HomeMy WebLinkAbout1978-01-30MINUTES
Room B-8, Civic Center
Monday, January 30, 1978
7:00 P.M.
Mayor Pattinson called the adjourned regular meeting of the City Council of the
City of Huntington Beach to order at .7:00 P.M.
ROLL CALL
Present: Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson
(wieder arrived at 7:30 P.M.)
Absent: None
,1/1.
DISCUSSION RE PROPOSED CITY CHARTER REVISIONS
Pat Coughlan, Charter Revision Consultant was introduced to Council and staff
by Jeri Chenelle, Administrative Aide.
Mayor Pattinson announced that Council would resume reviewing the City Charter,
which had been continued from the January 9, 1978 Council meeting.
ARTICLE III - Section 316 - Vacancies, Forfeitures and Replacement - Parts (a),
(b) and (c)
No discussion.
ARTICLE III - Section 317 - Conflict of Interest, Nepotism Parts (a) and (b)
No discussion
i IV - APPOINTIVE OFFICES AND PERSONNEL - Section 400 - Pe
c.), and (d) - City Administrator. Cam
No discussion
Eligibility,
ARTICLE IV - Section 401 - Powers and Duties - Parts (a), (b), (c), and (d)
The Council unanimously voted to revise Section 401-A as follows.
401-A Revise last sentence to include approval of majority vote of full Council.
ARTICLE IV - Section 401 - Powers and Duties - Part (e)
Councilman Siebert suggested that 'maintain' would be a better_ word to use in
this instance, rather than 'establish', since the centralized purchasing system
has already been established.
STRAW VOTE IN P'AVOR OF WORD CHANGE - APPROVED
Mayor Pattinson announced that a straw vote would be taken on Part (e) in
favor of changing the word 'establish' to 'maintain' in the wording.
AXES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None..
ABSENT: Wieder 146
Page #2 - Council Minutes - 1/30/78
ARTICLE IV- Section 401 - Powers and Duties - Parts (f) and ,(g)
No discussion
COUNCILWOMAN WIEDER ARRIVED AT THIS TIME
ARTICLE IV - Section 401 - Powers and Duties - Part (h)
Councilman Siebert questioned the wording in this paragraph, stating that in his
opinion it was vague. The Charter Revision Consultant interpreted what was said
in the charter and gave reasons for the proposed new wording. Discussion was held
on the matter.
STRAW VOTE IN FAVOR OF CHANGE IN WORDING - APPROVED
Mayor Pattinson announced that a straw vote would be taken on Part (h) in favor of
changing the sentence to read "Subject to policy established by the City Council,
exercise control of all administrative offices and departments of the City and of
all appointive officers and employees except those directly appointed by the City
Council and prescribed such general rules and regulations as he may deem necessary
or proper for the general conduct of the administrative offices and departments of
the City under his jurisdiction.",instead of the current proposed "Prescribe such
general rules and regulations as may be deemed necessary or proper for the general
conduct of subordinate administrative offices and departments of the City".
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE IV - Section 401 - Powers and Duties - Part U)
No discussion
ARTICLE IV - Section 402 - Acting City Administrator
No discussion
ARTICLE IV - Section 403 - City Clerk
Discussion was held between Council on the matter and it was generally agreed that
this item be set aside for separate discussion.
STRAW VOTE - CITY CLERK - TO BE PLACED SEPARATELY ON THE BALLOT - APPROVED
Mayor Pattinson announced that a straw vote would be taken in favor of putting
Section 403 on the ballot as a separate issue.
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE IV - Section 404 -- City Clerk - Powers and Duties - Parts (a) -through and
including (i)
No discussion
Page 3 - Council Minutes - 1/30/78
ARTICLE IV - Section 405 - Administration/Personnel - Sections (a) and (b)
Discussion was held on the matter between Council and it was suggested that the
word "Administration" be removed from the title. It was also suggested that
the title under Section (a) "Administration" and the title under Section (b)
"Personnel" be omitted and that these two sections become one.
STRAW VOTE - IN FAVOR OF CHANGE IN WORDING - APPROVED
Mayor Pattinson announced that a straw vote would be taken on Part (a), elimin-
ating the word "Administration" in the title and changing "City Comptroller"
to "City Treasurer", eliminating the word "personnel" in Part (b) and making
the two sections Part (a) and (b), into one.
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT; None
Considerable discussion was held between Council and staff on whether the City
Clerk, City Attorney, City Comptroller and Department Heads should be exempt
from the personnel system. The Charter Revision Consultant stated that of the
seven cities he is involved in, only one has the City Clerk, Attorney, Comptroller
and Department Heads in the personnel system. The Assistant City Administrator
suggested that they be called 'elected officials'.
STRAW VOTE - IN FAVOR OF EXEMPTING 'ELECTED OFFICERS' FROM PERSONNEL SYSTEM
FAILED
Mayor Pattinson took a straw vote on Part (b) in favor of exempting the City Clerk,
City Attorney, City Comptroller and Department Heads (to be known as 'elected
officers') from the personnel system.
AYES: Wieder, Coen, Siebert
NOES: Bartlett, Gibbs, Shenkman, Pattinson
ABSENT: None
The straw vote failed.
Following further discussion, a suggestion was made by Siebert to change the
wording in Section (b) as follows: "The City Council shall maintain by ordinance
a comprehensive personnel system for the City. The City Administrator, the
Assistant City Administrator and elected officers shall be exempt". Councilman
Coen inquired why the Assistant. City Administrator should be exempted from the
personnel system, for which he stated he could see no good reason. He believed
that Councilman Siebert's suggestion should be amended to eliminate the Assistant
City Administrator from exemption from the personnel system. Councilman Siebert
stated that he would not accept the amendment.
STRAW VOTE - IN FAVOR OF EXEMPTING THE CITY ADMINISTRATOR, THE ASSISTANT CITY
ADMINISTRATOR AND ELECTED OFFICERS FROM THE PERSONNEL SYSTEM
AYES: Bartlett, Wieder, Gibbs, Siebert, Shenkman, Pattinson
NOES: Coen
ABSENT: None
Page 4 - Council Minutes -- 1/30/78
STRAW VOTE - IN FAVOR OF INCLUDING THE ASSISTANT CITY ADMINISTRATOR IN THE
PERSONNEL SYSTEM - FAILED
Mayor Pattinson announced that a straw vote would be taken in favor of including
the Assistant City Administrator in the personnel system.
AYES: Wieder, Coen
NOES: Bartlett, Gibbs, Siebert, Shenkman, Pattinson
ABSENT: None
The straw vote failed.
ARTICLE IV - Section 406 - Retirement System
Discussion was held between Council and the Personnel Director regarding the pro-
vision of retirement benefits provided by the system.
STRAW VOTE - IN FAVOR OF REMOVING THE SECOND SENTENCE UNDER SECTION 406-APPROVED
Mayor Pattinson announced that a straw vote would be taken in favor of removing
the second sentence under Section 406, which reads "The benefits provided shall
not be less than those provided by the State Employees' Retirement System."
AYES: Bartlett, Wieder, Coen; Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE IV - Section 407 - Boards and Commissions and Committees
Discussion was held between Council regarding the direction of the City Council
to. Boards, Commissions and Committees. Councilman, Siebert .stated that the
definitions of such groups would be more appropriately set by resolution or ordinance
than in the City Charter.
STRAW VOTE - IN FAVOR OF DELETING WORDING DEFINING BOARDS, COMMISSIONS AND COMMITTEES -
APPROVED
Mayor Pattinson stated that a straw vote would be taken in favor of deleting all
the wording in the second sentence of this section which follows " all such boards,
commissions and committees shall report directly to the City Council."
AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson, Siebert
NOES: None
ABSENT: None
ARTICLE IV - Section 500 - Ordinances and Resolutions, Part (a) - Enactment
Discussion was held between Council on the matter. Councilman Siebert inquired
whether the word 'ordain', as it pertains to ordinances was appropriate, and
the City Clerk confirmed that it was.
IAIft"i
Page 5 - Council Minutes - 1/30/78
Considerable discussion was held on whether upon introduction, the ordinances
should be read in full or by title. The City Clerk stated that the City of
Costa Mesa publishes their ordinances by title but puts extra wording in the
title in order that the public can better understand the intent of the ordinan
Councilman Siebert stated that he was in favor of the present practice and not cutting
communication between Council and the public. Councilwoman Gibbs disagreed,
giving reasons for her opinion on the matter. She suggested that a brief
sudimary be put together of each ordinance in order that everybody could under-
stand the substance.
Upon further discussion, the City Clerk stated that there was a definite lack of
circulation of articles posted in the newspaper, since the City is locked into
publication by the one newspaper. Councilman Bartlett explained .that the
"Huntington Beach News" is given sole publication by the City because it
is the sole newspaper published in the City and publication has to be made from
within the City of Huntington Beach, by Charter.
STRAW VOTE - IN FAVOR OF INTRODUCING ORDINANCES BY TITLE ONLY - APPROVED
Mayor Pattinson announced that a straw vote would be taken to change the third
sentence under Part (a) to read as follows: "Upon introduction, a regular ordin-
ance shall be read, by title only..."
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE IV - Section 500 - Ordinances and Resolutions - Part (b) - Adoption
No discussion
RECESS - 9:20 P.M.
RECONVENE -9:35 P.M.
ARTICLE IV - Section 500 - Ordinance and Resolutions - Part (c) Publication
Mayor Pattinson announced that a straw vote would be taken to add to Part (c)
the words "by title with a brief summary".
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE IV - Section 500, Ordinances and Resolutions - Parts (d), (e); and (f)
No discussion
ARTICLE IV - Section 501 - Emergency Ordinances
No discussion
ARTICLE IV - Section 502 - Resolutions
No discussion
0
Page 6 - Council Minutes - 1/30/78
ARTICLE IV — Section 503 - Publishing of Legal Notices
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 600 - Fiscal Year
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 601 - Annual Budget - Preparation by the
City Administrator
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section.60Z .- Annual Budget, Submission to
the City Council
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 603 - Annual Budget - Public Hearing
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 604 - Annual Budget - Further Consider-
ation and Adoption
Mayor Pattinson stated that "City Treasurer" be submitted where the wording "City
Comptroller" appears.
ARTICLE VI - FISCAL ADMINISTRATION - Section 605 - Annual Budget A&ropriations
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 606 - Determination of City Tax Rate
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 607, Tax Limits, Part (b)_
gpr_i-i nn 2
Discussion was held regarding the wording and it was agreed mutually by Council that
in order to attain maximum flexibility, the wording "under the State Employees' Retirement
System, the Federal Insurance Contributions Act, or other plan," be eliminated.
STRAW VOTE - IN FAVOR OF REWORDING PART (B), SECTION 2 - APPROVED
Mayor Pattinson stated that a straw vote would be taken in favor of rewording Part (b),
Section 2 to read: "A tax sufficient to meet all obligations of the City for the
retirement of City Employees, due and unpaid or to become due during the ensuing
fiscal year."
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenk man, Pattinson
NOES: None
ABSENT: None
1151
Page 7 - Council Minutes - 1/30/78
ARTICLE VI - FISCAL ADMINISTRATION - Section 607 - Tax Limits - Part (c)
Copsiderable discussion was held between Council and staff regarding special
levies set annually by the City. Councilman Coen suggested that the Advertis-
ing, Music and Promotion.Fund be combined with Cultural Interests, (cultural
affairs would cover the Public Museums of Natural and Historical Objects),
and the Advertising, Music and Promotion Fund would become 'Promotional Interests'),
which would amount to a combined levy of $0.07 giving more flexibility to the funds.
It wa* also suggested that huinan servicesbe included with parks and recreation.
STRAW VOTE IN FAVOR OF CHANGE OF WORDING AND AMALGAMATION OF TWO LEVIES - APPROVED
Mayor Pattinson stated that a straw vote would be taken in favor of changing the
wording in part (c) to read as follows: ---"to wit: Parks and Recreation & Human Services
not to exceed $0.20 per One Hundred; libraries not to exceed $0.15 per One
Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07
per $100; and civil defense and disaster preparedness not to exceed $0.03 per
$100.
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ARTICLE VI - FISCAL ADMINISTRATION - Section 608 - Vote Required for Tax Measures
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 609 - Real Estate Transfer Tax
Councilwoman Gibbs inquired why the Real Estate Transfer Tax was included in
the proposed new charter. The Chairman of the Charter Revision Committee gave
reasons why they had incorporated the property tax .
ARTICLEE VI - FISCAL ADMINISTRATION - Section 610 - Bonded Debt Limit
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 611 - Revenue Bonds
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 612 - Sale of Public Utility
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 613 - Execution of Contracts,
Parts (a) , (b) and (c)
No discussion
ARTICLE VI - FISCAL ADMINISTRATION - Section 613 - Execution of Contracts
Parts (d) and (e)
Discussion was held between Council and staff on the powers and duties of the City
Administrator with regard to execution of contracts, etc. It was ascertained
that Parts (d) and (e) were superfluous since the matter was covered under the
new purchasing ordinance.
�r�
Page 8 - Council Minutes - 1/30/78
STRAW VOTE IN FAVOR OF DELETING SECTION 613, PARTS (D) AND (E) AND EVERYTHING FOLLOWING
IN SECTION 613 - APPROVED
Mayor Pattinson announced that a straw vote would be taken in favor of deleting Parts
(d) and (e) of Section 613, which read as follows: "(d) Any contract deemed by the
City Administrator or any head of a City Department to be necessary as an emergency
measure for the immediate preservation of the public peace, health or safety, and
containing a statement of the reasons for its urgency, may be entered into on behalf
of the City by such City officer without the prior approval of the City Council,
in an amount not to exceed $25,000; (e) Except as hereinafter expressly provided
every contract involving an expenditure of more than $25,000 for service, unless
by ordinance the City Council establishes a lower figure,.shall be let to the lowest
responsible bidder after reasonable notice. The City Council shall establish the
manner and form of notice by ordinance. The entire remainder of Section 613
following Parts (d) and (e) would also be deleted. Motion passed.
ARTICLE VI - FISCAL ADMINISTRATION - Section 614 - Contracts on Public Works
The Director of Public Works addressed Council and suggested that the expenditure
amount of $10,000 be increased to $25,000, since bidders are reluctant to bid on
such an insignificant amount. Discussion was held between Council and the Charter
Revision Consultant.
STRAW VOTE IN FAVOR OF INCREASING THE BASIC CONTRACT AMOUNT - APPROVED
Mayor Pattinson announced that a straw vote would be taken in favor of increasing
the basic contract amount on public works from $10,000 to $25,000.
AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson
NOES: Siebert
ABSENT: None
ARTICLE VI - FISCAL ADMINISTRATION - Section 615 - Granting of Franchises
Councilman Siebert inquired whether the regulation of granting of franchises for
the City as currently proposed would negate franchises over the Charter, to which
the Charter Revision Consultant replied that any existing franchises are valid,
however, he did suggest that the City get together an ordinance regulating the grant-
ing of franchises for the City as soon as possible. Mayor Pattinson directed the
City Administrator to get the ordinance together and returned for Council's approval
as soon as possible.
ARTICLE VI - FISCAL ADMINISTRATION - Section 616 - Independent Audit
No discussion
ARTICLE VII - ELECTIONS - Section 700 - General Municipal Elections
No discussion
ARTICLE VII - ELECTIONS - Section 701 -_Special Municipal Elections
No discussion
ARTICLE VII - ELECTIONS - Section 702 - Procedure for Holding_ Elections
No discussion
15Z3,
Page 9 - Council Minutes- 1/30/78
ARTICLE VII - ELECTIONS - Section 703 - Initiative, Referendum and Recall
No discussion
ARTICLE VII - ELECTIONS-- Section 704 - Nomination Papers
Councilman Coen stated that he would like to see a lessor figure than 50 electors
for each candidate. The City Clerk spoke on the matter. It was determined that
the filing fee had been eliminated from the proposed Charter. Following discussion,
Mayor Pattinson stated that the City would conform to the standard set by the State,
relative to electors necessary for candidates
STRAW VOTE IN FAVOR OF CONFORMING TO STANDARD SET BY STATE RELATIVE TO NUMBER
OF ELECTORS NECESSARY FOR CANDIDATES - APPROVED
Mayor Pattinson stated that a straw vote would be taken in favor of keeping the
number of electors necessary for candidates in conformance with the number as
recognized by the State, which is no more than 30 and no less than 20 electors.
ARTICLE VIII - MISCELLANEOUS - Section 800 - Transition
No discussion
ARTICLE VIII - MISCELLANEOUS - Section 801 - Definitions
No discussion
ARTICLE VIII - MISCELLANEOUS - Section 802 - Violations
Councilman Coen expressed concern regarding the apparent lack of provisions made
for salaries of elected officials and the filling of vacancies. It was established
that those items were covered under Section 310, Section (a).
COMMENCEMENT OF DUTIES - ELECTED OFFICIALS
Councilman Siebert expressed concern regarding the time an elected official may
commence his duties. He stated that there was no provision set in the proposed
Charter stating when an elected official may commence his duties. Discussion was
held between Council on the matter.
STRAW VOTE IN FAVOR OF ADDING PARAGRAPH TWO OF PAGE C-7 OF THE CHARTER TO SECTION
300 - ELECTED OFFICERS - APPROVED
Councilman Siebert suggested that when all the changes are made, that the second
paragraph of the current Charter, Page C-7 be inserted -under Section 300 - Elective
Officers, which reads as follows: "The term of each elected officer of the City
shall commence on the first Monday following his election. Ties in voting among
candidates for office shall be settled by the casting of lots."
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
Page 10 - Council Minutes - 1j30j78
ARTICLE III - ELECTIVE OFFICERS - Section 308 - Non -Interference with Administration
Administrative Aide, Jeri Chenelle, addressed Council and referred to the title
of this section "Non -Interference" with Administration and pointed out that Council
had nevertheless 'interferred' with it. The Charter Revision Consultant stated
that he strongly recommended that Council return to the original wording, elimina-
ting the words which Council had added "but not precluding the majority action
of the City Council."
STRAW VOTE - IN FAVOR OF RETURNING TO THE ORIGINAL WORDING IN SECTION 308 - APPROVED
Mayor Pattinson stated that a straw vote would be taken in favor of returning to
the original wording in Section 308, which would mean eliminating the words which
were added.
AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson
NOES: None
ABSENT: None
ABSTAIN: Siebert
Councilman Shenkman stated that he would be unable to attend the forthcoming Council
meeting of February 6, 1978.
Following discussion, it was determined that a finished draft could be prepared for
Council by the Charter Revision Consultant by February 15, 1978. It was further
determined that the City Attorney would prepare a draft of the items which would
go on the ballot
Discussion was held on the responsibility for writing the arguments initiated
'for' and 'against' the proposals. Mayor Pattinson assigned Councilmen Coen,
Siebert and Shenkman, together with the Charter Revision Committee to meet
with the City Attorney to discuss the matter.
Administrative Aide, Jeri Chenelle, stated that the funds for the Charter
Revision Committee had been depleted. The City Administrator stated that the
matter would be presented to Council at the February 6, 1978, Council Meeting.
ADJOURNMENT
On motion by Pattinson, second Bartlett, the adjourned regular meeting of the
City Council of the City of Huntington Beach adjourned to Monday, February 6,
1978, at 7:00 p.m.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
City Clerk Ronald R. Pattinson
Mayor