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Home My WebLink About2009 Charter Review Commission - Minutes - Historical Refere V11" ACTION MINUTES Tues., Dec. 15, 2009, 6:00 P 1. Roll Call: Jerry Bame, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, ShaAll resentrle exce tHartnet and Whitdon, Tim Stuart, eside de Sullivan, Shane Whiteside, p p � \ a ,\ 2. Public Comments: _ _ _ \\\ - - - - - - "• \--- ------------------------------- An opportunity for the public to comment on any item , s '11111 ;er in general or specific to this agenda, that is within the subject matter or lnsdic ion of thye� mission. Comments ' will be limited to no more than 3 minutes. S eakers�re encour �omit their comments in writing. Each Commission Member ill receive a copy ofWhe submitted comments. \ \ _ _ _ _ _ _ _ _ - - ----------------------------------- ----------- - - - - - - - - - - - Public Comments were received as follows: ' y ��`�\ \ gg, ® Kim Kramer on behalf of the Huntington Beac�h Downtown Residents Association requesting that the monetary trigger for a Meai" 'TAXote be variable based on the size IV of the park and that it not be raised above $100,000 m Joan Flynn in support of streng\ � \qualifications#or the position of City Clerk. \�` \ \ 3. Approval of Minutes from the Novi be � ecem660kCommission meetings. Motion Dettloff, second Brenden to appro he menu�NNUZI�s\off ov. 34nd December 1 as submitted. The motion c reed 13 0 2. \ \ \\\\ \\ \, WIN- ` \\\\\ 4. Staff Presentatio3\11111n on Charva MERIN teection , ;Public Utilities and Parks and Beaches 2-1 (Measure CY as Follow-up toON the Dec. 1 blic Meeting. City staff recommened d ., ,; � 1 No change m sale, lease,,;exchange or transfer of beach or park property, 2 fVoyc„ange m the restriction agamst improvements such as a golf course or driving \\ \ \�\ O nge \` , \�la \\\ \\\\ o change �nhe building size trigger of 3,000 square feet, \�v � The addition` exclusion for repair, replacement, and/or maintenance of sewer, water and stor rain facilities and \\\\ o \. 5�� e addition of an11 cIusion for underground structures. \\ 5. Disc u ;p and pos action on Charter Section 612 Public Utilities and Parks and Beache asure -, Following some doscus,, , commissioner Silver made a motion, seconded by Commissioner Sneddon for staff tid\�`i a back to the Commission with language for a recommendation to the City Council that they�'�dlopt a set of procedures to be followed in determining when a project exceeds the requirements triggering a Measure C vote. The motion carried 13-0-2. Commissioner Dettloff made a motion, seconded by Commissioner Shaw to add the July 11 1994 minute action language to Section 612 of the City Charter. Following some discussion, Commissioner Dettloff withdrew her motion * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Following further discussion Commissioner Dettloff made a motion to have staff look at the current language in Section 612 and where appropriate take language from the July 11, 1994 minute action and add it to Section 612 of the Charter. Her second, Commissioner Shaw noted that those that spoke at the public meeting on Measure C had indicated that they wanted the minute action incorporated into the Charter. The motion carried 13-0-2. Commissioner Bauer made a motion to include language in Charter Section 612 based on staffs recommendation to add an exclusion from a Measure C vote repair, replacement, and/or maintenance of sewer, water, and storm drain facilities within the a 3000 square foot limitation. The motion was seconded by Commission Sullivan. Following sont discussion, the motion carried 12-1-2 (Shaw No) Commissioner Sullivan made a motion, seconded by Com uer to have staff return with language for inclusion in Charter.Section 612 an ex luson from a �llleasure C vote for underground structures. The motion carried 13-0-2. y V ARM \ Commissioner Dettloff made a motion, seconded b mmissioner Brenden�o instruct staff to come back with an appropriate monetary mini for triggering a.Measure C vote and a potential cost indexing method to keep it current n;the futureAWT,he motion carned l'3-0-2 _gg \�\ \\W Commissioner Bixby noted that a recent controversy`ove�e location of a cell tower in a city park brought to light a potential loophole in Measure C whey an applicant is requesting a site ii'license as op posed to a lease to locate a structure in the ' ar To correct this he suggested language requiring a Measure.C vote on,eny agreement that°� Id result in a reduction in \\\\\ recreational opportunities. Following some discussion Commrs ner Bixby made a motion, \0 seconded by Commissioner\\ullivan to ask staff to return with language to be incorporate in \ Section 612 that would r q r�e�a� easure C`vote before approval of any agreement that would \\\\\\\\\ allow a structure such as,a'cell for to be constructed on city parkland or beaches. \° OF \\ Commissioner Silver',"" a mote i econd by '0 issioner Shaw to return with language 5 \ \ for a recommendatio �Councslt a written notification be sent to residents within a specified perimeter whenever�pro \wu\th�e\\thresholds for a Measure C vote is going to be constructed,in\a city park\\ \\ mtw \� \ \O Commissioner Bauer,left the rraee�ting. 6Drscussion and possible act vvyv n Article III of the City Charter. Section 300 ilective offices and their terms Motion Brenden, second Johnson to add the following language to Section 300 of the Charter: If no candidate who meets the qualifications shall be elected to the office of City Clerk, City Treasurer, or City Attorney, the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected)available to run. The motion carried 12-0-3 • Section 309 - City Attorney - Powers and Duties Motion Sneddon, second Johnson to incorporate the qualifications for the City Attorney as identified in the recommendations from Chairman Harlow, Vice Chair Dettloff and staff with the addition of 3 years of Municipal law experience and a.change in Section 0) so it reads as follows: * Material Related to the.Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. Cooperate with and assist the city manager in carrying out the manager's responsibilities in administering the affairs of the city most efficiently, economically, and harmoniously, consistent with his or her duties as prescribed by law, the City Charter, and ordinances of the city. ® Section 310 - City Clerk - Powers and Duties Motion by Commissioner Sneddon, 2"d by Commission Johnson to incorporate the qualifications into Section 310 of the Charter as identified in the recommendations from Chairman Harlow, Vice Chair Dettloff and staff with a change in the language in 0) so it reads as follows: \" Cooperate with and assist the city manager in carrying o, , ;e manager's \\\\.. responsibilities in administering the affairs of the city I'll iciently, economically, �o\��\`��,�\�and harmoniously' consistent with his or her duties,. resc ed by law, the Cit y \\ Charter, and ordinances of the city. \ \\\ Section 311 - City Treasurer - Powers andDuties Motion Sneddon second Shaw to amend Section 311 to"incorporate the ifications for the City Treasurer as recommended in the memo from Shsri Freidenrich and the va new section (d) to read as follows: Cooperate with and assist the city manager' in;carryin� ut,the managersv� responsibilities in administering the affairs ofthe city most efficiently, economically, and harmoniously, consistent with his or her duties asprescribed by law, the City Charter, and ordinances of thevcity v vy \�, \� `\\, 7. Commissioner Requests: Quest10' s nts or suggestions for discussion at a subsequent meetingof the Comm'ki ion � �� 8. Adjourn to the next egular meeting s ��y, Jan 5 at 6 PM in City Hall \\ Room B 8. �w `MUM ME iscliks m 11 3 y '�y � A M�AV A��o� �p ga \Oop \\v\ \\ \\\\ �\ a \\ * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. AUTH N N 0 F3 UTES Tues., Oct. 6, 2009, 60 ® P • Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside (All present except for Harnett, Stuart, and Whiteside) • Public Comments: ------------------------------------------------------------------------------------------------------------------------i An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted_ comments. ------------------------------------------------------------- Public Comments were received as follows: ---- • Derek Spalding spoke on including language in the City Charter on the prevailing wage. (He submitted his comments in writing.) • David Rice spoke in support of including a section in the Charter requiring voter approval for any major amendment in the City's General Plan that would significantly increase the amount of traffic. (He submitted a copy of Newport Beach's Charter provision.) • Linda Moon spoke in support of appointing the City Attorney. (She submitted her comments in writing.) • Clem Dominquez spoke in opposition of directly electing the Mayor. • Shari Freidenrich spoke in favor of maintaining an elected City Treasurer. (She submitted an "Overview of the Position.") • Doug Mangione requested information regarding the venue for the public meeting to discuss a prevailing wage provision in the City Charter. [The meeting on this issue is scheduled for Jan. 21, 2010 in the City Council Chambers.] • Keith Bohr spoke in support of directly electing the Mayor. (He submitted a written copy of his comments.) Written comments in support of an elected City Attorney were submitted by Jennifer McGrath. There were also other late communications as follows: • Written comments in support of an elected City Attorney were submitted by Jennifer McGrath • An Email from a citizen, Drew Kovacs, in support of a directly elected Mayor. • A memo from Commissioner Silver providing his recommendations on Charter Sections 200, 307, and 400. • A revised version of Raphe Sonenshein's PowerPoint presentation. ® PowerPoint presentation on Elected Official and the City Charter— Raphe Sonenshein Raphe made a presentation on the various relationships between the Mayor, Council and the City Manager/Administrator. a Discussion and possible Sections 300, 302, 304, 305, 306, 309, 310, 311, & 800 of the City Charter which relate to the city's elected offices. Potential action on the following: ® Review Section 300 to consider changing the office of Mayor to directly elected Following a lengthy discussion on the proposal to directly elect the Mayor, a motion was made by Commissioner Silver and seconded by Commissioner Dettloff to direct staff to return to the Commission at the Oct. 20 meeting with language for a directly elected Mayor as follows: 1. The Mayor shall serve a 2-year term. 2. There shall be a maximum of 4 terms. 3. The Mayor shall serve as the official, primary representative and spokesperson for the city consistent with the adopted positions of the City Council. 4. The Mayor shall server as presiding officer of the City Council 5. The Mayor shall have no authority to interfere or inappropriately pressure the City Administrator to pursue or take any action. 6. The Mayor shall be automatically removed if he or she violates the above provision. 7. The Mayor shall lead discussions of the City Council on policy issues. Commission Sneddon offered a substitute motion, seconded by Commission Shaw to take a strawvote of the Commission to determine whether to continue to consider the concept of a directly elected Mayor. On a vote of 7-5 3 (Shaw, Sneddon, Sullivan, Bauer, Bixby No) the Commission approved continuing consideration of directly electing the Mayor. ( The Commission then voted to approve the original motion 7-5-3 (Shaw, Bixby, Sullivan, Bauer, Sneddon No) o Review Section 302 to consider changing the compensation for the Mayor and Council Commissioner Bixby made a motion to add a provision to the City Charter to say that the annual changes in total compensation to the City Council not exceed the current $175 monthly stipend plus the current expense allowance [set in the Municipal Code] with a maximum increase each year that is no more than the Consumer Price Index. The motion was seconded by Commissioner Dettloff. Following general discussion a substitute motion was made by Commissioner Bixby and seconded by Commissioner Silver to add a provision to the City Charter limiting the compensation for the Mayor and City Council. The motion failed 1-11-3 (Bixby Aye) * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be Chairman Harlow asked that staff bring back samples to the next meeting of language from other city charters regarding compensation for the Mayor and Council. ® Review Sections 304-305 for possible changes in the proceedings of the Council or the duties of the Presiding Officer • Review Section 306 for any potential changes in the designation or duties of the Mayor Pro Tempore • Review section 300 to consider changing the office of City Clerk from elected to appointed • Review Section 310 for potential changes in the qualifications, powers, and duties of the City Clerk ® Review section 300 to consider changing the office of City Treasurer from elected to appointed o Review Section 311 for potential changes in the qualifications, powers, and duties of the City Treasurer ® Review section 300 to consider changing the office of City Attorney from elected to appointed o Review Section 309 for potential changes in the qualifications, powers, and duties of the City Attorney. o Review Section 800 for potential changes that may be needed in transitioning the elective offices. • Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission o Adjourn to the next regular meeting scheduled for Tuesday, October 20 at 6 PM in Room B-8 of City Hall. * Material Related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the Agenda Packet. Items received after posting of the agenda will be v � f ACTION MINUTES Tues., Sept.15, 2009, 6d®0 P City Hall, City Council Chambers 1. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside All Present 11. Public Comments —The Commission has scheduled this public meeting to hear the public's thoughts on City Charter Sections 300, 302, 304, 305, 306, 309, 310, 311, &800 which relate to the city's elected offices. Nonetheless, comments on any section of the Charter are welcome. ------------------------------------------------------------------------------------------------------------------------ An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted comments. ----------------------------------------------------------------------------------------- There were 13 Speakers: • Keith Bohr • Rich Meyer • Richard Hart • William O'Connell • Clem Dominguez • Shari Freidenrich • Robert Dettloff . Kreg Muller • Julie Bixby • Joan Flynn • Fred Speaker • Victor Leipzig • Ed Kerins 111. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Commissioner Shaw requested that staff provide the cost for a charter amendment election and the cost for staff time to support the Commission's work. City Clerk, Joan Flynn, provided the estimated election costs. IV. Adjourn to the next scheduled meeting at 6 PM on Tues., Oct. 6 to discuss Sections 300, 302, 304, 305, 306, 309, 310, 311, &800 which relate to the city's elected offices. Attachments: Information Items submitted by Mayor Keith Bohr 1. List of California Cities with a Directly Elected Mayor 2. List of the 25 Largest California Cities * Material related to the Charter Sections to be discussed and submitted prior to the posting of the agenda will be included in the agenda packet. Items received after posting of the agenda will be distributed at the Commission meeting as late communications. ACTION MINUTES Tues., Sept.1, 2009, 6:00 PM 1. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside (All present except Bame) 11. P__u__b_lic Comments An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing Each Commission Member will receive a copy of all the submitted comments. ; Twospeakers: --------------------------------------------------------------------------------------------------------- J • Richare Hart spoke in opposition to amending Section 605 of the Charter. His letter was in the agenda packet ® Jim Adams distributed information in support of including a prevailing wages provision in the City Charter. III. Approval of Minutes August 18 (Bauer, Hartnett, Silver, & Stuart absent) On motion from Dettloff and second from Sullivan the minutes were approved 14-0-1 as submitted. IV. Review and Approval of the Charter Review Timeline On motion from Shaw and second from Sneddon the Timeline schedule was approved as submitted. V. Proposed Criteria for Charter Measures and Process for Public Meetings—Sonenshein The facilitator, Raphe Sonenshein, provided background on the purpose of Charters and the criteria for charter measuers. No action was taken. Later in the meeting he provided recommendations on conduct of the Commission's public meetings. Vl. Review Charter Sections 303, 308, 312, 313, 500-503, 600-602, 605, 607-611, 615-616, and 802-803 for review and possible straw votes on recommended amendments -Sonenshein and City Staff The commission reviewed the above sections of the charter and the following actions were taken: Section 303 Meetings and Location With regard to closed sessions, after discussion about the Brown Act and current city practice, a motion was made by Sullivan and seconded by Hartnet to keep this section as is except for language updates. The motion carried 14-0-1. Section 303 Meetings and Location With regard to publishing meeting notices, a motion was made by Silver, seconded by Sneddon to strike outdated references to publication of meetings through outdated sources such as telegram and radio and word it in such a way that it can be adapted with changes in technology. The motion carried 14-0- Charter Review Commission Minutes 09-01-09 2 Section 303 Meetings and Location With regard to posting of agendas and minutes, following discussion of current city practice with regard to posting of the City Council agendas and minutes as well as those of the boards, commissions, and committees, a motion was made by Silver seconded by Shaw to rewrite the requirements for posting of agenda materials and minutes to require the broadest possible availability of these materials as practically possible. The motion carried 14-0-1. Section 308 Official Bonds Following discussion, a motion was made by Silver and seconded by Dettloff to keep this section as is except for language updates and to bring current with State Law. The motion carried 14-0-1. Section 312 Vacancies, Forfeitures and Replacement Following discussions about the meaning of moral turpitude and the intent of this section, a motion was made by Shaw and seconded by Silver form the following section "If an elected city officer is convicted of a crime involving moral turpitude or ceases to be an elector of the city, the office shall become vacant, make the following changes stike"is convicted of a crime involving moral turpitude"and replace them with language reflecting the following, "pleads no contest, is convicted of a felony, regardless of whether they file an appeal of the conviction," The motion carried 14-0-1. EXAMPLE: "If an elected city officer' pleads no contest, is convicted of a felony, regardless of whether they file an appeal of the conviction, or ceases to be an elector of the city, the office shall become vacant. Section 313(b) Nepotism—After some discussion a motion was made by Silver and seconded by Kutscher to keep this section as is except for language updates. The motion carried 12-2-1 (Bixby, Shaw opposed) Section 500(a) Regular Ordinances The City Clerk, Joan Flynn requested the Commission consider changing the requirement for a second reading by title. Ordinances would still be brought to the Council for Introduction and a second reading but no longer read by title at the second reading. A motion was made by Shaw and seconded by Sneddon to strike the requirement that ordinances be read by title at their second reading. The motion carried 14-0-1. EXAMPLE: "Upon introduction and reGend reading, an ordinance shall be read by title only." Section 500(c) Publication of Ordinances Current language requires publication in a newspaper published and generally circulated in the city. The City Clerk requested a change in the publication requirements to allow for other forms of posting. A motion was made by Stuart and seconded by Kutscher to rewrite this section to allow posting of ordinances in a way that would provide the widest distribution possible. The motion carried 14-0-1. Section 501 Emergency Ordinance Following some discussion, a motion was made by Bixby and seconded by Sullivan to amend this section so that emergency ordinance would automatically be repealed after 120 days. The motion carried 14-0-1. Section 502 Resolutions After some discussion a motion was made by Silver and seconded by Sneddon to keep this section as is except for language updates. Charter Review Commission Minutes 09-01-09 3 Sections 600 Fiscal Year The current Charter calls for a fiscal year of July 1 to June 30. The current function fiscal year is based on the State's fiscal year of October 1 to September 30. Staff requested that the Commission remove the dates and:allow the fiscal year to be set by ordinance or resolution. A motion was made by Sneddon and seconded by Dettloff to remove the dates for the fiscal year and provide language to allow the City Council to set it by ordinance or resolution. The motion carried 14-0-1. Section 602 Annual Budget Preparation Staff requested the Commission amend the Charter to allow the budget to be submitted to the Council 30 rather than 60 days prior to the beginning of each fiscal year. A motion was made by Sullivan and seconded by Hartnett to amend this section of the Charter to require that the budget be submitted to the City Council at least 30 days prior to the beginning of each fiscal year. The motion carried 14-0-1. Section 605 Annual Budget Appropriations-After some discussion a motion was made by Sullivan and seconded by Shaw to keep this section as is except for language updates. Sections 607, 608,610, &611 Taxes and Bonds. A motion was made by Sneddon and seconded by Brendan to continue these items to allow the City Attorney time to research current state legal requirements. No date was set for them to be brought back.The motion carried 14-0-1. Section 609 Real Estate Transfer Tax After some discussion a motion was made by Sullivan and seconded by Johnson to keep this section as is except for language updates. Section 615 Grantinq of Franchises (Commissioner Harlow recused himself from this discussion because of a possible conflict.) A motion was made by Bixby and seconded by Shaw to amend the Charter to require that franchises not exceed 25 years and always state a term. Concerns were raised by city staff that such a change would limit the city's ability to negotiate the best terms for the city. After some discussion, the motion failed 12-1-2 (Bixby opposed). A second motion was made by Sneddon and seconded by Stuart to keep this section as is except for language updates. The motion carried 12-1-2 (Bixby opposed). Section 616 Independent Audit a motion was made by Stuart and seconded by Sullivan to keep this section as is except for language updates. The motion carried 14-0-1. Section 802 Violations A motion was made by Silver to eliminate the $500 fine and allow it to be set by ordinance. Discussion ensued without a second. A second motion was made by Dettloff and seconded by Kutscher to strike the wording specifying a$500 fine and imprisonment and leave only the following: "The violation of any provision of this Charter shall be a misdemeanor." The motion carried 14-0-1 Commissioner Stuart expressed a concern about the value of the Commission's work if it can be ignored. He suggested that the revised charter include a preamble stating its importance. It was also suggested that a requirement be included in the Charter for a set review period. Section 803 Property Rights Protection Measure a motion was made by Whiteside and seconded by Sneddon to keep this section as is except for language updates. VI 1. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Charter Review Commission Minutes 09-01-09 4 Commissioner Silver asked that there be discussion about city's reserve policy when the Commission addresses Section 617 (Infrastructure Fund) in February. He noted that there was a Council Study Session on Aug. 17 in which there was discussion about changing the distribution of unreserved/undesignated funds each year. These changes will be included in the city budget at the next Council meeting. Vill. Adjourn to the next scheduled meeting at 6 PM on Tues., September 15 in the City Council Chambers to take public testimony on Sections 300, 302, 304, 305, 306, 309, 310, 311, & 800 which relate to the city's elected office. 7 I S Tues., August 18, 2009, 6:00 P City Hall, Room B-8 I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside All members present except Bauer, Harnett, Silver, & Stuart(Silver and Harnett requested their absence be excused.) II. Public Comments An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the-submitted-comments------------------------- ---------------------------------------------------------� James Adams distributed an article about Palmdale and the inclusion of prevailing wage language in the charter and requested that the Commission include similar language in the city's charter. Doug IMAangione also spoke on inclusion of prevailing wage language in the Charter. A copy of the materials submitted by both are attached here for inclusion in the minutes. Ill. Approval of Minutes from the July 22 (all present) and August 4 (Brenden & Hartnett absent) On a motion from Gary Kutscher and 2"d from Shane Whiteside the minutes for both meetings were approved 11-0-4 (11-0-4 Bauer, Harnett Silver, and Stuart absent.) IV. Public Outreach — Laurie Payne, Community Relations Officer(30 Mins,) Charter Review Minutes 2 08/18/09 V. Charter Consent Items — Review and Take a Straw Vote on those Charter Sections Requiring only Language Updates—Sections 101-105 ,200, 301, 306, =, 312, 404, 405, 603, 604; & 606 (45 Minutes) (Sections 200 & 307 have been removed from the Consent Items to be discussed with Sections 400-404.) Following some discussion, a straw vote motion was made by Dave Sullivan, seconded by Shade Sneddon to approve Sections 101-105, 301, 404, 405, 603, 604, & 606 as needing only language updates The motion was approve (11-0-4 Bauer, Harnett Silver, and Stuart absent.). Section 200, 306, 307, and 312 will be carried forward for discussion. VI. Establish a Timeline Calendar for Charter Sections Needing Discussion (90 Minutes) The Commission went through the sections of the Charter needing review and identified dates for discussion of each of remaining sections. Town Halls were also scheduled: • Elective offices September 15 • Measure C December 1 • Contracts and Prevailing Wage January 21 • Overall Charter February 18 Vll. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission —(15 Minutes) No new requests were submitted. Vill. Adjourn to the next scheduled meeting at 6 PIS on Tues., September 1 in Room B-8 of City Hall 2 o e r ACTION MINUTES Tues., August 4, 2009, .o® PM City Hall, Room m8 I. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside All present except Commissioner Members Brenden and Hartnett. II. Public Comments An opportunity for the public to comment on any item of interest, either in general or specific to this agenda, that is within the subject matter or jurisdiction of the Commission. Comments will be limited to no more than 3 minutes. Speakers are encouraged to submit their comments in writing. Each Commission Member will receive a copy of all the submitted comments. ' 1------------------------------------------------------------------------------------ -------------------------- There were four public speakers: 1. Richard Hart spoke on the need for outreach to the community to maximize public participation in the Charter Review Process. (Written Comments) 2. Jim Adams requested the Commission consider inclusion of the prevailing wage language he submitted previously. (Written Comments) 3. Mickey Totten also requested inclusion of language regarding prevailing wages in the Charter. 4. Hart Keeble also spoke on inclusion of prevailing wages. Ill. Distribution of the city Code of Ethics and acknowledgement forms — Pat Dapkus Pat Dapkus explained the city requirement for review of the Code of Ethics and asked that the Commission Members review the Code, sign the acknowledgement form, and turn it in to her. All commission members present turned in an acknowledgement form. IV. Ground rules for the Charter Review Commission Process — Chairman Dick Harlow Chairman Harlow reviewed the proposed ground rules: Commissioner Sullivan asked that staff estimate the time that will be needed to research a request and/or prepare material. He made a motion to approve the ground rules with this amendment. The motion was seconded by Commissioner Sneddon and approved without opposition. V. Presentation and discussion on the purpose of a Charter, the distinction between a General Law City and a Charter City, and the distinction between the Charter and the Municipal Code —Jennifer McGrath City Attorney Jennifer McGrath made a PowerPoint presentation (A handout of the presentation was distributed and is included here with the Minutes.) VI. Page by page walk through of the current City Charter— Raphe Sonenshein The facilitator, Raphe Sonenshein, walked the commission through the current Charter. Items for future deliberation were identified. The list of those items is attached for inclusion in these minutes VII. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission. Commissioner Bixby asked when it would be appropriate to submit recommendations for new sections of the Charter. He also asked about the deadline for submission of materials to be distributed with the agenda packet. Following some discussion, the Chair and Vice Chair indicated that they would be returning with a tentative schedule for considering the specific sections of the charter at the next meeting. At that time the Commission can determine where new sections will be considered. An agenda deadline schedule had not as yet been determined. The Chair will advise on that at the next meeting. Vill. Adjourn to the next scheduled meeting at 6 PM on Tues., August 18 in Room B-8 of City Hall City of Huntington each Charter Revision Committee MINUTES Wed., July 22, 2009, 6:00 PM City Hall, Room B-6 1. Roll Call: Bame, Bauer, Bixby, Brenden, Dettloff, Harlow, Hartnett, Johnson, Kutscher, Shaw, Silver, Sneddon, Stuart, Sullivan, Whiteside All Present except Commissioner Bauer (Commissioner Bauer arrived shortly after roll call.) II. Public Comments: One Speaker, Jim Adams representing the LA / OC Building and Construction Trade unions and asking that the Commission consider including language in the Charter that regarding prevailing wages as follows: The provisions of California Labor Code Section 1770 et. seq. regarding prevailing wages on public works and related regulations, as now existing and as may be amended, are accepted and made applicable to the City, its departments, boards, officers, agents and employees. Ill. Welcome by Mayor Keith Bohr No.fiction Taken IV. Introduction of Facilitator Professor Raphe Sonenshein - Fred Wilson, City Administrator No Action Taken V. Brief Personal History with Charter Reviews — Raphe Sonenshein No Action Taken VI. Introductions: Commission Members to give a brief background and describe their interested in serving on the Charter Review Commission No Action Taken VII. Selection of a Chair and Vice Chair Nomination by Commissioner Dettloff to appoint Commissioner Dick Harlow as the Commission Chair. Second Commissioner Bauer. (Approved unanimously.) Nomination by Commissioner Bauer to appoint Commissioner Shirley Dettloff as the Commission Vice Chair. Second Commissioner Silver. Nomination by Commissioner Shaw to appoint Commissioner Mark Bixby as Vice Chair; Charter Review Commission Minutes 2 07/22/09 seconded by Commissioner Stuart. Commissioner Dettloff was selected as Vice Chair by a majority vote. Vill. Review of Potential Charter Amendments as presented to the City Council on April 20 — Jennifer McGrath, City Attorney No Action was Taken IX. Brief Overview on a Charter, the Role of a Charter Review Commission, and the Charter Review Process — Raphe Sonenshein No Action was Taken X. Meeting Schedule: Determine the Days and Time for Commission Meetings Following discussion it was determined that the Commission meetings would be held on the first and third Tuesday of the month at 6:00 PM in Room B-8 of City Hall. XI. Other Business No other business XII. Adjourn to next meeting as determined above The meeting was adjourned to Aug. 4 at 6:00 PM in Room B-8 of City Hall Minutes Special Meeting City Council/Redevelopment Agency City of Huntington Beach Monday, June 22, 2009 3:00 PM-Room B-8 Civic Center, 2000 Main Street Huntington Beach,.California 92648 An audio recording of this meeting is archived at www.surfcity-hb.orci/governmentlagendas! 3:00 PM - CALL TO ORDER Mayor Bohr called the City Council/Redevelopment Agency special meeting of June 22, 2009 to order at 3:06 PM. ROLL CALL Present: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen Absent: None ANNOUNCEMENT OF LATE COMMUNICATION Pursuant to the Brown"Open Meetings"Act, Assistant City Clerk Robin Lugar announced the following late communication received by the City Clerk's Office following distribution of the Council agenda packet: Communication submitted by Shaun Mehaffey dated June 22, 2009 entitled Charter Review Commission Interview, requesting withdrawal of consideration to the committee. PUBLIC COMMENTS PERTAINING TO SPECIAL MEETING ITEM(S) (3-Minute Time Limit) - None. (City Council) The City Council conducted interviews with 23 applicants to select eight at-large members and four alternates for the Charter Review Commission. Mayor Bohr indicated that formal appointments would made at the next regular City Council meeting of July 6, 2009. Each applicant was asked to respond to the following four questions: 1. What past experiences have you had in a group decision making process? 2. Are there any community issues of particular interest to you? 3. Are there any specific issues you hope to have the Commission address? 4. Will you be available for bi-weekly evening meetings (approximately 6-8 PM) probably on a Tuesday,Wednesday or Thursday for the next six to nine months? Council/Redevelopment Agency Special Meeting Minutes June 22, 2009 Page 2 of 3 The number after each candidate name represents the point in time in the audio file archive of when the interview commenced. The following candidates participated in the interview process: Dianne Amendola (00:01:15) Ralph Bauer(00:06:13) Mark Bixby (00:15:06). Karen Caruso (00:22:40) Shirley Dettloff(00.27:10) Helena Foutz (00:35:00) Richard Hart(00:37:45) Marlene Mcllroy(00:48:08) Peggy Berry(00:54:22) Patrick Brenden(00:59:50) Peter McKinley(01:05:45) Rosemary Saylor(01:10:15) 5.00 PM - RECESS FOR DINNER 5:30 PM - RECONVENE INTERVIEWS Mayor Bohr reconvened the meeting at 5:30 PM. The following candidates participated in the interview process: Dianne Thompson (01:14:48) Ross Griswold (01:17:10) Gary Kutscher(01:19:45) Karen Jackie(01:25:22) Dave Sullivan (01:31:55) Tim Stuart(01:39:50) Thomas Papademetriou (01:44:49) Kristen Davis (01:50:34) Shane Whiteside (01:53:50) Gregory Hartnett(01:58:52) Ken Maylone (02:04:55) In order to select eight at-large members, Council was provided with a 1st Round Voting form and asked to anonymously indicate their top eight candidates by placing check marks near each name in the respective "Select" column. Staff tallied the selections and announced the top Council/Redevelopment Agency Special Meeting Minutes June 22,2009 Page 3 of 3 eight candidates to be selected as at-large members were: Ralph Bauer, Mark Bixby, Shirley Dettloff, Patrick Brenden, Dave Sullivan, Tim Stuart, Shane Whiteside and Gregory Hartnett. In order to select four alternates, Council was provided with a 2nd Round Voting form and asked to anonymously rank the remaining five candidates who received more than one vote in Round One, as alternates. Staff tallied Council's selections and announced the top four candidates selected as alternates were: (1) Richard Hart, (2) Gary Kutscher, (3)Thomas Papademetriou, and (4) Dianne Thompson. COUNCILMEMBER COMMENTS (Not Agendized) - None. ADJOURNMENT Council/Agency adjourned to the next regularly scheduled meeting on Monday, July 6, 2009, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. Cit ierk and ex-officio Cl* of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk-CI Mayor-Chair Council/Redevelopment Agency Minutes July 6,2009 Page 6 of 17 Communication submitted on Agenda Item No_ 1 by Mayor Keith Bohr dated July 2, 2009, entitled Charter Review, noting his appointment to subject committee has changed and will be Jerry Bame. Communication submitted for Agenda Item No. 17 by Cari Swan of Wallcon, Inc. dated July 3, 2009, entitled Pierside Pavilion, 300 Pacific Coast Highway— 716 Council Mtg that included attached correspondence from Aaron Pai; Huntington Surf and Sport, untitled and dated June 30, 2009, Jonno Wells, Surf line/Wavetrack, Inc., untitled and dated June 23, 2009, Jack Covey, Skyhill Financial, Inc., untitled and dated June 27, 2009, and Dave Walling, Wallcon, Inc., entitled Pierside Pavilion Renovations -300 Pacific Coast Highway. Communication submitted for Agenda Item No. 17 by the Economic Development Department dated July 6, 2009, entitled Late Communication—Administrative Item 17—Pierside Pavilion Owner Participation Agreement(OPA). COMMUNICATION RECEIVED DURING THE MEETING Communication received from Richard Plummer on Agenda Item No. 17 undated, entitled Subject: Pierside Pavilion. AWARDS AND PRESENTATIONS PRESENTATION: Mayor Bohr invited Ron Kenedi; Vice President of Sharp Solar Energy Solutions Group, to receive a proclamation setting goals for a five year program to have Huntington Beach"Go Solar." Mr. Kenedi spoke about the"Hometown Solar Rebate Program" and referred to Sharp's commitment to engaging the Huntington Beach community to achieve a clean emissions-free environment. He also referred to an article that appeared in the Los Angeles Times regarding solar energy and presented a PowerPoint Presentation describing the installation and costs of energy-efficient solar systems. PRESENTATION: Mayor Bohr invited Mike Eich, Junior Lifeguard Program Coordinator to introduce the Junior Guard Lifeguard Team from New Zealand_ Coordinator Eich described the Junior Lifeguard Program and the"exchange" program where junior lifeguards from around the world are able to come to Huntington Beach_ He noted that the sister city of Waitakere, New Zealand has been the most involved in the exchange_ The coach from the New Zealand team introduced his coaches and team members and described the success of the exchange program_ The team demonstrated a traditional "challenge" dance_ ANNOUNCEMENT OF CENTENNIAL MONTH: Mayor Bohr invited Joyce Riddell, President of the Huntington Beach Chamber of Commerce representing the Centennial Celebration Committee to announce July as Business Month. Joyce Riddell gave an overview of the events scheduled for the month to celebrate business in the community including the Awards Luncheon_ The award categories included: The Legacy Awards for businesses with at least two generations of family, the Athena Awards to a distinguished female business woman, and the Outstanding Citizen Award to a long-time community volunteer. Ms. Riddell introduced the Chairs of the"Business Scavenger Hunt"who described the program which had more than seventy businesses participate. The purpose of the hunt was to emphasize the role of small business in Huntington Beach. The Mayor drew the winner's names of the Scavenger Hunt drawing. Council/Redevelopment Agency Minutes July 6, 2009 Page 8 of 17 Robert Johnson spoke in opposition to the City's affordable housing program and referred to the existing issues at the Cape Ann development. (00:51:54) Richard Plummer, resident, expressed concerns that there was no public hearing for the proposed Pierside Pavilion project and that the project would negatively impact the density in the downtown area. Mr. Plummer also referred to the negative impacts of the parking and increase in bar/restaurant space. (00:55:05) Mark Bixby acknowledged Huntington Beach residents support of open space and parks. Mr. Bixby commended the Bolsa View residents who researched the cell tower issue in relation to the Measure C requirements. He noted that other cell tower sites are available. (00:58:25) George R. Baker spoke about the Bolsa View cell tower issue and the impacts of the California Environmental Protection Act(CEQA) on the proposed project. He expressed concerns over his belief that the City Council has not performed the required CEQA procedures in regard to this project. (01:01:05) COUNCIL COMMITTEE /APPOINTMENTS/ LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING 1.(City Council)Appointed Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Gregory Harnett, Tim Stuart, Dave Sullivan, and Shane Whiteside as the eight at-large members of the Charter Review Commission; and; Richard Hart, Thomas Papademetriou, Dianne Thompson, and Ken Maylone as alternate's at-large. Mayor Bohr described the process for selecting the Committee members_ A motion was made by Coerper, second Carchio to appoint Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Gregory Harnett, Tim Stuart, Dave Sullivan, and Shane Whiteside as the eight at-large members of the Charter Review Commission and four alternate at-large members in ranked order as follows: 1) Richard Hart, 2)Thomas Papdemetriou, 3)Dianne Thompson, and 4) Ken Maylone. The motion carried by the following roll call vote: AYES: Carchio; Dwyer, Bohr, Coerper, and Hansen NOES: None ABSENT: Green, and Hardy Mayor Bohr also announced the following individual appointments of Richard Harlow(Carchio), Gary Kutscher(Dwyer), Shade Sneddon (Green), Jerry Bame (Bohr, as amended by late communication), Marijo Johnson (Coerper), Joe Shaw(Hardy), and Ray Silver(Hansen). CITY ADMINISTRATOR'S REPORT- None. RECESS CITY COUNCIL/REDEVELOPMENT AGENCY MEETING -7:10 PM 2. CIVIC IMPROVEMENT CORPORATION MEETING CALL TO ORDER