last week the name st week, but'thpy have leased the not involved and anv resolution who said what Councilmember it their motive is, but there is a €6, it-out. FM 2252 is going to be project does not take place. He that would be safe and be ly opposes this plan. ber Fowler who stated we have no say in what to be a hard lesson for us to say no we don't do: is to try to protect the vulnerability the city ,-e not developing. He thinks we should look at legally to have some control over them in the Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if we could put this as part cif our strategic plan going forward for the ETJ to be looked at. Perhaps we need to talk with, the landowners in south Schertz off of FM 1518 and try to get some pre development agreements in place so this does not happen again. Mayor Carpenter said when we get tbi the,items to be placed on future agendas, let's make sure we do so. Mayor Carpenter recognized Mayor Pro-Tern Edwards who moved, seconded by Councilmember John to approve Resolution No. 15 -R -38. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. 5 -1.9 -201.5 Minutes Page - 8 - Workshop • Discussion regarding use of hand held devices while driving and distracted driving generally. (J. Bierschwale /D. Wait /M. Hansen) Mayor Carpenter recognized Police Chief Hansen and Lt. Manny Casas who introduced this item stating that last month they were asked to come back with two pieces of information concerning this proposed ordinance. The first one was for information on local statistics and the second request was on commentary on local enforcement. The information available to us from the state is broken down,by county. The most recent data is from 2013. Comal and Guadalupe counties each lad just under 2,000 crashes reported with Comal reporting 15 % and Guadalupe rertirig26% credited to distracted drivers. Bexar County had just under 40,000 crashes,teported and they had nearly 53% related to distracted drivers. Statewide the numbs of, crashes was 440,000 with 21% related to distracted drivers. Locally, we do not maintain crash reports. Our data goes directly to the state, but in 2013, it shows e: had 4 crashes related to distracted drivers. In most cases, we focus on the cause of the accident such as a vehicle crossing the center lane. So some cases could be underreported. Lt. Casas is here tonight to present infoi patrol division which includes patrol ordinance does go forward we would w public service announcements by using such as Twitter and Facebook. We we for a `grace period.,, Internally we v identifying lane,, drifts, traffic conflict, would be officer ;discretion. He has full whether or not to cite the motorist. Lion regarding implementation. He is over the traffic enforcement. Lt. Casas stated if this to het the word out to the public by utilizing local media and using our own social media ["post signs at entrances to the city and allow Id train our officers to look for things like ual crashes and near crashes. In the end it th that their officers would do a good job on Maypr' Carpenter recognized Councilmember Azzoz who thanked Police Chief Hansen . for this information. There are currently 24 states who have banned texting while driving. Texting is absolutely dangerous when driving. Driving is a privilege. The seat befit law has saved lives. He would suggest putting a packet together do we want to tackle texting and driving only or texting and driving and hand held device all together. He thanked him for al their information. Mayor Carpenter recognized Mayor Pro -Tern Edwards who stated he doesn't want to duplicate any efforts that our state is working on. He asked if we already have a local distracted ordinance on the record. Chief Hansen said yes but it was specific to television receivers. He suggested we wait and see what happens with the House Bill that comes out. He thanked Councilmember Azzoz for bringing this topic up. Councilmember Azzoz stated he does not think we should wait for the state and that we should be the leaders in protecting our citizen's lives. He said he thinks this is a good time to keep a focus on this matter. Councilmember Thompson asked if there was a way we could begin to determine the cause of distraction and proactively determine what specifically 5 -19 -201.5 Minutes Page - 9 - distracted the driver. Chief Hansen said yes they can address that internally with our local officers. Right now the only focus is on cause and fault. Mayor Carpenter stated in his opinion this is neither about a device nor texting, but rather it is about bad behavior and bad choices. The most advantageous thing would be considering something about distracted driving generally. If we can address the bad behavior across the board, that makes more sense. His other preference would be where it would be an upfront thing where we would just provide citations. As is done in Germany, if an accident happens and the investigation reveals evidence that you were distracted, your fines will triple. Executive Session Mayor Carpenter recessed the regular meeting at 7:42 p 3. City Council will meet in closed section under Texas Consultation with Attorney and 551.074 Personnel N Member has a direct or indirect financial interest in a Section 4.07. Reconvene into Regular Session Mayor Carpenter reconvened into regular session 3a. 1 Take any action Mayor Carpet we are in violati Councilmember closed nment Code Section 551.071 regarding whether a Council at with the City, City Charter under Agenda Item 3. ouncilmember Azzoz who stated he believes strongly that - barter Section 4.07 and he wants to make a motion to ask tee down from his respected seat. arpenter recogni 4 Councilmember Azzoz who moved, seconded by ,mber Fowler asking, Councilmember Thompson to step down from his seat. Th±' vote was: 1 -4 -0, with Councilmember Azzoz voting for, Mayor Edwards, ouncilmembers Fowler, John, and Thompson voting no. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 12, 2015. Q. Kessel /B. Dennis) Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve the minutes of the regular meeting of May 12, 2015. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed. 5 -1.9 -201.5 Minutes Page - 10 - Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote information for agenda items A, 1, 2 and 3 a. Workshop • Discussion regarding the City Charter Section 4.07 — Prohibitions and discussion regarding the City Charter generally. (M. Carpenter /C. Zech) No discussion occurred. Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No 6. Announcements by Mayor and Councilmembers Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: • May 12, AMM Collision Center Grand Opening • May 19, Schertz Monthly Chamber Luncheon He also stated he noticed in some of the presentations today at the chamber luncheon that there were a lot of young people taking leadership roles, which he was glad to see. 5 -1.9 -201.5 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Thompson who stated he attended the following event: • May 14, Police Memorial Day Service front of the Schertz Police Department Adjournment Meeting was adjourned at 8:42 p.m. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 5 -1.9 -201.5 Minutes Page -12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 26, 2015 Department: City Manager Subject: Resolution No. 15 -R -39 - Consideration and/or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County, and other matters in connection therewith. (B. James) BACKGROUND In 2012 . the City of Schertz accepted an offer to participate with Bexar County in the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Programs. Typically, suburban cities will "loan" their population to Bexar County Community Resources Department to increase funding available for the program which is then allocated by Bexar County Commissioners Court in the unincorporated portions of Bexar County and in participating cities. This made Schertz eligible to compete for projects as it did in the late 1980s . and early 1990s. This money can be used for many income - dependent projects including the following: • senior citizen day care and community centers (not income- dependent), • ADA sidewalks (not income - dependent), • water systems and mains, • street reconstruction, • drainage projects, • housing rehabilitation and • public assistance for the elderly and low income citizens. Schertz was awarded $61,884 for the Pickrell Park ADA walkways project that is currently nearing completion. Most recently Schertz applied for funds for waterline upgrades in Aviation Heights. Additionally, Bexar County has several on -going programs Schertz residents are able to participate in including housing rehabilitation and housing replacement (income dependent). Funding depends on Congress and is distributed to recipients (such as Bexar County Community Resources) based on formula. Bexar County will then issue a call for projects and then will issue awards. Schertz is not eligible to become a direct recipient of funds from HUD until its population reaches 50,000. City Council Memorandum Page 2 In 2012, Schertz entered into a 3 year agreement with Bexar County to participate in the program. The proposed agreement extends the City's participation for another 3 years. If the City does not choose to continue to participate in the Bexar County program, it will be eligible to participate in the State Department of Agriculture's CDBG program for rural communities. Goal Continued participation in Bexar County's CDBG, HOME and ESG programs Community Benefit Provide an additional funding source for projects throughout the City of Schertz. Summary of Recommended Action Recommend approval of a resolution and agreement authorizing continued participation in Bexar County's CDBG, HOME and ESG programs. FISCAL IMPACT None at this time. Recommend approval of a resolution and agreement authorizing participation in Bexar County's CDBG, HOME and ESG programs. ATTACHMENT Letter from Bexar County Regarding Participation Resolution N. 15-R-39 CDBG Program Cooperative Agreement RESOLUTION NO. 15 -R -39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re- qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2016, 2017 and 2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 26th day of May, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT A -1 0 ZZIRM IZ Mayor of Schertz 1400 Schertz Parkway Schertz, Texas 78154 - ,M» =row 11W11-11M ui� T I V aA _I,:;; MMMUTTIvy RieveioprFle-71-617M F' I 2016, 2017 and 2018. Over the past twenty-nine years ■ exar County and its partner cities have received over $74,270,000 in HUD funding. These and have been used successfully to initiate infrastructure, public facility construction and public service projects. As a participating city, Schertz will have access to services like infrastructure improvements, , «£ ©f22 . public service and housing. In the past, Schertz has received over $430,744 in funding for water and park improvements. We are asking that Schertz re-new its partnership for the next three year Urban County entitlement period so that we may continue these mutually beneficial community development activities. Attached are two original cooperative agreements for your review and execution. This agreement will allow your city to have access to CDBG, HOME and ESG funds during 2016-2018. Is, ASMVA IL Honorable Nelson W. Wolff County Judge C/O Bexar County Department of Community Resources Attn: Community Development & Housing Division 233 N. Pecos, Suite 590 San Antonio, Texas 78207 Should your city decide that it does not wish to participate in Bexar County's Urb County designation, your written notice must be forwarded to me at the addre listed above and to- I Elva F. Garcia Director, Community Planning and Development U.S. Department of Housing & Urban Development H.F. Garcia Federal Building/US Courthouse 615 E. Houston Street, Suite 347 San Antonio, TX 78205 If your city participates in Bexar County's Urban County designation, it will be eligible f(M the County's funding but will not be eligible for funding through the HUD Small Cities • State program. I Thank you for your consideration. If you have any questions about the Urban County designation, CDBG or HOME programs, please do not hesitate to Alma R. Perez, Community Development and Housing Manager via phone at 210-335-6567 or by email at alma.perez@bexar.org. 93=, cc: Commissioner Tommy Calvert, Pct. 4 20 16 — 2018 Urban County Re-qualification File ORIGINAL STATE OF TEXAS § COMMUNITY DEVELOPMENT § BLOCK GRANT PROGRAM COUNTY OF BEXAR § COOPERATIVE AGREEMENT This agreement (the "Agreement") is entered into by and between Bexar County ("COUNTY"), a political subdivision of the State of Texas, and City of Schertz ("CITY"), a municipal corporation under the laws of the State of Texas (also, individually, a "Patty" or, collectively, the "Patties"). 1. The specific purpose of the Housing and Community Development Act of 1974, as amended, is the development of viable communities. 2. CITY has elected to have its population included as a portion of COUNTY's population in COUNTY's "Urban County" applications to the U.S. Department of Housing and Urban Development ("HUD") for the Community Development Block Grant ("CDBG") Entitlement Program, the HOME Investment Partnership Program and Emergency Solutions Grant Program ("ESG") (collectively, the "Grant Applications"), and COUNTY is willing to include CITY's population in the Grant Applications. 3. COUNTY wants to be designated as an "Urban County" by HUD in order to receive a formula share of program funds, provided that COUNTY has a population of 100,000 (excluding the population of its metropolitan cities) and has combined population of at least 200,000 included in its unincorporated areas and its included units of general local governments for essential Community Development and Housing-Assistance activities. 1.01 CITY authorizes COUNTY to include CITY's population in the Grant Applications in order to qualify for a formula share of the entitlement funds through ITUD's CDBG Entitlement Program and the HOME Investment Partnership ("HOME") Program, and COUNTY agrees to include the same in the Grant Applications. 1.02 CITY shall not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years in which this Agreement is in effect. Further, CITY shall not participate in a HOME consortium except through COUNTY, regardless of whether COUNTY receives a HOME formula allocation during the fiscal years in which this Agreement is in effect. CITY may receive a formula allocation under the ESG Program only through the COUNTY. 2.01 Term. This Agreement is effective for the three-year qualification period of Fiscal Years 2016, 2017 and 2018. This Agreement remains in effect until the CDBG, HOME Program and ESG Program funds and income received with respect to the three-year qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate or withdraw from this Agreement while it remains in effect. 2.02 Automatic Renewal; Termination. This Agreement will automatically renew for each new three-year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three-year qualification period. COUNTY agrees to notify CITY of its right to elect not to participate in a new qualification period by the date specified in the HUD's Urban County Qualification Notice for each new qualification period. Failure by either Party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a new qualification period, and to submit the amendment to HUD, shall void the automatic renewal of this Agreement. ARTICLE III OTHER HUD REQUIREMENTS 3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking, community renewal and lower- income- housing - assistance activities. A. Urban - County - Certification. The Parties will take all actions necessary to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws to affirmatively further fair housing. B. Environmental and Civil-Rights. The Parties will take all required actions to comply with the provisions of the National Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 3.03 Furtherance of Fair Housing. COUNTY prohibits the CITY from using CDBG or HOME Program funding for activities in or in support of the CITY that does not affirmatively further fair housing within its own jurisdiction or that impedes COUNTY's actions to comply with its Fair Housing Plan and fair housing certification. 3.04 Excessive-Force Policies. COUNTY and the CITY have adopted and are enforcing: 1) a policy prohibiting the use of excessive force by law enforcement agencies with its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within the jurisdiction. 3.05 No Veto of Plan. Neither Party to this Agreement may veto or in any other way obstruct the implementation of the approved Consolidated Plan (the "Plan") during the period for which COUNTY is seeking to qualify as an Urban County, nor may either Party be required to undertake any activities not specifically in the Plan. In addition, nothing contained in this Agreement will deprive any municipality or other unit of local government of any powers of zoning, development control or other lawful authority which it presently possesses. 3.06 CITY is Subrecipient. Pursuant to 24 CFR 570.501 (b), the CITY is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 3.07 Urban County Program Responsibilities. COUNTY will adhere to HUD requirements regarding public hearings and will have final responsibility for selection of projects, the filing of annual grant request and the preparation of annual performance reports. 3.08 Certification Required. This Agreement is not effective unless and until it is executed by both Parties and certified by counsel for COUNTY. 3.09 CITY may not sell, trade or otherwise transfer all or any portion of CDBG funds to a metropolitan city, urban unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 4.01 No amendment, modification or alteration of the terms of this Agreement will be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. This Agreement is executed in duplicate originals this _ day of 2015. A 11011KIN By: By: Nelson W. Wolff County Judge ATTEST: By: Gerard Rickhoff County Clerk APPROVED AS TO LEGAL FORM: Nicholas "Nico" LaHood Criminal District Attorney Bexar County, Texas By: Jill Torbert Assistant Criminal District Attorney Civil Section APPROVED AS TO FINANCIAL CONTENT By: M Susan T. Yeatts County Auditor David Smith County Manager go Michael Carpenter Mayor ATTEST: City Secretary By: City Attorney APPROVED: By: Aurora M. Sanchez Executive Director Bexar County Community Resources REPORT OF THE 2015 City of Schertz CHARTER REVIEW COMMISSION Mark Davis, Chair Michael Dahle, Vice -Chair Reginna Agee Bert Crawford Jana Volitis May 15, 2015 Honorable Mayor and City Councilmembers: The members of the 2015 Schertz Charter Review Commission held a series of meetings to review the Schertz City Charter and consider whether any amendments or revisions were necessary. During our initial meeting, the Commission decided to conduct a review of the entire City Charter, with the following goals: a) Attempt to streamline the Charter if possible by identifying items that could be eliminated due to being redundant, i.e., repeated or addressed in more than one section of the Charter or repetitive of existing State Law. b) Identify sections of the Charter that might need revision to improve the operational procedures of the City or clarify exiting guidance. c) Identify any deficiencies in the Charter that would warrant the addition of new policies or procedures for the effective administration of the City. We have concluded our work and present our final report to you as directed by the City Charter, Section 12.05(4). This report identifies the propositions and accompanying Charter sections that the Commission has identified for submission to the City voters for consideration on the November 2015 ballot. This report begins with a summary of our recommendations. The summary is followed by the each individual proposals and actual text of the applicable amendments (deletions, revisions and additions). Within the text of each amendment, blue underlined text indicates language proposed to be added and indicates language proposed for deletion. Each of the proposed text changes is followed by a brief statement of the CRCs rationale for proposing the Charter change. Finally, we've included the Commission's Council transition plans should the voters approve or disapprove Proposals 2 and 3. We appreciate the opportunity to serve you and the citizens of our community through the Charter review process. Respectfully submitted, Members of the Schertz 2015 Charter Review Commission �04 Mark/T)avis, Chair Mich7kf lbaWlj, Vice-Chair ana V N Bert Crawford ' , ' ' / ' , 1. Proposition to delete items in the Charter due to redundancy in other Charter sections or State Law. 2. Proposition to Increase City Council from 5 to 7 Places 3. Proposition to Increase elected official terms from 2 to 3 years in length 4. Proposition to Provide for Revised Prohibitions, Forfeitures of Office and Hearing Process 5. Proposition for Revised Financial Procedures 6. Proposition to Conduct Elections Pursuant to State Law 7. Proposition to Revise Initiative, Referendum, & Recall Procedures 8. Proposition to Provide Disannexation Procedures 9. Proposition to Clarify Signature of City Documents 10. Proposition to Modify the Process of Hiring Assistant City Managers 11. Proposition to Allow the City Manager to Identify Designee to Attend Council Meetings 12. Proposition to Modify Personnel Policies 13. Proposition to Modify the Process of Hiring Deputy City Secretary 14. Proposition to Delete Planning & Zoning Commission Section of Charter 15. Proposition to Add Guidance Regarding Ordinances Passed by Petition 16. Proposition to Clarify Personal Financial Interest Policy 17. Proposition to Adjust the Size of Charter Review Commission 18. Proposition to Adjust the Term of Charter Review Commission 19. Proposition to Add a Disaster Clause for Reconstitution of the Council After an Emergency Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION I Delete portions of the following sections due to redundancy of other Charter Sections or State Law Powers. ❖ Sec 2.01 General Powers ❖ Section 2.02 Intergovernmental relations ❖ Section 3.01 Establishment ❖ Section 4.09(e) Meeting and Procedures ❖ Sec 6.07 Tax Assessor — Collector ❖ Sec 7.05 Capital Improvements Program ❖ Section 8.02 Board of Adjustment (Deletion) ❖ Article XI Public Utilities ❖ Sec 12.03 Liability for Persona Injury or death Section 2.01 General Powers. Final Report to City Council 2015 Schertz Charter Review Commission rnia an -of w and -n ay =par- °' to -' dRa ,. �} .. ... , � '[ti�d"i,XSrf , �'GG': i.T'aaG"I 7T 4F'�T'"1 �.. ,, 'a. -. x.. ., n � st ° r °i Fi1 -d +va; nor age nete- ,4here the ed r° c rr n y g n °=y_ Section 3.01 Establishment. The municipal government provided by this Charter shall consist of a Mayor and Councilmembers, elected by the people and responsible to the people, and a City Manager, appointed by and responsible to the City Council for proper administration of the affairs of the City. Pursuant to its provisions and subject only to the limitations imposed by the Constitution and general laws of the State and by this Charter, all powers of the City shall be vested in the elected Mayor and Councilmembers, who shall enact local legislation, adopt budgets and determine policies.11 pov�of tle it w1a11 esed- the -nnn r - , ,. pw,. ': <, ra c �rx � a 3 coxi z'i y Section 4.09 Meetings and Procedure. (e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances and resolutions shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be passed at the meeting of the City Council at which it is first introduced, but instead the ordinance or its caption shall be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. The City Council must take second and final consideration of any ordinance not later than sixty days after the first reading of such ordinance. Notwithstanding the foregoing provisions, if the City Council, by a vote of not less than two- thirds of the members present at the meeting at which an ordinance is first introduced, determines that an emergency exists requiring immediate action, such ordinance may then be voted upon and rejected or passed at that meeting. The `aay -' -- a gay' 1 fie- t1 -fin the pnsa all ordi -as —ate . ot hf ee , 4 --tl -- Qvy --- Gotme4l, The enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the City Council. (1) Franchise ordinances. All ordinances granting, confirming, extending, renewing or amending a franchise shall be accepted in writing by the grantees, and the full text thereof shall be placed on the City's website for at least one week prior to final adoption of the franchise ordinance. Final Report to City Council 2015 Schertz Charter Review Commission (2) Effective date. Every ordinance passed by the City Council shall be enrolled by the City Secretary as soon as practicable after its passage. If the ordinance was published, he or she shall note the time and place of publication which shall be prima facie proof of publication thereof. The affidavit by the printer or publisher shall also be prima facie proof of the publication. Enrollment of an ordinance shall be prima facie proof of its legal adoption and effect. (3) Codification of ordinances. The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the City Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without further proof and shall have the same force and effect as did the original ordinance. (Election of 5 -6 -89, 5 -3 -97, 5- 13 -06, 11- 06 -12) Section 6.07 Tax Assessor - Collector. ra1-1, , -of= tl -St= .. . ... Final Report to City Council 2015 Schertz Charter Review Commission 6 t:-+.. re -» ®er #fir »r t�-,., �"[��,.,t; rs r-. rx$ ,-�ea�w- x-+,,, ar T 4• =tix ' « +b, .,., .. - ' __ 4P44 C'ouf 4 - - j-- f.. any Lid x`5Y f �✓A . -.. p, 0. �AT 0.+Cn "✓'k,,, 4tl.J � �,v9T=4 +I 4..F l®"&7R 'A T"A+[ -4"& 1. s. ""�bx P4. ffi d5Y 0.✓ l.P " "V " " -. f . law: Section 7.05 Capital Improvements Program. Section 8.02 Board of Adjustment. of -_ & -ate SM Final Report to City Council 2015 Schertz Charter Review Commission 7 Sec-tiaii-4-14 ion-. the °- ° Zia. , = equ ff e-+eas and-4he w7 {- }-------- ='�� -- �� •' a �, car- ° �,- -= � -- " _ "�a -- - � °„.` _ - e-�# =m a m�� -�. �«:�;- .Y Final Report to City Council 2015 Schertz Charter Review Commission . - FPm w 4 z m = l- tility ivy ry fl - R � - rtes- ' , A mss. N g ;tip abw ffi a «'�` ")f `.,: '�� '� "�''nm.c RCa�`x a, 3'� f.", --r� Final Report to City Council 2015 Schertz Charter Review Commission eet` 2;4 i-a ` ° -y r- L-r- ° : t q-- r e-a th-&-ex4efA Proposition 1 Rationale: The Charter Review Commission believes this information . recommended for deletion is unnecessary in the Charter, as all of these items are covered under other sections of the City Charter or under Texas State law, specifically: Within Section 2.01, General Powers, The first sentence states" The City shall have all the powers granted to cities by the Constitution and general laws of the State together with all of the implied powers necessary to execute such granted powers." The reminder of this section simply itemizes many of the powers afforded to the City by State Law and states that the City may exercise those powers. The Commission feels that other than the existing first sentence, the remaining verbiage is superfluous and unnecessary. Final Report to City Council 2015 Schertz Charter Review Commission 10 As with Sec 2.0 1, Section 2.02 Intergovernmental Relations, is unnecessary, as it restates a power and authority that the City may exercise that is functionally addressed by the first sentence of Section 2.01. The last sentence of Section 3.01 is unnecessary, as the City must exercise its authority pursuant to State Law, the Charter and enacted ordnances and is addressed by the previous sentence is this section. The deleted passage of Section 4.09(e) is not required as the this information is covered in Section 4.05 Mayor & Mayor Pro Term and Section 4.09(c) Quorum Section 6.07, Tax Assessor - Collector is not needed, as it is an authority and power afforded to the city under state law, and thereby covered under the first sentence of Section 2.01. Section 7.05, Capital Improvement Program states that "The City Manager may prepare a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council." The Commission felt this language was ambiguous, as it did not specifically require a CIP, and if a CIP was required by the City Council, the requirement could be directed in the City Financial Planning documents, versus the City Charter. In addition the authority to create a capital improvements plan is afforded the City in state law. Section 8.02 Board of Adjustment. The Commission again felt that this section was not required as it definitively did not require the establishment of a BOA. The authority for the City to create a BOA is already afforded to the City under Texas Local Government Code Chapter 211. Article XI, Public Utilities. The Commission felt this section, in its entirety was not needed as the City's authority is sufficiently addressed in Section 2.01 of the Charter and state law. Final Report to City Council 2015 Schertz Charter Review Commission 1 PROPOSITION 2 Increase the number of City Councilman places from 5 members to 7 members ❖ Sec 4.01 Number, Selection and Term ❖ Sec 4.09(c) Meetings & Procedures Section 4.01 Number, Selection and Term. Section 4.09 Meetings and Procedure. (c) Quorum. t �-ee -Four Councilmembers (excluding the Mayor) shall constitute a quorum, and no action shall be valid unless adopted by the affirmative vote of t ° e -four or more members of the City Council. If the Mayor Pro -Tem is presiding, he or she shall be counted for purposes of determining a quorum. Proposition 2 Rationale: The Charter Review Commission believes that the City has grown sufficiently to warrant the addition of two additional City Council places. In discussing this section, the Commission looked at the council structure of 23 cities larger than Schertz, with regards to their council size and whether the Mayor routinely voted on council actions or not. It was noted that Schertz had the lowest council size (5 places, not including the mayor) than 91% (21 of 23) of the cities surveyed. Of the cities surveyed, eighteen had had 6 places, two had 7 places and one had 8 places. In further discussion, it was noted that in 73% of the surveyed cities (17 out of 23), the Mayor's position was an active participant, voting on all measures. The Commission considered several options and ultimately recommended to keep the Mayor's position as a position that votes only in the event of a tie, but increase the number of council places to seven (7) in order to provide a broader elected base and increased quorum. The change to Section 4.09(c), Quoru m would be required if the council is increased with an additional two places. Final Report to City Council 2015 Schertz Charter Review Commission Additionally, the Charter Review Commission has reviewed various options for transitioning to additional council seats if approved by the voters. The Commission's recommendations for transition options are included at the end of this report. Final Report to City Council 2025 Schertz Charter Review Commission 1 PROPOSITION 3 Increase the term length for elected officials from 2 years to 3 years in length. ❖ Sec 4.01 Number, Selection and Term •:* Sec 4.06(c) Filling Vacancies ❖ Sec 9.03 Determination of Election Results Section 4.01 Number, Selection and Term. Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Filling Vacancies. (1) In the event of a single vacancy in the City Council, if there are 365 days or more remaining on the term of the vacated City Council position, the City Council shall call a special election to fill such vacancy. If there are less than 365 days remaining in the term of the vacated City Council position, the City Council may, by majority vote of the remaining Councilmembers, at its discretion appoint a new Mayor or Councilmember to fill such vacancy or call a special election to fill such vacancy. at ncl Final Report to City Council 2015 Schertz Charter Review Commission 14 Section 9.03 Determination of Election Results. Proposition 3 Rationale: Again, the Commission looked at the term lengths of 23 cities larger than Schertz. Fifteen of twenty -three (65 %), had term lengths of 3 years versus 2 years. The Commission felt that increasing to three year terms would allow for more stability for elected officials; allowing them to focus more on their council requirements and not on campaigning in their second year. Additionally, transitioning to three -year terms would allow the city to stagger the elected offices to potentially reduce the frequency of turnover. Presently, 50% of the council places are up for election every year, transitioning to three -year terms would result in only 33% of the positions being voted on each year. The Commission noted that an increase to three year terms would raise the possibility of requiring run -off elections (change to Sec 9.03) and negate the requirement for Sec 4.06(a)(2), as the Special Election requirement would be mandated by State Law. Final Report to City Council 2015 Schertz Charter Review Commission 1 PROPOSITION 4 Provide for Revised Prohibitions, Forfeitures of Office and Hearing Process ❖ See 4.06(a) Vacancies and (b) Forfeitures ❖ See 4.07 Prohibitions ❖ See 4.11 Council Investigations; Hearings; Process ❖ See 12.02 Prohibitions ❖ See 12.10 Penalties (Addition) Section 4.06 Vacancies, Forfeiture, Filling of Vacancies. (a) Vacancies. The office of a Councilmember or the office of the Mayor shall become vacant upon his or her death, men-t-a4-(*r—ph-ymval.-di-s-aW4ity --yemgitatwit�-removaI from office in any manner authorized by law, or forfeiture of his or her office as provided for in this Charter. shafl4+e-eeftit"Ied-1hy two-physmians-*r&"Wed-to praefiee-meditmt-m4h-e-State. (b) Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon: (1) Final conviction of a felony or of an offense involving moral turpitude, a violation of any state laws regulating conflicts of interest of municipal officers, or is assessed a deferred adjudication or probation for any state laws regulating conflicts of interest of municipal officers. (2) Ceasing to be a resident of the City. feDila+ (4) A determination by City Council of the inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of election. Final Report to City Council 2025 Schertz Charter Review Commission 1.6 Section 4.07 Prohibitions. (a) Employment with the City_. No Mayor or Councilmember shall hold any othev °erfiff pksyfaent— are -he-C—"� #y- *4 ii+tef+st, ahfa,ay'- _.. l.. . y compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. (b) Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint, unless otherwise provided in this Charter, but the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (c) Interference with Administration. Except for the purpose of inquiries, unless otherwise provided in this Charter, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. (d) Admission of Liability. Neither the City Council nor any of its members or p Leo C" ,a- shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. ip� III Final Report to City Council 2015 Schertz Charter Review Commission Section 4.11 Council Investigations; Hearings Process , ocess ?, 11 � ; ! � !,, ; I ; L B. Heari i s i� �! I ; � vlbii�y—:;ii: ! C��i ce and Prohibitions. IN, 1111 11MOM 11,1111,4111- 1111,111 M 3. in - 4. A member of C it Council who initiated oEjijhLjghjEKLgfj!je inves dgation or hearing shall not sit at the dais and shall nit arti�i ate in deliberations or vote,-, 5. ocedures to be followed; 6. The Cit Council shall state the nature of be considered, shall bLprovided the results of a Ider includigg,!jut not limited to testimony from individuals; q. 84 City Council may ask guestions of any individual; I 9® No public comment shall be allowedi Final Report to City Council 2015 Schertz Charter Review Commission 18 10. In the case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this Ch d on the affirmativ vote of two-thirds Ider to be forfeited and vacant, 11111111111111LU, LESIM � 1�11` 4 I .. .... ... I ...... lumt 4isc adffliffistf at�v-e---of Fi (2c -f -ekgieti s-c-43��aieff F,-f)f affiliations', C+N-o -ap� t-4jC-44-y-offie4*4 ,,,ha e4t-e-F �-- O#Wfwise---�, f0f --afVyt)eA+t+Ca1t1ffity-EW PO4tik4p*FP(WW-"&tC-N-ff i-My Final Report to City Council 2025 Schertz Charter Review Commission 19 'Y"A4I nnY`9'9 +'1 [�1!;5,,0.ea � ✓ ���„ � -. . -. -. .. y v.y "* a -? -. ex ° Q s hisi�#tn t esfl hi cal ° i s ° -t -- i-- the._ l�rvis���ns ..- of-- p�- ���1�-- ��:1_l --t =rte -f n -r- o.1�ty Section 12 ®10 Penalty Clause. shall B. Civil Penal T on the affirmative vote of two - thirds of the City Council an person who by himself or with others violates any provision of this charter shall be, in addition to an of er enalt rovi eel for herein s bWect to a civil fine of not more than $500000. Proposition 4 Rationale: The Charter Review Commission reviewed multiple areas regarding "Prohibitions, Forfeitures of Office and Hearing Process" and developed the various elements of Proposition 4. First, the Commission recommended clarifying the language of Sec 4.06 concerning the circumstances upon which an elected official's seat may be declared vacant or forfeited by the incumbent. Second, the Commission recommended replacing the vague wording of Sec 4.07 regarding conflicts of interest with a reference to the guidelines provided under Texas Local Government Code Chapter 171 and adding a sub paragraph to address Attorney Client Privilege communications. Third, the Commission recommends the addition of a specific process for the City Council to follow concerning conducting hearings for "Forfeiture of Offices and Prohibitions ". With regards to Sec 12.02 Prohibitions, the Commission recommended deleting the section in its entirety, as virtually all of the material contained therein is covered under Texas State Law, or would be better suited in the City's Employee Policies, versus the City Charter. Final Report to City Council 2015 Schertz Charter Review Commission 0 Finally, the Commission recommended adding a new section, Section 12.10 Penalty Clause, which would spell out penalties for both criminal and /or civil penalties for violation of the city charter. Final Report to City Council 2025 Schertz Charter Review Commission 1 PROPOSITION S Provide for a Revision of Article VII, Financial Procedures ARTICLE VII FINANCIAL PROCEDURES Section 7.01 Fiscal Year The fiscal year of the City shall begin on the first day of October and end on the last day of the following September. Section 7.02 Submission of Budget. The City Manager shall submit to the City Council a budget for the ensuing fiscal year and an accompanying message not later than AA4y-fifty days prior to the beginning of each fiscal year. "gin -7 ®b-3-Bu t- - . an agerl s tm& -"i. 4 ° 3 i g T.t t- year,wn 4 e ....i he 1-.0 get, e s wa4t ray n t t t. Final Report to City Council 2015 Schertz Charter Review Commission OWS*MM"Y i Mail sti s of c, slo °n. s y n- " etivitjs -sj r _. i xn Ga r � ° �t�t3��'t. ' ? ... �,dntt °° '. ,. n. ° �' ��.� �sam���� -g��, � Fate a.r fa a-te t g, , ma-turi , a Stu-, tt "° m,.. , i- t -""-s an amouu uttt " f; Bette ut -r--e tiir , can t inci `.l -an e , t on- jai - 1.°,:° iu.. +( s—. n-.,p ..a pi °(m i -t ,; wettt e- rat- .n n itttr $ ° t -sl a t --ran- r - -• , girl _ ,Ty lnu l a ° ° , - wiit_. it--t #lte ufdto n — -" Vie. on--t w r t n- t n t , mss_ m p -&° ,o -nting - u..ottt t" ttn 4 tted tossi o Section 7.05 Capital Improvements Program. The City Manager may prepare and submit to the City Council a five year capital improvements program on his or her own initiative and shall do so when so directed by the City Council. Section 7.06 City Council Action on Budget. {a- t f�iappl tat - '-_ °: -d .k,-ti i r - ,, Final Report to City Council 2015 Schertz Charter Review Commission The City Council should adopt the budget, with or without amendments, after public hearings and before the first day of the ensuing fiscal year. Should the City Council take no final action, amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Final adoption shall constitute appropriation of the expenditures proposed from funds so indicated. _." tion& e- opt` ir: . _ : it nt 1- o i f, u- •° _t w° ,&r, --1t -- iu -gM_ e ,a- t u get -�... -tt=- °" - k �t n "• 1ntr -thy -= er- - -T-� Final Report to City Council 2015 Schertz Charter Review Commission Seetion ' -,... b n y he k w n -- - -ir° S Final Report to City Council 2015 Schertz Charter Review Commission o F ndi�t n-ef ,, tya m "• r. . F . ,,,y -- ' ,:�� -t , , � . suti of ���, ���t�. „ ft�- 'n . - -- ail.._ n s -ar n- - =,its ° 1 t �-r ° er a "` �.� - �ra�,.. ns-" ,��, .�� , � • ` rrr° �° r-an Section 7.11 Audit. The City Council shall cause an annual audit to be made of the books and accounts of each department of the City and shall have an annual financial statement prepared based on the audit. A complete audit shall be made at the end of each fiscal year, and at such other times as may be necessary, by an independent Certified Public Accountant who shall be selected by the City Council. The annual financial statement, including the auditor's opinion, shall be filed with the City Secretary and shall be available for public inspection. The auditor selected shall not maintain or keep any of the City accounts or records. Final Report to City Council 2015 Schertz Charter Review Commission 26 Proposition 5 Rationale: The Charter Review Commission recommends deletion of most sections of Article VII, Financial Procedures as the information is either directed by State Law or better suited to be addressed in the City's Financial Plan versus in the City Charter. The Commission also recommends decreasing the budget submission timeline to 50 days prior to the fiscal year instead of 60 days, in order to provide the Finance Department additional time to prepare and finalize all documentation. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 6 Conduct Elections Pursuant to State Law ❖ Sec 4.02 Qualifications ❖ Sec 9.01 City Elections ❖ Sec 9.02 Candidates Section 4.02 Qualifications. Section 9.01 City Elections. s m u ene ° 44aw-s-o-_ w— t^ : ; � ° -y -- m`"`1re. >- �+a.n. 7 -�.a11 �ro� is °��� ?p`�,at «a -w �t8�ed�� -si ��. sxz•4.s�w1 % <.�a�e t� in r T�"��s ^t6ro�n -- 1�- i --�t- Final Report to City Council 2015 Schertz Charter Review Commission 2 (a) The re,2ular City election shall be held annually on the uniform election date in November, or at such other times as may be authorized or specifled by State Law. at which time officers will be elected to fill those offices which become vacant that year. (c) The City Council may, by ordinance or resolution, order a special election, fix the date and place for holding same, and provide all means for holdin2 such special election. Section 9.02 Candidates. 1. Any such application shall be in writing, signed by such candidate, and filed with the City Secretary in accordance with the Texas Elections Code and this Charter. 2. An application filed in accordance herewith shall entitle such applicant awe on the official ballot. (b) A candidate of the City Council shall specify the place number or position the candidate is seeking. (c) A filing fee of five dollars, or such other amount as may hereafter be set by the City Council, must be paid to the City Secretary by each candidate upon presentation of his or her application. The filing fee shall be waived if the candidate states in writing that payment thereof will constitute a financial hardship. Proposition 6 Rationale: The Commission believes that the Qualification section requires revision in several areas. First, the Commission felt that a clarification was required with regards to the timing of the age cut-off, favoring a change that would establish the first day of the elected term as the age to be eighteen, versus an earlier cut-off at the filing deadline. Final Report to City Council 2025 Schertz Charter Review Commission 29 Second, the Commission felt that that voter status warranted clarification, specifically clarifying that the candidate must be a registered voter "of the City of ` Schertz" and residency for elected office be increased from 6 months to 12 months preceding the filing deadline. Additionally, the Commission developed clarifying language for Section 9.01, replacing unneeded language that is addressed under State Law and providing guidance for fixing the place of elections and guidance on special elections. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 7 Change to Initiative, Referendum and Recall Signature Procedures ❖ Sec 10.03 Initiative and Referendum Petition Signatures ❖ Sec 10.03 Recall Petition Signatures 4. Section 10.03 Petitions. (b) Form and content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. For a petition signature to be valid, the petition must: (1) Contain in addition to the signature: (A) The signor's printed name; and (B) The signor's (i) Date of birth; or (ii) Voter registration number and the County of voter registration; and (C) The signor's residence address (including street address and County of voter registration); and (2) Comply with any other applicable requirements prescribed by State law. Petitions shall contain or have attached thereto throughout their circulation the full text of the proposed ordinance or other subject matter of the petition. A recall petition must distinctly and specifically state the reason or reasons upon which the petition is predicated. (c) Affidavit of circulator. Each page of a petition shall have attached to it when filed the following notarized affidavit, with all blanks properly completed: Final Report to City Council 2015 Schertz Charter Review Commission 1 "STATE OF TEXAS § CITY OF SCHERTZ § I, , being first duly sworn, on oath confirm that (1) I am one of the signers of the above petition, (ii) I personally circulated the foregoing page of said petition, (iii) there are signatures on such page, (iv) each of the signatures appearing on such page was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and (vi) each signer had an opportunity to read the full text of the ordinance or other subject matter of the petition. Sworn and subscribed to before me, this the day of , 20 Signed and Sealed by a Notary Public in and for State of Texas" (d) Filing recall petition. Recall petitions shall be initiated and filed with the City Secretary within sixty days after the petitioners' committee files its affidavit. (e) Filing referendum petitions. Referendum petitions must be filed within sixty days after adoption by the City Council of the ordinance sought to be reconsidered. Proposition 7 Rationale: The Commission discussed the process for citizen petition process for initiatives, referendums and recalls and expressed concerns in the inconsistency of the current process. Specifically, the current charter requires petitions signed by qualified voters equal to at least 50% of the voters who voted in the last Mayoral election. The Commission's concerns centered on the inconsistency of voter turnout from one election to the next and the impact it has on the petition process since voter turnout is typically higher during a Presidential election, as compared to a non - Presidential election year. For example, the 2014 general election (non - Presidential election), approximately 7100 voted in the Mayoral election, which subsequently would have required approximately 3550 signatures on a petition for an initiative, referendum or recall. In the prior Mayoral election, (2012 Presidential), approximately 11,100 votes in the Mayoral election were counted, which subsequently would have required approximately 5550 signatures on a petition for an initiative, referendum or recall, a difference in the petition process of approximately 2,000 signatures. Final Report to City Council 2015 Schertz Charter Review Commission The Commission felt that changing the requirement to one based a percentage of total registered voters, regardless of actual voter turnout would provide a more consistent approach to the petition process. The Commission recommended that requiring 15% of registered voters to sign a petition for an initiative or referendum and 20% for a recall of elected officials is a more reasonable approach, with a higher threshold required for a recall due to the serious nature of that particular action. Applying these criteria based on the number of registered voters during the 2012 and 2014 elections, and the current (2015) registrations would have resulted in the following thresholds required for petition signatures. (NOTE: These numbers are from Guadalupe County only and are for illustrative purposes. Actual thresholds would be based on the registered Schertz voters from Guadalupe, Bexar and Comal Counties.) Election Year Registered Voters (Guadalupe County Only) 15% Requirement for Initiative & Referendum 20% Requirement for Recall 2012 (Mayor) 20,139 (as of 1 Dec 12) 3020 4027 2014 (Mayor) 20,743 (as of 1 Nov 14) 3111 4148 2015 20,209 (as of 13 May 15) 3031 4041 As reflected in the above table, the process would remain more consistent and alleviate significant "swings" in the number of signatures required for implementing the petition process. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 8 Provide for Disannexation Procedures ❖ Sec 1.02(c) Providing for Disannexation Procedures Sec. 1.02. - Boundaries; Extension, Annexation and Disannexation. (a) Boundaries. The bounds and limits of the City are hereby established and described as those which exist under authority of the current City ordinances and displayed on a map maintained by the City Secretary and those boundaries established and changed hereafter as provided; such map to be maintained hereafter by the City Manager and maintained in a public place. (b) Extension of Boundaries; Annexation of Territory. The City Council shall have the power by ordinance to annex territory lying adjacent to the City, with or without the consent of the owners or inhabitants thereof, thereby extending and enlarging the bounds and limits of the City. Such annexations shall be limited and controlled by the applicable annexation laws of the State. (c) Disannexation. Any area hereafter annexed under this Charter and the law of this State may be disannexed as follows® onl. '_ ;aeeo (i) Prior to disannexing any property oft the City a public heari n ry shall held before troth the Cit 's tannin and onin co fission and Cit Council on the roosed disannexation. Final Report to City Council 2015 Schertz Charter Review Commission 4 (iv) Not later than 30 days after the completion of the public hearing conducted ordinance disannexing the shall be attached to the ordinance as an exhibit. Proposition 0 Rationale: Texas Local Government Code Section 43.142 provides that uhome-rule municipality may disannex an area according to rules ua may ho provided b« the charter ofthe municipality. Upon review of City Charter the Commission discovered that the current charter does not provide rules for disannexation developed the proposed these specific procedures and timelines for the process. FinmReporttoCity Council 2015 Srhertz Charter Review Commission PROPOSITION 9 Provide for Clarification on Signing Official City Documents ❖ Sec 4.05 Clarifying when Mayor signs documents Section 4.05 Mayor and Mayor Pro -Tem. The Mayor shall be the official head of the City government. He or she shall be the chairman and shall preside at all meetings of the City Council. The Mayor may vote only in the event of a tie. He or she shall, w rr_ rri v unless another signatory is otherwise designated by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. He or she shall appoint special committees as instructed by City Council, with committee membership to be composed of nominees by the City Council. He or she shall perform such other duties consistent with this Charter or as may be imposed upon him or her by City Council. The Mayor shall not have veto powers. The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a term and pursuant to procedures established by the City Council from time to time. The Mayor Pro - Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro -Tem may vote on any matter before the City Council. Proposition 9 Rationale: The Commission reviewed Section 4.05 and noted the vagueness of the requirement for signing official documents (ordinances, resolutions, etc...). This section stated the Mayor would sign "when authorized" by the City Council, but did not address situations if the Mayor "was not authorized", nor does it address if the Mayor or another officer of the City is better suited to sign various documents. The Commission believes that a more appropriate wording would be to designate the Mayor in the Charter as the official signatory, unless otherwise designated by the City Council. The revised wording would also afford the City Council to officially designate others, such as the City Manager or others to sign applicable documents as appropriate. This revision would also support the current wording of Section 5.03(k) under the City Manager's Powers & Duties " He or she shall have the authority to sign . documents in the name of the City as authorized by the City Council." Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 10 Clarification for Hiring of Assistant City Managers ❖ Sec 5.01 Appointment; Qualifications; Compensation. Section 5.01 Appointment; Qualifications; Compensation. Proposition 10 Rationale: The Commission discussed Section 5.01 with regards to the last sentence, on the process of the City Council appointing one or more Assistant City Managers and setting compensation for such appointees. The Commission believes that the process for "hiring" Assistant City Managers would be better suited as part of the normal hiring process afforded to the City Manager in Section 5.03(a), as any Assistant City Manager would operationally report to the report to the City Manager on a day -to -day basis. The normal hiring process might prove more effective versus an "appointment process" via the City Council. The Commission noted that the City Council would retain "effective" control over Assistant City Manager positions and their salaries, as any such position would require approval (position and grade) as part of the city budget process. Final Report to City Council 2015 Schertz Charter Review Commission 7 PROPOSITION 11 Clarify Requirement for City Manager Attendance at Council Meetings ❖ Section 5.03 Powers and Duties of City Manager Section 5.03 Powers and Duties of City Manager. The City Manager shall be the chief administrative officer of the City. He or she shall be responsible to the City Council for the administration of all City affairs placed in his or her charge by or under this Charter. He or she shall have the following powers and duties: (a) He or she shall appoint and, when he or she deems it necessary for the good of the City, suspend or remove City employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter. He or she may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (b) He or she shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (c) � , � The City Manager or their designee shall attend all City Council meetings and shall have the right to take part in discussion but may not vote. (d) He or she shall see that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (e) He or she shall prepare and submit the annual budget and capital program to the City Council. (f) He or she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (g) He or she shall make such other reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (h) He or she shall keep the City Council fully advised as to the financial condition and future needs of the City and make such recommendations to the City Council concerning the affairs of the City. Final Report to City Council 2015 Schertz Charter Review Commission (1) He or she shall perform such other duties as are specified in this Charter or may be required by the City Council. (j) He or she shall keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items. (k) He or she shall have the authority to sign documents in the name of the City as authorized by the City Council. Proposition 11 Rationale: The Commission discussed Section 5.03 and recommended a modification of the language in subparagraph (c) that required the City Manager to attend all City Council meetings. The consensus of the Commission was that this was an unrealistic expectation for the City Manager attendance at all meetings and recommended a revision to change the requirement to require attendance at all council meetings by "The City Manager or their designee ". Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 12 Clarify Process for Personnel Policies ❖ Sec 6.02 Operational and Personnel Policies Section 6.02 Operational and Personnel Policies. Proposition 12 Rationale: The Commission discussed Section 6.02 regarding Personnel Rules and expressed concerns that the current Charter section was an ineffective business process. The existing process requires the City Manager to prepare such rules and present them to the City Council, who then has the ability to adopt them, modify and adopt them or reject them back to the City Manager for additional revisions and subsequent review. In many cases, employee policies are set by Federal or State law and not subject to discussion. The Commission felt that the City Manager, as the Administrative Manager of the City should be charged with developing operational and personnel policies and should be able to adjust said policies as needed for the effective day -to -day operation of the city. The Commission believes that the City Council should be provided a copy of the City's operational and personnel policies and kept current of any proposed changes and should retain oversight on any policy or policies that would affect the City budget, employee discipline, or adverse action involving a city employee. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 13 Clarification for Hiring of Deputy City Secretaries Section 6.06 City Secretary Section 6.06 City Secretary (a) The City Council shall appoint a City Secretary and his /her deputy dePH- ;°s who shall act as Secretary of the City Council and who shall hold office at the pleasure of the City Council. The City Secretary shall be the clerical officer of the City Council, and shall keep the minutes, agenda, ordinances and other official records of the City Council and the City. The City Secretary shall be the custodian of the official seal of the City, and shall have such other duties and powers prescribed in this Charter and by the City Council. The City Council will set the compensation for the City Secretary. The City Secretary shall report administratively to the City Manager but may be removed from office only by the City Council. (b) Upon approval by City Council of the position(s), the City Secretary may ire a deputy or deputies® The Deputy or Deputies shall report directly to the City Secretary. Proposition 13 Rationale: The Commission discussed Section 6.06 with regards to the process of the City Council appointing the City Secretary and his /her deputy or deputies. As with the Assistant City Manager position(s) the Commission believes that the process for "hiring" a Deputy or Deputies in the City Secretaries office would be better suited as part of the normal hiring process, as any Deputies would operationally report to the City Secretary on a day -to -day basis. The Commission noted that the City Council would retain "effective" control over any such positions and their grades as part of the city budget process. The Commission also felt that the current process for appointment of the City Secretary by the City Council is adequate and did not warrant a change. Final Report to City Council 2015 Schertz Charter Review Commission 1 PROPOSITION 14 Delete Charter Section regarding the Planning & Zoning Commission ❖ Section 8.01 Planning and Zoning Commission. Section 8.01 Planning and Zoning Commission. re ° i --for , yisi _ lr ink g rns ° w n ° - lac tt lr , tuft-,el th S c l e-C-° a 4efnbeg -. � iAer - °s, .reW a : , o 'rr -c'al_ , - . -. . vin e- Proposition 14 Rationale; The Commission discussed Section 8.01 regarding the Planning and Zoning Commission and believes that this section is redundant of State Law as covered in Chapter 211 of the Local Government Code and thereby not necessary in the Charter. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 15 Add Charter guidance regarding actions that can be taken by the Council on Ordinances passed by Petition -*.- See 10.09 Ordinances Passed by Petition, Repeal or Amendment No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period oft ree (3) years from the date said ordinance became effective and then only upon an affirmative vote of two-thirds (2/3s) of the City Council. Proposition 15 Rationale: The Commission reviewed Article X and determined that there was nothing preventing a sitting City Council from rescinding or changing an ordinance adopted by the City Council in response to an initiative. Nor was there a process for amending or repealing an ordinance adopted by a popular vote of the residents. The Commission drafted a proposal to add Section 10.09 which would afford protection to the citizens, stating that an ordinance passed by popular vote cannot be amended or repealed for a period of three years from its effective date, and only then with a 2 /3 rd majority of the Council approving the change. In addition, this amendment would provide a mechanism for amending or repealing an ordinance adopted by popular vote based on changing circumstances. Final Report to City Council 2025 Schertz Charter Review Commission 43 PROPOSITION 16 Clarify Personal Financial Interest Prohibitions -.*- See 12.01 Personal Financial Interest Section 12.01 Personal Financial Interest No-offleer-or-ernployft--of U"ItW111,127, M RUN requirements of Texas Local Government Code, Chapter 171. It is hereby prohibited for City Council members or a City Official to violate the rules and regulations rej!ardin2 conflicts of interests as set out in the Texas Local Government Code, Chapter 171. Proposition 16 Rationale: The Commission reviewed Section 12.01 and felt the current wording was too vague to be effectively applied to the city. Specifically, our Charter does not provide adequate definition of "direct" or "indirect" financial interests. After considerable discussion, the Commission recommends that this section be revised to refer to the Texas Local Government Code, Chapter 171 which provides more definitive and measurable standards. Final Report to City Council 2025 Schertz Charter Review Commission 44 PROPOSITION 17 Provide for a larger Charter Review Commission ❖ Sec Section 12.05 Charter Review Commission. Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission which shall consist of no less than 5 and no more than 1.1 of- 11v . citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. Proposition 1.7 Rationale: The Commission reviewed Section 12.05, Charter Review Commission and expressed concerns on the size of the Commission being limited to five (5) members. (laving more input into the revisions process might be more beneficial to the city to garner additional expertise and expanded dialogue. Additionally, the current process of 5 Charter Commission members, stems from a "tradition" of each of the five current Council members appointing a member to the Charter Commission. This tradition would be challenged, if the voters approve an increase to the size of the City Council. The Commission members discussed the size of the Commission and recommended a proposal that would give flexibility to the City Council by changing this section to reflect appointing a minimum of five (5) and no more than eleven (11) members to a Charter Review Commission if approved by the voters. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 18 Clarify the term of the Charter Review Commission ❖ Sec 12.05 Charter Review Commission. Section 12.05 Charter Review Commission. The City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04. The term of office of the Charter Review Commission shall be 180 days after the date oft the first meeting said first meeting to occur within forty-five ( 5) days of the elate of appointment. APP V 1 during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Charter Review Commission shall be dismissed. Proposition 18 Rationale: The Commission also expressed concern in Section 12.05, Charter Review Commission over the timing of the Commission process. The Charter Commission is provided 180 days to conduct their business and report back to the City Council. Historically, it appears that the City Council decides to seat a Charter Commission after new members take office, however; city elections were recently moved from May to November, which means initial appointments are not made until late in the year and are ultimately affected by the holiday seasons. Final Report to City Council 2015 Schertz Charter Review Commission This concern was clearly evident this year. The current Commission process was started by the City Council with initial appointments on 18 Nov 2014. Allowing for 180 days, this gave the Commission a deadline of 17 May 2015. Compounding our timeline, was the need to get a replacement Commission member (not accomplished until 16 Dec 14), the impact of several holidays in November, December and January, and the Commission's decision to conduct a thorough review of the entire Charter. As a result, our timeline for meetings and the potential for additional public input was severely constrained. The Commission recommends that the timeline of future Charter Commissions be kept on a 180 day maximum timeline, however, the start date needs to be adjusted to account for the appointment process and holiday schedule. Specifically, the recommendation is to amend the Charter to allow the Commission 180 days from the start of their first meeting versus the first appointment. To ensure that future Charter Commissions remain on track, the proposal also recommends that the first meeting must be scheduled within 45 days of the Council's appointments. Final Report to City Council 2015 Schertz Charter Review Commission PROPOSITION 19 Provide Guidance for Reconstitution of the City Council in the Event of an Emergency ❖ Sec Section 12.09 Disaster Clause. Section. 12 ®9 Disaster Clause® Proposition 19 Rationale: The Commission's final recommendation was based on the lack of any guidance of how to proceed with City Government in the event of a common disaster affecting the legal quorum of the City Council and a process to reconstitute the City Council. Section 12.09 proposed an addition to the Charter that would identify a process if approved by the voters to reconstitute the City Council in this type of event. Final Report to City Council 2015 Schertz Charter Review Commission 8 Charter Review Commission Recommended Council Transition Plans As mentioned earlier, the Charter Review Commission, is putting forth two (2) propositions that can potentially affect the size of the City Council, as well as the term length of elect officials. Since these propositions must be voted on separately by the voters, there are four (4) potential outcomes from the November election, and the City must have a plan in place to implement whichever options are chosen by the voters. The four possible outcomes are as follows; a. Voters do not approve either proposition - No Change, so the council will remain at 5 places, each serving a two year term. Action Required: None b. Voters approve an increase to the size of the council, but DO NOT approve longer term lengths. Action Required: The city must have a plan to add two additional council places to the election process, while maintaining 2 -year term lengths. c. Voters approve an increase to the term length of elected officials, but DO NOT approve adding two additional places. Action Required: The city must have a plan to adjust the term lengths of members elected in the future while maintaining the size of the council as it is now. d. Voters approve both propositions; increasing the size of the council and increasing the term length to three years. Action Required: The city must have a plan to add two additional council places to the election process, while increasing the terms to three years. The Charter Commission discussed all four scenarios at length. In each discussion, the preference of the Commission was to recommend a plan for each scenario that provided for the following; (a) Provide for an orderly transition (b) Be able to implement is as timely of a manner as practical (c) Be as fair as possible to current elected officials (d) Prefer not to have "off years" with no office up for election. Final Report to City Council 2015 Schertz Charter Review Commission 4 As a result of our discussion, the Commission developed the following transition plans and recommend their use, depending on the outcomes of the November 2015 election. Two Year Term Transition with 7 Council Members This plan should be utilized in the event the voters increase the size of the council but DO NOT increase the term length to three years. Implementation of this plan will begin in 2016. This is the normal election cycle for the Mayor and Places I and 2. These positions would remain on the 2016 ballot and face election for a two year term. A new City Council seat, Place 6, would be added to the ballot for a two - year term. Terms for existing places and the new Place 6 would end in 2018. In 2017, Council place 3, 4, and 5 would be on the ballot as usual. The City would add a new Council Place 7 to the ballot for a two -year term. Terms for existing places and the new Place 7 would end in 2019. Three Year Staggered Term Transition with 5 Council Members This plan should be utilized in the event the voters DO NOT increase the size of the council but DO increase the term length to three years. Implementation of this plan will begin in 2016. This is the normal election cycle for the Mayor and Places I and 2. In this plan, the Mayor would change to a three (3) year term in 2016 and be up for election again in 2019. Places 1 & 2 would remain at two (2) year terms in 2016 and face election again in 2018. In 2017, Place 3 would remain at a two (2) year term and face election again in 2019. Places 4 & 5 would change to three (3) year terms and face election again in 2020. In 2018, Places 1 & 2 would be on the ballot for three (3) year terms. In 2019, . The Mayor and Place 3 would appear on the ballot for three (3) year terms. In 2020, Places 4 & 5 would appear on the ballot for three (3) year terms. Three Year Staggered Term Transition with 7 Council Members This plan should be utilized in the event the voters approve BOTH propositions, increasing the size of the council AND extending term lengths. Implementation of this plan will begin in 2016. This is the normal election cycle for the Mayor and Places 1 and 2. In this plan, the Mayor would change to a three (3) year term in 2016 . and be up for election again in 2019. . Places 1 & 2 would remain at two (2) year terms in 2016 and face election again in 2018. Final Report to City Council 2015 Schertz Charter Review Commission 5 In 2017, Place 3 would remain at a two (2) year term and face election again in 2019. Places 4 & 5 would change to three (3) year terms and face election again in 2020. In 2018, Places I & 2 would be on the ballot for three (3) year terms. In 2019, The Mayor and Place 3 would appear on the ballot for three (3) year terms. In 2020, Places 4 & 5 would appear on the ballot for three (3) year terms. Final Report to City Council 2025 Schertz Charter Review Commission 1 Two Year Term Transition with 7 Council Members 2016 Mayor shall be elected to a two year term to expire 2018 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 Place 6 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a two year term to expire 2019 Place 4 shall be elected to a two year term to expire 2019 Place 5 shall be elected to a two year term to expire 2019 Place 7 shall be elected to a two year term to expire 2019 2018 Mayor shall be elected to a two year term to expire 2020 Place 1 shall be elected to a two year term to expire 2020 Place 2 shall be elected to a two year term to expire 2020 Place 6 shall be elected to a two year term to expire 2020 2019 Place 3 shall be elected to a two year term to expire 2021 Place 4 shall be elected to a two year term to expire 2021 Place 5 shall be elected to a two year term to expire 2021 Place 7 shall be elected to a two year term to expire 2021 2020 Mayor shall be elected to a two year term to expire 2022 Place 1 shall be elected to a two year term to expire 2022 Place 2 shall be elected to a two year term to expire 2022 Place 6 shall be elected to a two year term to expire 2022 2021 Place 3 shall be elected to a two year term to expire 2023 Place 4 shall be elected to a two year term to expire 2023 Place 5 shall be elected to a two year term to expire 2023 Place 7 shall be elected to a two year term to expire 2023 Final Report to City Council 2015 Schertz Charter Review Commission 5 2016 2017 Two Year Term Transition with 7 Council Members 2018 2019 2020 2021 Mayor Mayor Mayor Place 1 Place 1 Place 1 Place 2 Place 2 Place 2 Place 6 Place 6 Place 6 Place 3 Place 3 Place 3 Place 4 Place 4 Place 4 Place 5 Place 5 Place 5 Place 7 Place 7 Place 7 Final Report to City Council 2015 Schertz Charter Review Commission 53 Three Year Statmered Term Transition with 5 Council Members 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a two year term to expire 2018 Place 2 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a two year term to expire 2019 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 1 shall be elected to a three year term to expire 2021 Place 2 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 3 shall be elected to a three year term to expire 2022 2020 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 1 shall be elected to a three year term to expire 2024 Place 2 shall be elected to a three year term to expire 2024 Final Report to City Council 2015 Schertz Charter Review Commission 54 2016 2017 Three Year Staggered Term Transition with 5 Council Members 2018 2019 2020 tau Mayor Mayor Place 1 Place 1 Place 2 Place 2 Place 1 Place 3 Place 3 Place 2 Place 4 Place 4 Place 5 Place 5 Final Report to City Council 2015 Schertz Charter Review Commission 55 Three Year Term Transition with 7 Council Members 2016 Mayor shall be elected to a three year term to expire 2019 Place 1 shall be elected to a three year term to expire 2019 Place 2 shall be elected to a three year term to expire 2019 Place 6 shall be elected to a two year term to expire 2018 Place 7 shall be elected to a two year term to expire 2018 2017 Place 3 shall be elected to a three year term to expire 2020 Place 4 shall be elected to a three year term to expire 2020 Place 5 shall be elected to a three year term to expire 2020 2018 Place 6 shall be elected to a three year term to expire 2021 Place 7 shall be elected to a three year term to expire 2021 2019 Mayor shall be elected to a three year term to expire 2022 Place 1 shall be elected to a three year term to expire 2022 Place 2 shall be elected to a three year term to expire 2022 2020 Place 3 shall be elected to a three year term to expire 2023 Place 4 shall be elected to a three year term to expire 2023 Place 5 shall be elected to a three year term to expire 2023 2021 Place 6 shall be elected to a three year term to expire 2024 Place 7 shall be elected to a three year term to expire 2024 Final Report to City Council 2015 Schertz Charter Review Commission 56 2016 2017 Three Year Term Transition with 7 Council Members 2018 2019 2020 2021 Mayor Mayor Place 1 Place 1 Place 2 Place 2 Place 3 Place 3 Place 4 Place 4 Place 5 Place S Place 6 Place 6 Place 6 Place 7 Place 7 Place 7 Final Report to City Council 2015 Schertz Charter Review Commission 57