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HomeMy WebLinkAboutAtt A - 05-24-12 MinutesCHARTER UPDATE COMMITTEE MINUTES City Council Chambers Thursday, May 24, 2012 4:00 p.m. I. CALLED MEETING TO ORDER — 4:00 p.m. II. ROLL CALL Present: Members Paul Glowienke, Jeff Herdman, Suzanne Savary, Joseph Stapleton, Dan Wampole, and Council Member Rosansky Excused Absences: Chairman Paul Watkins and Member David Bahnsen City Staff: City Manager Dave Kiff, City Attorney Aaron Harp, City Clerk Leilani Brown, Acting Assistant City Attorney Michael Torres, Assistant to the City Manager Rob Houston, and Public Information Manager Tara Finnigan III. WELCOME AND INTRODUCTIONS The Charter Update Committee Members, Council Member Rosansky, and City staff introduced themselves. Since Chairman Paul Watkins was absent, the Committee designated Paul Glowienke as the Acting Chair of the meeting. IV. PUBLIC COMMENTS ON AGENDA ITEMS Jim Mosher requested clarification relative to whether public comments will be invited on every item of the agenda. Following discussion, it was the consensus of the Committee to allow 3 -minute public testimony on each section of the agenda. Bob Rush discussed conflicts of interests and City Council Policy A-16 - Conflict of Interest Procedures. Dan Purcell believed that the appointments were made quickly. V. PURPOSE OF A CITY CHARTER AND THE CHARTER UPDATE COMMITTEE City Manager Kiff and Acting Assistant City Attorney Torres discussed the purpose of a City Charter, stated that Charters need updating periodically, and noted that a Charter history was provided to the Committee. City Manager Kiff reported that the Committee was created to represent the residents and that, if the Committee has other items to add to the Charter amendment list, those suggestions need to be brought to the City Council for approval prior to the Committee reviewing the issues. Acting Assistant City Attorney Torres provided a brief overview of the Ralph M. Brown Act and discussed what potential conflicts of interests could entail. Jim Mosher believed that Committee Members should read the entire City Charter before the next meeting to understand the context of the proposed Charter changes. He added that Charter amendments can amend staff and City authorities. Bob Rush believed that, under City Council Policy A-16, the City is obligated to discuss potential conflicts of interests and requested that a summary of potential Committee Member conflicts be released to the public. City Attorney Harp clarified that City Council Policy A-16 does not require the City to disclose potential conflicts of interests. Dan Purcell requested that the minutes include the names of the individuals who spoke at the meeting. Member Glowienke pointed out that providing ones name is not mandatory. Charter Update Committee Meeting Minutes May 24, 2012 VI. COMMITTEE WORK PLAN Member Glowienke noted that the draft Work Plan was provided in the packet and believed that the Committee should try to review the Charter Sections expeditiously in order to allow the public time to review the potential amendments and to allow the Committee time to review pervious items if more clarification or information is needed. Member Herdman indicated that he will not be able to attend the June 7 meeting. Member Savary reported that she will not be able to attend the July 5 meeting but can possibly attend via teleconference. Acting Assistant City Attorney Torres noted that there are additional requirements involved with a teleconferenced meeting and requested that any Committee Member wanting to teleconference contact him or City Clerk Brown in advance of the 72 -hour agenda posting deadline. In response to Committee questions, City Manager Kiff indicated that Committee recommendations will be brought to Council in the form of a staff report and that the Committee will have an opportunity to review the report prior to Council consideration. Council Member Rosansky reported that, by the weekend, the Committee will receive a redline draft of the proposed Charter amendment language which is based on Exhibit 2 to Resolution No. 2012-32. He indicated that the Committee, through these meetings, will have the opportunity to review the proposed redlines and that the final redline version will be brought to Council as part of the staff report. Jim Mosher reported that the 2010 Charter Update Commission received white papers on every section being considered for change. He expressed concern that the meetings will begin at 4:00 p.m. and that some of the meetings are scheduled to be located in the small Council Chambers Conference Room. Following discussion, it was the consensus of the Committee that the 4:00 p.m. meeting start time was sufficient but requested that meetings scheduled to be held in the Council Chambers Conference Room be relocated to a larger venue. Bob Rush received clarification from City Manager Kiff that, if the Committee wished to discuss an item that was not on the Council -approved list, the Committee can discuss the item only after Council approved it at a regular Council meeting. Regarding providing a formal report on each Charter Section, City Manager Kiff indicated that not all the changes are substantive, but more information can be provided on Charter Sections that require more clarification. VII. CHARTER SECTION DISCUSSIONS City Manager Kiff reiterated that not all the Charter Section amendments are substantive, but are being proposed for change in order to improve efficiencies, implement better business practices, etc. He provided his perspectives regarding the following Charter Sections that he feels may warrant more information: • Sections 402-A, 402-B, and 404 (Reimbursement for Expenses, The Mayor and Mayor Pro Tempore) • Section 407 (Regular Meeting) • Section 421 (Contracts, Execution) • Section 425 (City Hall) • Section 608 (Illegal Contracts. Financial Interest) • Section 707 (Planning Commission Powers and Duties) • Section 708 (Board of Library Trustees Powers and Duties) • Section 709 (Parks, Beaches and Recreation Commission Powers and Duties) • Section 801 (Positions Included in the Civil Service System) 2 Charter Update Committee Meeting Minutes May 24, 2012 Regarding 402-A, 402-B, and 404, Member Glowienke requested a Council salary comparable by population, budget, and pros/cons. Council Member Rosansky encouraged the Committee Members to contact staff if they need clarification or more information on any of the Charter Sections on the Council -approved list. Following discussion, City Clerk Brown indicated that she can email the meeting information to the Committee but can provide a hard copy if desired. City Manager Kiff noted that any email to staff may be disclosable via the Public Records Act (PRA). Jim Mosher noted that the Charter background shows that past attempts to change Council stipends and amend the Library Board duties were not approved by the voters. He also stated that some elections were missing from the background. Dan Purcell believed that the Committee should invite Planning Commission Chair Toerge and Police Chief Johnson to the meeting. City Manager Kiff indicated that, for the next meeting, background information can be provided on the substantive issues up to Charter Section 407, but noted that the Committee can also discuss any of the other Charter Sections. He reported that the Committee will be able to review any of the proposed redline language. Member Wampole suggested using the last two meetings to also clarify any questions from the previous meetings. Member Glowienke also requested an organizational chart that includes positions. Member Savary suggested using different colors in the redline version. Member Stapleton suggested using green, yellow, and red for the various degrees of intricacy. Vill. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher expressed concern with staff's interpretations, noting his issues relative to the name of the Committee, how the Committee was formed, and how the Committee Members were appointed. IX. ADJOURNMENT - Adjourned at 5:40 p.m. to Tuesday, May 31, 2012, at 4:00 p.m. in the City Council Chambers. The agenda was posted on May 21, 2012, at 11:50 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 3 Recording Secretary Chairperson