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HomeMy WebLinkAbout2010 Charter Review Commission - Minutes - Historical Refere _ ._. _..._— ___ _....._ ___-- ___._ ----_._. i .. ._ ...............- .. _ ACTION MINUTES Tuesday,, March 16, 2010, 6:00 P City Hall, -8 1. Roll Call: Jerry Barre, Ralph Bauer; dark Bixby, Patrick Brenden, Shirley Dettloff, Dick Marlow, Gregory Hartnett, Marijo Johnson, Gary. utscher, Joe Shaw, Ray Silver, Sarie Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside All present. H. Public Comments: An opportunity for the public to comment on any €tern 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 ; minutes. Akers are encouraged! to submit their comrnents in vLriting. Each Commission Member will receive a copy d:f all the subr ittedf comments. Ill. Approval of the Commission minutes from the h4arch 2 meeting. Motion by Dettloff, second by Shaw to approve the March 2 minutes with as amended to correct action taken on Charter Section 617(b). Ind. Review and Amend Section 311: City Treasurer Powers and Duties Following some discussion, a motion was made by Commissioner Bauer, seconded by Commissioner Sneddon to approve the qualifications for the City Treasurer as follows: To become and remain eligible for City Treasurer, the person elected or appointed shall have a minimum of five(5)years of financial and treasury experience with three (3)years of management experience and either a Master's degree in accounting, finance, business, or public administration; or a Bachelor's degree in accounting, finance, business, or public administration and Certification by the California Municipal Treasurer's Association or their successor within three (3)years of election or appointment. A substitute motion was made by,Commissioner Bame, seconded by Commissioner Whiteside to approve the above language without the requirement for certification by the California Municipal Treasurer's Association. The motion failed 3-12 (Barre, Stuart, & Whiteside Ayes) The original motion was approved 14-1 (Brenden No) Following a discussion about the management responsibilities of all three elected department heads, Commissioner Dettloff made a motion, seconded by Commissioner Bauer to add Charter Section 309 three.(3)'years of management experience as a qualification "to become and remain eligible for City Attorney." The motion carried 11-4 (Barre, Silver, Shaw, & Brenden No) Commission Dettloff made a motion, seconded by Commissioner Sneddon to add to Charter Section 310 three (3) years of management experience as a qualification "to become and remain eligible for City Clerk." The motion carried 12-3 (Barre, Brenden, Silver No) V. Continue Review of Proposed City Charter Amendments * 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. Charter Review Commission March 16, 2010 2 City Staff noted that Police Chief Small expressed a concern that the draft language in Charter Section 312 (c) Forfeiture was too broad. A motion was made by Commissioner Hartnett, seconded by Commissioner Sullivan to amend the language to read: If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, the office shall become vacant. If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime involving moral turpitude or ceases to be an elector of the City, the office shall become vacant. The City Council shall declare the existence of such vacancy. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. The motion carried 13-2 (Barre, Brenden No) No changes were made in draft Charter Section 313 thru 401(a-i) Under draft Charter Section 401,a motion was made by Commissioner Shaw, seconded by Commissioner Sneddon to delete Section 4016) and move itto:draft Charter Section 403 of the Charter. A follow up motion was made by Commissioner Bixby, seconded by Commissioner Brenden to amend draft Sections 3090), 3100), & 311(f)to read: "Assist and cooperate with the city manager consistent with Section 403 of the Charter[as amended above]. No changes were made in draft Charter Section 404 or 405. Under draft Charter Section 500 a motion was made by Commissioner Sneddon, seconded by Commissioner Bixby to change the wording under'500(c) by ending the first sentence after the word "purpose," and beginning a new sentence to read: "Current technology should be used to ensure the widest possible dissemination." The motion was approved 15-0. Under draft Charter Section 503 on motion by Commissioner Sneddon and second by Commissioner Dettloff, the word "via"was changed to the word "using." The motion carried 15-0 No changes were made to draft Charter Sections 600 through 611. Under draft Charter Section 612(b), Commissioner Bixby made a motion, seconded by Commissioner Shaw o add the word "cost" in the second to last sentence before the words "conceptual estimate:" The motion carried 14-1. (Silver abstained) Under draft Charter Section 612(c)(4) Commissioner Bixby made a motion seconded by Commissioner Shaw to change the wording to read: "to public works underground utility structure if park or beach use is not impeded." The motion carried 15-0. Under draft Charter Section 612(c)(5) Commisition Bixby made a motion, seconded by Commissioner Sullivan to change the wording to read: to any public works construction, Charter Review Commission March 16, 2010 3 maintenance, or repair mandated by state or federal law that does not negatively impact recreational opportunities, or" The motion carried 13-2 (Stuart, Kutscher No) Under draft Charter Section 612(c)(6) Commissioner Dettloff made a motion, seconded by Commissioner Sneddon to change the wording to read: "to renewable energy projects that do not negatively impact recreational opportunities." The motioned carried 13-1-1 (Shaw No, Silver abstained.) Under draft Charter Section 614 the words "by ordinance" should follow`amount set." No changes were made on draft Charter Section 615 and 616. Under draft Charter Section 617(b) a motion was made by Commissioner Shaw and seconded by Commissioner Stuart to accept the additional language in the first paragraph of 617(b) and the additional 2"d paragraph without the additional third paragraph. A substitute motion was made by Commissioner Brenden, seconded by Commissioner Sneddon to accept only the additional language in the first paragraph of draft Charter Section 617(b)without the accepting the addition of the new second and third,paragraphs of draft Charter Section 617(b). The substitute motion carried 11-4 (Sullivan, Kutscher, Stuart, Silver No) Under draft Charter Section 617(c) Commissioner Brenden made a motion, seconded by Commissioner Whiteside to amend the language to read: The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board with the sole responsibility to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and present a report of its finding to the City Council at a noticed public hearing prior to the adoption of the following fiscal-year budget. The motion carried15-0. No changes were made to draft Charter Section 700-803 Under`the new draft Charter Section 804, Commissioner Brenden made a motion, seconded by Commissioner Dettloff to amend the wording to read as follows: The City Council shall convene a citizens Charter Review Commission to review the City Charter no less frequently than every ten years. The motion carried 15-0. Commissioner Dettloff asked the Commission to consider adding a new duty under the City Attorney in draft Charter Section 310 to read as follows: Provide advice related to compliance with the City Charter to all elected and appointed officials of the city. A motion was made by Commissioner Brenden, seconded by Commissioner Dettloff, to add this duty to the City Attorney's powers and duties. The motion carried 15-0. ` 1. Discuss and take action on the wording for a preamble to the Cif Charter- Sonenshein No action was taken. Commissioners are to submit their recommendations for a preamble. 11. Discuss and take action on Non-Charter Recommendations to the City Council. Charter Review Commission March 16,2010 4 A motion was made by Commissioner Silver, seconded by Commissioner Sullivan to forward the following non-charter recommendations to the city Council related to Charter Section 612 (Measure C): There be a process to verify the cost of improvements covered under Measure C by: • the Public Works Dept. retaining an as-needed professional estimating consultant • Requiring project applicants to submit their construction cost estimates to Public Works for review and pay an associated fee • The city developing a procedure for an independent cost estimate to determine if a public or private project would require a Measure C vote • The city developing a process for notifying the public whenever there is a city-owned or city- operated park or beach development project with a cost of over$10,000 and less than $161,000 (not requiring a Measure C vote). • Utilizing a notification process similar to that currently used by the Community Services and Planning Departments (mail public notice to property owners w/in 300'of site and public notice in newspaper. III. Commissioner's Requests: Questions; comments, or suggestions for discussion at a subsequent meeting of the Commission IX. Adjournment: Commission to determine whether to schedule an additional meeting date. The Commission adjourned to 6 PM on March 25, location to be determined. Attachments: 1, Minutes from the March 2 Commission Meeting 2. Earlier Memos from the City Treasurer and City Clerk regarding qualifications for their office. . Updated Legislative Draft of Proposed,Charter Amendments 4. Examples of other city's charter preambles 5. List of Cron-Charter Recommendation to the City Council 6. Memo from Joan Flynn, City Clerk, regarding the calendar and cost for the November ballot E I r I E ACTION MINMES Tuesday.,March 2 2010, 6:00 PM 1. Roll Call: Jerry Barrie, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Shane Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside All present except Sneddon. 11. 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 writin-g. Each Commission Member will receive a copy of all the submitted comments • Mary Urashima spoke in support of language,to assure that 15% of the General Fund will be spent on infrastructure. • Blair Farley spoke to the Commission about their recommendations in general. Ill. Approval of the Commission minutes from February 18 meeting. Commissioner Bixby Corrected the minutes from 2/18 noting that Commissioner Dettloff had abstained on the vote on Section 703: Commissioner Dettloff concurred. A motion was made by Commission Stuart and seconded by Commissioner Whiteside to approve the minutes as amended. The motion carried 14-0-1 IV. Charter Section 617,—Infrastructure Public Works Commission;"Chair, Michael Sierserna, spoke in favor of adding language to the Charter Section 617 as follows: (c)The City Council,shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures and report its findings to the City Council prior to adoption of the following fiscal-yearbudget. He also asked that the Commission recommend to the Council that they add this new Charter language"and infrastructure expenditures"to Municipal Code Section 2.111.030 (i) and add a new subsection (ii)as follows: (ii) conducta semi-annual review and performance audit of compliance with Section 617 Infrastructure Fund(b)of the City Charterand,report its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. • Review of the City Attorney's legal opinion on the use of the 15% Infrastructure set aside. • Discussion on potential amendments A motion was made by Commissioner Shaw with a second by Commissioner Kutscher to amend Charter Section 617(b) to add language exclude debt service from the 15% Infrastructure Fund. After some discussion the motion was amended to the following: Amend Charter Section 617(b) by adding language to exclude debt service from the 15% Infrastructure Fund phasing it out over four years beginning with the 201112012 budget and by reducing the portion of the infrastructure fund going to debt service by 25% of the base year(2011) each year with 0%of the * 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. Charter Review Minutes-02/18/10 Page 2 Infrastructure Fund going to debt service by the 2015116 budget. The motion carried 8-6-1 (Sullivan, Bixby, Dettloff, Shaw, Johnson, and Brenden-NO) A motion was made by Commissioner Dettloff and second by Commissioner Bixby to forward to the City Council a recommendation that the language requested by the Public Works Commission be added to Section2.111.030 of the Municipal Code as follows: MC 2.111.030 (i) conduct an annual review and performance audit of the Infrastructure Fund and infrastructure expenditures, and report its finding to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. (ii) "conduct a semi-annual review and performance audit of compliance with Section 517(b) - infrastructure Fund of the City Charter and report its findings to,:the City Council prior to the City Council's adoption of the ensuing fiscal year budget The motion carried 14-0-1 V. Charter Section 612 - • Staff Presentation and request on a proposed additional amendment to Charter Section 612 (c) to state that Section 612 (a) and 612 (b) shall not apply: "to renewable energy projects that do not impact open space."-Aaron Klemm A motion was made by Commissioner Whiteside, seconded by Commissioner Stuart to include an exemption under Charter Section 612(c) as follows: Section 612(a) and 612(b) shall not apply to renewable energy projects that do not impact open space. The motion carried 7-6-2(Harlow, Shaw, Harnett, Bame, Brenden, Kutscher-A(Q;Silver abstained) = Recommendation by Commissioner Bixby to amend Huntington Beach Charter Section 612 to add new public vote trigger to the list in section 612(a)when entering into any form of agreement which results in reduced public recreational opportunities. A motion was made by Commissioner Bixby to add the above to Charter Section 612(a) and seconded by Commissioner Shaw.- The motion failed 2-10-2(Bixby, Shaw Ayes; Sullivan abstained) Vl. Review of the City Charter as a whole with legislative draft notation of changes recommended thus far by;a straw vote of the Charter Review Commission-McGrath - Sonenshein Under Charter Section 300, Commissioner Sullivan made a motion, seconded by Commissioner Bixby to leave the structure as is, without directly electing the Mayor. Following discussion the motion carried 8-6-1 (Dettloff, Johnson, Hartnett, Bame, Stuart, Kutscher-NO) Under Charter Section 306 Commissioner Sullivan made a motion, seconded by Commissioner Dettloff, to amend new Charter Section 306(b)3 as follows: Any City Council Member who has served as Mayor within the last 4,-,-,�five years will not be eligible for election as Mayor Pro Tempore. The motion carried 14-0-1 Under Charter Section 309 -Following some discussion about the added qualifications Commissioner Bauer made a motion, seconded by Commissioner Dettloff, to leave the amendments as submitted in the draft. His motion was failed 2-12-1 (Bauer, Dettloff-Ayes). Charter Review Minutes-02/18/10 Page 2 Following further discussion a motion was made by Commissioner Brenden; seconded by Commissioner Shaw to remove the following language from the end of the first paragraph in Section 309: And have at least three years administrative level experience coordinating and supervising the daily operations of an office. The motion carried 10-4-1 (Dettloff, Kutscher, Stuart, & Bauer-NO) Commissioner Stuart made a motion; seconded by Commissioner Sullivan to amend the wording in Charter Section 309(j) as follows: Assist and cooperate with the City Manager in administering the affairs of the city in the most efficient, fiscally responsible, and harmonious manner consistent with the duties as prescribed by law, the City Charter, and by ordinance. The motion carried 14-0-1 (Sections 3106f) and 310(o are to be amended to the same wording in 309(j) (above).] Under Charter Section 310 a motion was made by Commissioner Bauer to accept the language as submitted in the draft. The motion failed due to lack of a second. Commissioner Bame made a motion;seconded by Commission Brenden to amend the draft language to remove the following language from the end of the first paragraph: at least three years administrative level experience coordinating and supervision the daily operations of an office, The motion carried 11-3- 1 (Bauer, Stuart, Dettloff- NO) (Note: Commissioner Bixby noted a language update changing the word "Books"to the word "Records"in Section 310 a, b, & d.) Under Charter Section 311 Commissioner Silver made a motion;seconded by Commissioner .Brenden for the Chair and Vice Chair to meet with the City Treasurer to discuss the qualification for the City Treasurer. A substitute motion ryas made by Commissioner Stuart;seconded by Commissioner Bauer for the Chair and Vice Chair_to meet with.all three elected department heads to discuss qualifications for their respective`office. The motion failed, 3-11-1(Stuart, Kutscher& Bauer- Aye) The original motion above carried 14-0-1. Adjourn to the next regular meeting scheduled for Tuesday Mar 16 at 6 PM in City Hall Room, B 8 Attachments: 1. Minutes from the February 18 meeting 2. Staff report on the proposed new exemption to Charter Section 612 3. Commissioner Bixby's Recommendation for an amendment to Charter Section 612 4. Memo from the Public Works Commission dated 2/25/10 with recommendations for amending Charter Section 617. 5. Material on prevailing wage from Commissioner Silver. k�_o ACTION MINUTES Thursday., Feb. 18 2010, 6:00 PM 1, Roll Call: Jerry Bame, Ralph Bauer, Dark Bixby, Patrick Brenden. Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Sharie Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside All present except Brenden, Johnson, Kutscher—Sullivan arrived after taking of the roll. 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 writ, Each Commission Member will receive a copy of all the submitted comments. Doug Mangione thank the Commission for considering the request to include a prevailing wage provision in the Charter. He asked that the Commission reconsider their decision as they make their final recommendations. III, Approval of the Commission minutes from February 2 meeting. On motion from Bixby, second by Dettloff the minutes were approved as submitted 12-0-3 IV. Charter Section 302—Compensation The Commission has not made a final determination on amending the Council Compensation section of the Charter. Additional information was requested. After a brief discussion, on a motion by Commissioner Sneddon seconded by Commissioner Dettloff, the Commission voted to keep Charter Section 302 as is. 12-0-3 V. Charter Section 313--Conflict of Interest A Commissioner request had been made and never resolved on adding language to prohibit elected officials from participating in labor negotiations. Commissioner Dettloff commented that the question of elected department heads taking part in labor negations had been discussed previously, but that the question had not been resolved. The concern she and others expressed was the potential conflict in the fact that the elected department heads receive campaign contributions from labor unions. Following a lengthy discussion and several suggestions, Commissioner Silver made a motion, seconded by Commission Sneddon to add to either Section 313, 307 (Non-Interference) or separately to sections 309, 310, & 311 the following provision: Elected Department Heads shall not directly participate as a member of the city's labor negotiating team. The motion carried 8-4-3 (Stuart, Harnett, Bixby. & Shaw—NO) VI. Staff Presentation on Charter Section 612— Measure C VI1. Charter Section 612 -The Commission has requested that staff return for the following on Measure C * 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. Charter Review Agenda—02/18/10 Page 2 • Optional language.for including the City Council action taken on July 11, 1994 (currently at the end of the Charter index) into Section 612 of the Charter A motion was made by Commissioner Bauer, seconded by Commissioner Dettloff to add language to Section 612 of the Charter indicating when a Measure C vote should occur in the process as follows: A Measure C vote is required after the appropriate environmental assessment has been completed. A substitute motion was made by Commissioner Sullivan, seconded by Commissioner Shaw to add to take a Measure C.vote after the appropriate environmental assessment has been completed and that the a professionally prepared conceptional estimate of the cost for the project and a description of the project be completed prior to placing it on the ballot. The substitute motion carried 11-1-3 (Bixby— NO) • Optional language for exempting from a Measure C vote repair, replacement, and/or maintenance of sewer, water, water quality, and storm drain facilities • Optional language and a rationale for exempting from a Measure C vote underground city structures Motion by Commissioner Bauer, second by Commissioner Silver to add the following exemptions to Charter Section 612 (c): • to above ground city [public works] utility structures under 3,000 square feet, and • to city[public works] underground structures if park or beach use is not impeded; and • to any city[public works] construction, maintenance or repair mandated by state or federal law The motion carried 9-3-3 (Sullivan, Shaw, & Bixby—NO) • Recommendations for an appropriate monetary minimum for a Measure C vote with options for indexing that amount A motion was made by Commissioner Bauer, seconded by Commissioner Dettloff to amend Section 612 (b) of the Charter to change the amount that triggers a Measure C vote from $100,000 to $161,000. The motion carried 10-2-3 (Shaw, Bixby—NO) Commissioner Stuart made a motion, seconded by Commissioner Sullivan to add language to the Charter indexing the trigger for a Measure C to the Consumer Price Index. Wording for a Commission recommendation to the City Council for requiring notification of residents in the surrounding area when a project below the Measure C threshold is planned for a city park or beach. A motion was made by Commissioner Shaw, second by Commissioner Dettloff that a non- Charter recommendation be forwarded to the City Council as follows: The city adopt: • A procedure for an independent cost estimate to determine if a public or private project would require a Measure C vote Charter Review Agenda-02/18/10 Page 2 ® A Public Notification processes for every city-owned or city-operated park or beach development project not requiring a Measure C vote, and with a cost of$10,000 to $161,000. ® A notification process similar to that currently used by Community Services and Planning Departments (mail public notice to property owners w/in 300' of site and public notice in newspaper) The motion carried 12-0-3. A motion was made by Commissioner Shaw, seconded by Commissioner Bixby that a non- Charter recommendation be forwarded to the City Council as follows: There be a process to verify the cost of improvements covered under Measure C by: • The Public Works Dept. retaining an as-needed professional estimating consultant • Requiring project applicants to submit their construction cost estimates to Public Works for review and pay an associated fee The motion carried 12-0-3. A motion was made by Commissioner Bauer, seconded by Commissioner Dettloff provide an exemption to a Measure C vote for recreation amenity that replaces existing recreation amenity provided it say within the same square footage and as long as it is consistent with the existing use and does not change a passive use to an active use. The motion carried 12-0-3. Commissioner Bixby to bring back his recommendation on Charter Section 612 at the next meeting. Vlll. Charter Section 614-Contracts-The City Attorney is to provide feedback on potential issues with requiring a local preference on city contracts. The City Attorney reported that a local preference would not be permissible based on current case law. No action was taken. IX. Charter Section 703-The Commission has requested that staff return with optional language for changing the number of signatures required to place a citizen initiative on the ballot Commissioner Shaw made a motion, seconded by Commissioner Bixby to approve an amendment to Charter Section 703 to change the number of signatures to place an initiative on the ballot to require the number of signatures be set by using the average number of ballots case in the two preceding general municipal elections (one presidential and one non- presidential). The motion failed 3-9-3 (Bixby, Shaw, & Dettloff-NO) X. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission X1. Adjourn to the next regular meeting scheduled for Tuesday Mar 2 at 6 PM in City Hall Room, B 8 CW ACTOON MINUTES Tuesday., Feb. 2 2010, 6:00 PM 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, Sharie Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside All present except Bame and Stuart. Brenden, Johnson, and Sullivan arrived after calling of. the roll. 11. 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. i Each Commission Member will receive a copy of all the submitted comments. Jim Adams requested that the Commission add language to the Charter requiring the use of the prevailing wage on construction projects. Ill. Approval of the Commission minutes from January 5 and January 21. Commissioner Whiteside offered a correction to the Minutes from Jan. 5. A motion by Commissioner Sullivan was corrected to read: Commissioner Sullivan made a motion to place before the voters repealing this section [Section 607(b) 2] of the City Charter. The motion was seconded by Commissioner Silver. Following a presentation by Commissioner Silver, the motion was amended to add that it should not take effect until July of 2012. The motion carried 10-4-1 (Bixby, Shaw, Johnson, & Dettloff No) The minutes for Jan. 5 were approved as amended, the minutes for Jan. 21 were approved as submitted. (13-0-2) IV. Staff Presentation on Charter Sections 614 Contracts— Public Works and Section 617 Infrastructure Funds Public Works Director, Travis Hopkins, requested that the Commission consider amending the Section 614 of the Charter to increase the threshold for requiring a bid process on public works contracts. V. Discussion and possible action on City Charter Section: 0 613 — Execution of Contracts 0 614— Contracts on Public Works including a. Increasing or Eliminating threshold for triggering a bid process & possibly indexing that amount Following some discussion, a motion was made by Commissioner Shaw and seconded by Commissioner Bauer to change the charter to allow the threshold for requiring a bid process on Public Works contracts to be set by ordinance. The motion carried 13-0-2 * 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. Charter Review Commission Action Minutes —02-02-2010 Page 2 b. The addition of the financial viability of the bidders c. Discussion on a request to add a prevailing wage requirement Q 617— Infrastructure Fund including discussion on: a. The requirement that expenditures for infrastructure improvements and maintenance not be less than 15% of the general fund revenues Public Works Commission Chair, John McGovern, made a presentation on the 15% infrastructure set aside. The Public Works Commission is concerned about the way the city calculates the 15% and those items that are currently included in the 15%. Following substantial discussion action on this section was postponed until the Feb. 18 meeting so that the City Attorney could provide a opinion on whether the city is currently in compliance with this section of the Charter. Commissioner Shaw made a motion to add to the Charter the following language: The provisions of California Labor Code Section 1779 et seq. regarding prevailing wages on public works and related regulations, as now existing and a may be amended, are accepted and made applicable to the City, its departments, boards, officer, agents and employees. The motion was seconded by Commissioner Dettloff. Follow substantial discussion, the motion failed 4-9-2 (Bixby, Dettloff, Shaw, Hartnett-Yes) Commissioner Bauer asked that a requirement be added to Section 613 of the Charter for checking the financial viability of the selected bidder before issuing a public works contract. Staff described the current process required for determining financial viability bidder. No motion was made. Commissioner Bixby made a motion to modify Section 614 to allow a local preference when consider bids on Public Works contracts. The motion was seconded by Commissioner Shaw. Following some discussion the motion was amended to ask the City Attorney to provide an opinion on whether current law allows a local preference and how that would be integrated with the current requirement that the bid go to the lowest responsible bidder. The motion carried 10-3-2(Silver, Bauer, Dettloff— No) Commissioner Bixby made a motion to add a language to the Charter to create greater public oversight over city contracts by requiring contract of a duration of 10 years to be approved by ordinance subject to a referendum and requiring contracts greater than twenty-five years to be approved by a majority of the electors of the city. Staff reported that contracts with the city were seldom over three years in duration, and the only contracts that would surpass the twenty-five year threshold would be franchise agreement. Commissioner Bixby withdrew his motion. b. Citizen Infrastructure Advisory Board No action taken. VI. Discussion and possible action on the Charter Review Commission Timeline/Schedule — Dapkus Included in the agenda packet was an updated schedule. The next meeting will be used to reconsider items deferred for further staff input. March 2 the Commission will be considering legislative drafts of the amended sections of the Charter. The goal is to take a final vote on the amended Charter as a whole at the Commission's first meeting in April. * 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. Charter Review Commission Action Minutes —02-02-2010 Page 3 VII. Distribution and possible discussion on legislative drafts of some of the Charter Sections on which the Commission has taken straw votes— McGrath City Attorney McGrath explained what the material covered. No action was taken on this item. Vlll. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission ® Request by Commission Chair Harlow to reconsider the straw vote taken on Charter Section 607(b) 2 - Retirement Tax A motion was made by Commissioner Harlow and seconded by Commissioner Johnson for the Commission to reconsider the action they took on Charter Section 607(b)2— Retirement Tax. Commissioner Harlow express his concerned that staff had not had an adequate opportunity to respond to the issues raised at the Jan. 5 meeting. A presentation on the potential impact of eliminating this section was made by the City's Finance Director, Bob Wingenroth. Facilitator Sonenshein expressed his concerns that the action taken. The motion to reconsider carried 9-4-2 (Brenden, Whiteside, Silver, Sullivan — No) A second motion was made by Commissioner Harlow, seconded by Commissioner Johnson to leave Charter Section 607(b)2 in the Charter. The motion carried 8-5-2 (Brenden, Whiteside, Kutscher, Silver, Sullivan — No) IX. Adjourn to the next regular meeting scheduled for THURSDAY, Feb. 18 at 6 PM in City Hall Room, B 8 1. Memo from City Attorney McGrath & Legislative Drafts of Charter Section 308,606, 607,608, 610, & 611 2. Information from Commissioner Bixby on amendments to City Charter on contracting and on the prevailing wage 3. PLEASE also refer to information from the Jan. 21 meeting regarding prevailing wage available on the city's website under at: * 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. b CMINUTES Thurs., Jan. 21 2010, 6:00 P I. Roll Call: Jerry Bame, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher,Joe Shaw, Ray Silver, Shade Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside 11. 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. PUBLIC COMMENTS WERE RECEIVED AS FOLLOWS: • Daniel Lozano—Support for adding prevailing wage. • Connie Boardman-Support for adding prevailing wage and a request for the Commission to reconsider its straw vote on the retirement property tax. • Karen Jackie— Opposed to adding prevailing wage • Bruce Lecair—Support for adding prevailing wage • Bob Douglas-Support for adding prevailing wage • John Carter- Support for adding prevailing wage • Jim Moreno-Support for adding prevailing wage • Derek Spalding-Support for adding prevailing wage • Robert Felix-Support for adding prevailing wage • Peter Nicholas- Support for adding prevailing wage • Bob Kass-Support for adding prevailing wage • Ken Hurd-Support for adding prevailing wage • Kevin Hehl-Support for adding prevailing wage • Bret Baker- Support for adding prevailing wage • Nicholas Nicioli-Support for adding prevailing wage • Teferi Gebre- Support for adding prevailing wage • Robert Livingston- Support for adding prevailing wage • Hart Keeble- Support for adding prevailing wage • Vincent Parker-Support for adding prevailing wage • Rodney Larson-Support for adding prevailing wage • Anthony Burrowes- Support for adding prevailing wage • Jared Shoete- Support for adding prevailing wage • Chris Meyer-Support for adding prevailing wage • Rhett Smallwood-Support for adding prevailing wage • Rob Bryant-Support for adding prevailing wage • Richard Slawson- Support for adding prevailing wage * 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. • David Ball- Support for adding prevailing wage • Doug Manione-Support for adding prevailing wage • Jim Adams— Support for adding prevailing wage III. This meeting has been scheduled to take public testimony on a proposal to add a Section to the City Charter on the use of the prevailing wage. Commission discussion on this item will take place at their next meeting on Tuesday, February 2. IV. Discussion and possible action on the Charter Review Commission Timeline/Schedule Discussion on the Commission's schedule was postponed to the Feb. 2 meeting. V. Adjourn to the next regular meeting scheduled for Tuesday, Feb. 2 at 6 PIS in City Hall Room B-8. Attachments: 1. City staff memo on prevailing wage requirement 2. Information from Jim Adams on behalf of the LAIOC building & Construction Trades Council: a. A copy of his original letter containing language to be included in the Charter b. A document supporting prevailing wage: Prevailing Wage Laws are Good for America c. The results of eleven studies of the: Effects of Prevailing Wage Laws. d. A booklet on Construction Apprenticeship Programs Career Training for the California Recovery. e. A booklet on Prevailing Wage and Government Contracting Costs. f. A California Building Trades bulletin with respect to the Supreme Court grants review of Building Trades Petition on whether Charter Cities can exempt contractors on their projects from State Law requiring contractors on Public Works Projects to pay a prevailing wage. 3. Updated Charter Review Timeline * 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. ter. AC7nON MINUTES Tues., Jain. 05, 2010, 6:00 Pik I. Roll Call: Jerry Bame, Ralph Bauer, Mark Bixby, Patrick Brenden, Shirley Dettloff, Dick Harlow, Gregory Hartnett, Marijo Johnson, Gary Kutscher, Joe Shaw, Ray Silver, Shade Sneddon, Tim Stuart, Dave Sullivan, Shane Whiteside All present except Stuart 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. - - - - - - - - - - - - - - - - -- - - - - - - - - -_- - - Public Comments were received as follows: • David Rice spoke in favor of adding a provision to the City Charter requiring a vote of the public on major General Plan amendments. III. Approval of Minutes from the December 15 Commission meetings. Motion Dettloff, second Kutscher to approve the minutes from the Dec. 15 meeting as submitted. IV. Discussion on a request to add language regarding General Plan amendment to the Charter similar to that in Newport Beach Municipal Code 423—Traffic Density. Following discussion on the above request Commissioner Dettloff made a motion that major General Plan amendments should not be addressed in the City Charter. Her motion was seconded by Commission Bauer. She added that they are currently address through City Council policy, and they should continue to be addressed in that manner. Following further discussion, it was recommended that the recommendation from Rice be forwarded to the City Council as a policy consideration. The motion carried 11-3-1 (Bixby, Shaw, & Sullivan No) V. Discussion as requested on Section 607(b) 2- Retirement Tax At the Chair's request, the City Administrator provided information on the retirement tax. The retirement property will provide about$4 million this year to the city. It's cost is about $75 on a house evaluated at$500,000. if the revenue from the tax is lost, the city will continue to have its retirement obligation. Commissioner Sullivan made a motion to place before the voters repealing this section of the City Charter. The motion was seconded by Commissioner Silver. Following a presentation by Commissioner Silver, the motion was amended to add that it should not take effect until July of 2012. The motion carried 10-4-1 (Bixby, Shaw, Johnson, & Dettloff No) VI. Under Article VII of the Charter-Campaign Finance Commissioner Bixby had three recommendations for Campaign Reform: • Add new charter section to provide safe harbor for prompt refund of improper campaign contributions * 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. ® Add new charter section to regulate surplus campaign funds ® Add new charter section to require electronic filing &Internet publication of Statements of Economic Interests and campaign finance disclosures from elected city officials Commissioner Bauer offered a motion not to include them in the Charter. The motion was seconded by Commissioner Sneddon. The motion carried 12-2-1 (Bixby& Shaw No) Commissioner Bauer made a motion to approve Commissioner Bixby's recommendation to include in the City Charter a requirement that the city council to determine at least once every 10 years whether charter review is warranted. The motion was seconded by Commissioner Sneddon. The motion carried 12-2-1 (Silver& Sullivan No) Commissioner Bixby's recommendations included a prohibition of the use of eminent domain to transfer property from one private ownewr to another. After some discussion about current city law and practices, a motion was made by Commissioner Silver, seconded by Commissioner Bauer not to recommend this be added to the City Charter. The motion carried 9-5-1 (Hartnett, Bixby, Shaw, Brenden, & Sullivan No). Commissioner Bixby's recommendations also included a Charter amendment to require that the use of the City's transient occupancy tax(TOT) to encourage neighborhood improvement districts by funding neighborhood capital improvements selected by residents appointed to a Neighborhood Improvement Program Committee. Following discussion about the current use of the TOT to encourage tourism a motion not to include this in the City Charter was made by Commissioner Silver and seconded by Commissioner Dettloff. The motion carried 13-1-1 (Bixby No). There was also a recommendation by Commissioner Bixby to add to the City Charter a requirement that park in-lieu fees to be spent on parkland development whenever the per- capita park acreage ratio is below the requirement specified in the General Plan. Following discussion about current city practice and the General Plan requirements, Commissioner Bauer made a motion not to include this requirement in the City Charter. The motion was seconded by Commissioner Dettloff. The motion carried 12-2-1 (Shaw& Bixby No). Commissioner Bixby recommended that the Commission consider adding city tideland to the requirements in Section 612(Measure C) of the Charter. Commissioner Shaw made a motion to add city owned tidelands to this section of the Charter. City Attorney McGrath noted that the city could only identify as city owned tidelands a small area adjacent to the Huntington Beach Yacht Club. Commissioner Shaw withdrew his motion. Commissioner Bauer made a motion not to add city owned tidelands to this section of the Charter. The motion was seconded by Commissioner Sneddon and carried 13-1-1 (Bixby No). VII. Commissioner Requests: Questions, comments, or suggestions for discussion at a subsequent meeting of the Commission Recommendations from Commissioner Mark Bixby Commissioner Shaw requested that the Commission receive the staff report on prevailing wage prior to the public meeting scheduled for Jan. 21. Commissioner Bame expressed a concern about forwarding recommendations other than those related to the Charter to the City Council. He noted that the Commission's mandate was to provide recommendations for amending the Charter. * 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. After some discussion, it was agreed that recommendations other than charter amendments would be offered as a separate list which would be reviewed and approved by the Commission. Vill. Adjourn to the next regular meeting scheduled for Thursday, Jan 21 at 6 PM in City Hall Room B 8. Attachments: 1. Letter from Karen Jackie, President of Huntington Beach Tomorrow 2. Memo from city staff on the city's General Plan Process 3. Memo from city staff on the retirement property tax. 4. Newport Beach Municipal Code 423 5. H.B. Municipal Codes Section 2.07—Campaign Reform 6. Summary Report on recent amendments on Municipal Code. 2.07 7. Sonenshein Memo dated Oct. 31 on Campaign Finance 8. Matrix of other cities campaign finance law. 9. Recommendations from Commissioner Bixby on Article VII of the City Charter 10. Recommendations from Commissioner Bixby on additions to the City Charter 11. Letter dated 09-14-09 from Ed Kerins regarding Section 607(b)2 of the Charter 12. Information from David Rice on his request regarding the General Plan 13. Minutes from the December 15 Meeting * 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.