HomeMy WebLinkAboutAtt A - MinutesAgenda Item No. 1
Attachment A May 4, 2010
CHARTER UPDATE COMMISSION
MINUTES
Newport Beach Central Library — 1000 Avocado Avenue
Tuesday, April 20, 2010
2:00 p.m.
I. ROLL CALL
Present: Commissioners Rush Hill, Richard Luehrs, Dennis O'Neil, Karen Rhyne, Larry
Tucker, Paul Watkins, Chairwoman Marian Bergeson, and Mayor Pro Tem Henn
Absent: None
II. APPROVAL OF MARCH 16. 2010 MEETING MINUTES
1. Without objection, Commissioner Watkins requested that the motion for Item 5
(Newport Beach Municipal Code Section 3.24.010) be amended to read, "...evaluate
Chamber of Commerce funding requests according to Council Policy and the Code
Language in existence for all community organizations at the time the request is made."
Motion by Commissioner Luehrs, seconded by Commissioner Hill, to waive
reading of subject minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Hill, Luehrs, O'Neil, Rhyne, Watkins, and Chairwoman Bergeson
Abstain: Tucker
III. CHARTER SECTION DISCUSSIONS
2. CHARTER SECTIONS 710-711 — CIVIL SERVICE BOARD; CHARTER
SECTIONS 800-803 — CIVIL SERVICE SYSTEM; AND ORDINANCE NO. 866.
City Manager Kiff reviewed the Civil Service System matrix included with the staff
report. He indicated that staff is recommending that the key elements from Ordinance
No. 866 be placed in the Charter, that the Civil Service Board no longer be involved in
the recruitment and selection process when the Civil Service Board could be hearing
appeals about the position, and that Police Department and Fire Department Chief
Assistant positions not be included in the Civil Service System. Human Resources
Director Cassidy reported that the concepts in the staff report were presented to the
Civil Service Board and they were generally supportive of the recommendations. She
stated that the Civil Service Board is recommending that the recruitments for the
Assistant Chief positions be an open recruitment. She noted that the summary
document (matrix) replaces the staff report from the March 16 Commission meeting.
Mickey Dunlap, Civil Service Board Member, stated that he is satisfied with staffs
recommendations and that previous concerns he had regarding repealing Ordinance
No. 866 have been adequately addressed in the matrix and through staff explanations.
He believed that an amended ordinance would assist with the mechanics of the Civil
Service System. He questioned whether lifeguards in the Fire Department and non -
safety employees in the Fire and Police Departments were included in the Civil Service
System. He agreed that the hiring process for the Police Chief should be handled by the
City Manager and staff, however, believed that the Civil Service Board should still
review the list of candidates, but this does not need to be in the new ordinance.
Charter Update Commission
Meeting Minutes
April 20, 2010
Human Resources Director Cassidy reiterated that the recommendation is to strengthen
the Charter language, sunset Ordinance No. 866 but replace it in the future with an
ordinance approved by the Civil Service Board and Council, and incorporate the changes
in the Civil Service Rules. City Manager Kiff indicated that the replacement ordinance
will be contingent upon the voters repeal of Ordinance No. 866.
Robert Hawkins, citizen, expressed concern about the provision in the draft that states
that Civil Service Board rules and regulations must be approved by the City Attorney
(Charter Section 711.a) since that could take away from the Civil Service Board's
independence. He noted that the Planning Commission does not need City Council
approval to change its rules or regulations, and questioned why the Civil Service Board
needs to bring their changes to Council if the change does not affect City employees. He
also believed that the Civil Service Board should be involved in the front end of the
hiring process. Commissioner Tucker clarified that the Civil Service Board does not
need to bring procedural changes to Council.
Commissioner Tucker agreed that the Civil Service Board decides what to bring to
Council regardless if the City Attorney agrees with them. He requested that Section
711.a be amended to read, "The rules and regulations as are adopted from time to time
by the City Council shall have the force and effect of law." He noted that Council does
not always have to agree with the Civil Service Board's recommendation. He asked that
Section 711.c.1 be amended to read, "...the action is lawful or the action is superseded..."
For Section 801.2, he noted that the City has two Assistant City Managers. He thanked
staff for preparing the matrix because it answered his previous question regarding the
protections the Civil Service Board was concerned with. Acting City Attorney Mulvihill
noted that Section 801.2 would apply to anyone with the "Assistant City Manager" job
title. City Manager Kiff added that an Assistant City Manager is also a Department
Head.
Pursuant to existing Charter duties, Acting City Attorney Mulvihill reported that the
Office of the City Attorney reviews City documents to ensure that they are in legal form
and substance. She indicated that the office will continue to perform this role regardless
if the statement was removed from Section 711.a. Commissioner Watkins suggested
substituting "review" for "approval."
Without objection, it was the consensus of the Commission to remove "after approval by
the City Attorney" from Section 711.a; amend Section 711.a to read, "...the rules and
regulations as are adopted from time to time by the City Council shall have the force and
effect of law;" amend Section 711.c.1 to read, "...the action is lawful or the action is
superseded by local, state or federal law;" and renumber Sections 800-803.
Chairwoman Bergeson noted that no one wished to speak on the issue of Assistant
Chiefs in the Police or Fire Departments (Section 801). She emphasized that the
Charter amendments need to provide sufficient latitude in order to not bind the City
and also to avoid needing to bring this to a vote every time a new rule, regulation or law
goes into effect.
Motion by Commissioner Tucker, seconded by Commissioner O'Neil to
a) recommend to the City Council that Charter Sections 711 and 800-803 be amended to
clarify and strengthen the scope of the Civil Service Board and System, including the
removal of "after approval by the City Attorney" from Section 711.a; amendment of
Section 711.a to read, "...the rules and regulations as are adopted from time to time by
the City Council shall have the force and effect of law," amendment of Section 711.c.1 to
2
Charter Update Commission
Meeting Minutes
April 20, 2010
read, "...the action is lawful or the action is superseded by local, state or federal law,"
and the renumbering of Sections 800-803; and b) repeal Ordinance No. 866 and replace
with a new Ordinance to comply with current local, state and federal law and the best
practices in personnel which would not require a vote of the electorate (Alternative 1).
In response to Commissioner Luehrs' questions, City Manager Kiff indicated that newly -
numbered Section 801 encompasses lifeguards in the Fire Department and non -safety
employees in both the Fire and Police Departments. Assistant City Attorney Mulvihill
noted that the Civil Service System applies to these employees since they are employed
by the Fire and Police Departments.
The motion carried by the following roll call vote:
Ayes: Hill, Luehrs, O'Neil, Rhyne, Tucker, Watkins, and Chairwoman Bergeson
Absent: None
3. DRAFT CHARTER UPDATE COMMISSION REPORT TO THE CITY COUNCIL.
In response to Commission Tucker's question regarding Charter Section 1110 (Public
Works Contracts), Interim Assistant City Manager Perkins recommended, without
objection that, rather than having Council choose either the Consumer Price Index (CPI)
or Engineering News Record (ENR) for inclusion in the Charter, the language be written
so it allows Council the flexibility to select an appropriate index as needed through the
adoption of a Council resolution. Acting City Attorney Mulvihill agreed that language
can be drafted to indicate that the amount shall be adjusted as provided for by City
Council resolution.
Commissioner O'Neil stated that he will provide Interim Assistant City Manager
Perkins with his non -substantive edits to the draft report.
Regarding Newport Beach Municipal Code Section 3.24.010 (Funding Requests from
Chambers of Commerce), Commissioner Tucker expressed concern that the Newport
Beach Chamber of Commerce has a political action committee that endorses candidates
and questioned the appropriateness of requesting funding from the City when this
occurs. He noted that he feels the same about labor organizations endorsing candidates.
He suggested that the language remain in the Municipal Code, but the amount be
updated based on what other organizations receive for community activities and
suggested including a cost of living component.
Commissioner Watkins noted that he is the Chair of the Newport Beach Chamber of
Commerce, but does not know who serves on the Business and Community Political
Action Committee (BAC PAC) of the Newport Beach Chamber of Commerce. He
emphasized that BAC PAC is a separate entity from the Chamber and indicated that he
would not be in favor of setting a limit when other organizations do not have one. He
suggested treating all organizations the same and added that funding requests must go
before the Special Events Advisory Committee (SEAC). Mayor Pro Tem Henn reported
that SEAC is an advisory committee and will only be involved when an organization or
event requests over $20,000 in funding or in-kind services. Further, that the committee
does not make final funding determinations, but makes recommendations to Council.
3
Charter Update Commission
Meeting Minutes
April 20, 2010
Commissioner Luehrs stated that there is a firewall between the BAC PAC Board of
Trustees and the Chamber of Commerce Board of Directors. Further, SEAC will
analyze special events requests. He discussed the Chamber's history and its role in the
City. He took issue that the Chamber of Commerce has been singled -out.
In response to Commission questions, Commissioner Luehrs indicated that the 11 BAC
PAC Trustees are selected by the current Trustees, reported that it abides by Fair
Political Practices Commission (FPPC) rules and regulations, and stated that he is
unsure how BAC PAC Trustees can be removed.
Chairwoman Bergeson believed that this should be equitable and noted that the FPPC
has specific rules regarding 501(c)(3) organizations. She indicated that Council should
have flexibility in how funding should be allocated to an organization or event.
Commissioner O'Neil explained that Commissioner Tucker is not debating the
Chamber's role in the community. The concern is that the Newport Beach Chamber of
Commerce has a political action committee that is indirectly identified with it.
Additionally, the political action committee supports or opposes ballot measures and
Council candidates. He disclosed that he is also a Trustee on BAC PAC, but indicated
that there is separation between BAC PAC's and the Chamber's activities. He stated
that he will be supporting the recommendation to repeal NBMC Section 3.24.010.
Commissioner Hill believed that the purpose of SEAC is to ensure that the limited
special event funds are distributed in a fair and equitable manner. Further, he believed
that, if the Charter Update Commission had not been formed, Chamber of Commerce
requests would have gone before Council and probably been approved without the
knowledge of the funding limit in NBMC Section 3.24.010. He stated that he will be
running for City Council and has been informed that many organizations that may
request funding from the City, like the Conference and Visitors Bureau and labor
organizations, interview candidates for one reason or another. He believed that there is
a separation between the Chamber of Commerce and the BAC PAC and agreed that one
organization should not be singled -out.
Commissioner Tucker indicated that he is now comfortable enough to have the report
presented to Council with the current recommendation.
Chairwoman Bergeson reported that the recommendations presented this afternoon will
be included in the updated report and that the Commission will review it one more time
at the May 4th meeting prior to it going before Council. Mayor Pro Tem Henn noted that
Council has the option to change, adopt or amend the Commission's recommendations.
In response to Commission questions, Interim Assistant City Manager Perkins reported
that the Office of the City Attorney will draft the language for the ballot measures. City
Clerk Brown reported that the Orange County Registrar of Voter indicated that it is
hard to determine how many measures the County will allow cities to place on the ballot
and recommended that the City's questions be limited to no more than five. She
confirmed that the Charter amendment questions can be grouped. Mayor Pro Tem
Henn stated that condensing the questions so they are not confusing to the electorate
will be part of Council's work plan.
4
Charter Update Commission
Meeting Minutes
April 20, 2010
Interim Assistant City Manager Perkins requested that edits be sent to her within the
next couple of days. Commissioner Tucker requested that the updated draft report
include red lines that denote the changes. She stated that, at the May 4th meeting, the
Commission can also decide what type of presentation to make to Council at the
May 25th Study Session and June 8th Regular Meeting.
IV. COMMISSION WORK PLAN - None
V. PUBLIC COMMENTS - None
VI. ADJOURNMENT -Adjourned at 3:14 p.m. to Tuesday, May 4, 2010, at 2:00 p.m.
***************************
The agenda was posted on April 15, 2010, at 9:15 a.m. on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
City Clerk
5
Recording Secretary
Chairperson