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HomeMy WebLinkAbout00 - Public Comments�ivhllc Should You be Concerned about Measure V? Background By the City's own count, since adoption of the Charter in 1954. a total of 54 proposals for its amendment have been presented to voters at a total 20 different elections. In each o1' those cases, individual issues were presented to the electorate as separate votes. When the Council does this, voters embrace some "retbrms" and reject others. On average 1 in 5 of the proposals that go to the voters are rejected. • In 2010, for the first time, the Newport Beach City Council has bundled 15 separate and unrelated proposals — three of which were previously rejected by voters and others of which would be complex and controversial if presented separately -- into a single YES -NO vote. • The number of bundled issues is so large that no clear explanation of the 50 pages of changes that are being voted upon is possible in the 500 word "analysis" allowed to the City Attorney on the sample ballot. Previously rejected proposals Leaving Chamber of Commerce funding to the discretion of the Council was a rejected alternative in 1955 o Deleting the present dollar limit was proposed by Update Commission members who are officers of the Chamber and 4 of the 5 Commission members recommending the issue to the voters were Chamber members Selling waterfront property by majority vote without creating a specific exception to the prohibition against such sales in the Charter was rejected by a nearly 2:1 vote in1974 Increasing the time limit on City contracts from 25 to 55 years was soundly defeated in 1974. We arc now being asked to remove the time limit entirely. Is the Remainder Just "Housekeeping "? The centerpiece issue of "closing Proposition 13 loopholes" is considerably more complex than can be guessed from the ballot description o One of the main "loophole" fixes removes the Council's authority to impose taxes which may be necessary to fund employee pensions c The Charier update Commission itself decided at its February 16 "t' meeting that this provision should be left intact because it was an obligation previous voters had committed the City to honor and was properly "grandfathered" in under Proposition 13 -- yet individual Commission members unexpectedly reversed themselves, with little opportunity for public input, on the night the Council formulated the ballot language. The proposal to "simplify franchise processes" effectively nullifies the existing Charter protections requiring public notice and hearings before the Council can let exclusive contracts for such things as trash hauling, cable TV service or tree trimming. The "simplification'' adds language that leaves the Council free to establish whatever alternative procedures they desire The current threshold of $30.000 for submitting contracts to competitive bidding is not as antiquated as proponents — who initially announced Measure V as the first Charter overhaul in 50 vears -- might imply. The current level was in fact narrowly approved by voters in 1986. The new proposed increase to $120,000 is far more than the amount of inflation since 1986. The proposal to "amend Civil Service System" completely scraps the current voter - approved ordinance, leaving only the Civil Service Board as a body to hear employee complaints. During Update Commission meetings, members were repeatedly told that a replacement Civil Service ordinance would be acted upon in time for voters to be able to compare it to the one they are being asked to repeal, yet none has appeared. Voters have a right to understand what they are being asked to vote upon, and to vote for or against individual "reforms' as they have done in past years. This is not possible when 15 separate and distinct proposals are rolled into a single YES -NO vote. Vote NO on Measure V. References Statistics are from Charter update Commissions History document at: 1 •'v: o:'r;. .y >:`.. ".::Cn 'G.:d.q :`�:_ .-, r.i '�C JJ ^'.ltl'.F 7 ,H The Update Commission's meetings are archived at: The 15 individual issues can be found identified and numbered in the City Attorney's Impartial Analysis (also contains link to the 50 pare full text of'Measure V): " Any questions please contact: Mark Tabbert 949 355 6073 Mark (a)markfornewport.com of Charter Update Commission / Chamber of Commerce / Chamber Political Action Committee Charter Update Commission - 1 - Paul Watkins 2 - Richard Luehrs 3 - Rush Hill 4 - Dennis O'Neil 5 - Marion Bergeson 6 Karen Rhyne 7 - Larry Tucker 8 - Councilman Curry / Henn Chamber of Commerce Directors - 1 - Paul Watkins 2 - Richard Luehrs 3 - Jim Walker 4 - Paul Cahill 5 - Reniero Francisco 6 - LaurelZaeske 7 - Chamber "Area Directors" 9 1 Paul Watkins 9 2 Rush Hill 10 3 Jim Walker 11 4 Seymor Beek 5 Kim Van Natta 6 Chandler Bell 7 Casey Griffin Chamber of Commerce BACPAC (Political Action Committee) 1 - Paul Watkins 2 - Dennis O'Neil 3 - Richard Luehrs 4 - Roger Alford 5 - Bill Ring 6 - Rudy Baron 7 - Carol McDermott 9 - Don Atkinson 9 - Philip Bettencourt 10 - Lula Halfacre 11 - Bill Lusk Campaign Mgr per Rush Hill Chamber of Commerce - Citizen of Year Chair Chamber Commerce Award Winner - Citizen of Year Chairman Pres & CEO Secretary Vice Chair CFO Past Chair Chamber of Commerce - Citizen of Year Rush Hill Endorser Campaign Mgr per Rush Hill Chamber of Commerce - Citizen of Year Vice Chair Voted on Charter Change 2 -16-10 Campaign rreasurer for Rush Hill Chairman Chamber of Commerce - Citizen of Year Sec/Treas (71 Chamber of Commerce - Citizen of Year Chamber of Commerce - Citizen of Year }y E1CH � February 2, 2010 Marian Bergeson, Chair Charter Update Commission c/o City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Charter Update Commission Dear Honorable Chair Bergeson: I am the current Chair of the Newport Beach Chamber of Commerce. AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL ADORESS: pau�lAwle,eM.OaN flttPalwww IawldaM.COT Fik No. Adrtinimatoon Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.0 10) (which was adopted almost 55 year; ago) reads as follows: "3.24.010 Appropriation of Funds to Chamber of Commerce. The funds which the City Council may in its discretion appropriate to the local Chamber of Commerce for promotion, publicity, advertising, and entertainment purposes for the benefit of the City shall be limited to the sum of two thousand four hundred dollars ($2,400.00) annually. (Initiative Ord. 743; adopted by a vole of the people on March 15, 1955)" It is my understanding that the City now provides financial support and sponsorship to a number of civic - spirited events/organizations, such as: (1) The Toshiba ($50,000); (2) Restaurant Week ($160,000); (3) the Newport/Ensenada Race ($50,000); WATKINS, BLAKELY & P. ARNSEN BLAKELY' TORGERSON, LLP JOSEPH MANCINI NOEL K. TORGERSON' PAUL K. WATKINS' SUITE 810 535 ANTON BOULEVARD .a WOEESWNAL COA1p1 AMA COSTA MESA, CALIFORNIA 92626 -7047 TELEPHONE (714) 556 -0800 FACSDYnE (714) 641.4012 February 2, 2010 Marian Bergeson, Chair Charter Update Commission c/o City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Charter Update Commission Dear Honorable Chair Bergeson: I am the current Chair of the Newport Beach Chamber of Commerce. AUTHOR'S EXTENSION 2108 AUTHOR'S E MAIL ADORESS: pau�lAwle,eM.OaN flttPalwww IawldaM.COT Fik No. Adrtinimatoon Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.0 10) (which was adopted almost 55 year; ago) reads as follows: "3.24.010 Appropriation of Funds to Chamber of Commerce. The funds which the City Council may in its discretion appropriate to the local Chamber of Commerce for promotion, publicity, advertising, and entertainment purposes for the benefit of the City shall be limited to the sum of two thousand four hundred dollars ($2,400.00) annually. (Initiative Ord. 743; adopted by a vole of the people on March 15, 1955)" It is my understanding that the City now provides financial support and sponsorship to a number of civic - spirited events/organizations, such as: (1) The Toshiba ($50,000); (2) Restaurant Week ($160,000); (3) the Newport/Ensenada Race ($50,000); Ms. Marian Bergeson. Chair Charter Update Commission February 1, 1010 Page -i- (4) the Film Festival ($50,000); and (5) the OC Marathon ($100,000). The Chamber is not requesting funds at present, but believes that - in light of the benefits and favorable publicity the City receives from such events as the Boat Parade, Police Appreciation Breakfast, Mentor for a Day Program, Athletic Awards Breakfast, Scholarship Awards Breakfast, Flight of the Lasers Boat Race, Ensign Intermediate School Character Counts Awards, Citizen of the Year Gala, Fire and Marine Appreciation Beach Party, Sandcastle Contest, the Taste of Newport and other civic- spiritedChamber- sponsored events — the Chamber should not be any less eligible to apply for City support than the other eventsturganizations listed above. Accordingly, the Chamber respectfiilly requests that the Charter Update Commission consider the repeal of Charter Amendment 743 (Newport Beach Municipal Code Section 3.24.010) and the addition of a Charter provision along the following lines: "Not- for -profit community organizations shall be permitted to apply for City financial support and sponsorship of particular events presented by such organizations where such events promote, publicize, enhance the image and reputation of, and otherwise benefit the City." Thank you for considering this request. Sincerely, 4� Paul K. Watkins Chair, Newport Beach Chamber of Commerce PKW:jbag N: tPKPVKW PmmmR*wpon Beach Oty ofdo Bergeson 020710 NBCC OFaner UpdWdoc Recipient Committee Campaign Statement Cover Page (C;nverrmert Cone Sections 94100-84216 5) SEE INSTRUCTIONS ON REVERSE Type, or prim in Ink. Dols aura "Off�l RECEIVED Statement covers period Date of election If applicable: from JenUBry 1, 2010 (Montn. Day, Veaq 9 1111 I Z r14 g: U through June 30. 2010 1. Type of Recipient Committee: AN Comrrirtt. - Compete Paris 1, Z a, and 4. Officeholder, Candidate Controlled Committee ❑ Pnmanly Formed Ballot Measure 0 State Candidate Election Committee Committee O Recall (D Controlled ru Cnmvea S, Q Sponsored fA+e cary,e,rew+W ❑ General Purpose Committee Q Sponsored ❑ Primarily Forced Canddaw Q Small Contributor Committee Officeholder Committee Q Political Party/Central Committee fA CO"PareP 7) 3. Committee Information RUSH HILL FOR COUNCIL 2010 STREET ADDRESS (NO P.O. SOX) 115 TWENTY SECOND STREET CITY STATE ZIP CODE AREA CODE /PHONE NEWPORT BEACH CA 92663 949 -723 -7202 MAILING ADDRESS IF DIFFERENT) NO. AND STREET OR P.O. SOX CITY STATE ZIP CODE AREA CODE /PHONE OPTIOWLL: FAX / E-MAIL ADDRESS November 9. 2010 2. Type of Statement: i ❑ Preelection Statement F] Quarterly Statement iZ Semi -amual Statement ❑ Spcoiat odd -Year Report (7 Temenatlon Statement (—' Supplemental Preelection (Also fib a Form 410 Termination) Statement - Affech Form 495 ❑ Amendment (Explain below) y Treaeurer(e) NAME OF TREASURER ROGER ALFORD ILINO ADORES6 1862 TUSTIN AVE CITY STATE ZIP CODE AREA CODEAHON NEWPORT BEACH CA 92660 949-836 -5568 ASSISTANT NAVt OF SUR ANY ALAN LIMON MAILING ADDRESS 115 TWENTY SECOND STREET CITY STATE ZIP CODE AREA CODE HONE NEWPORT BEACH CA 92663 949- 378 -8340 OPTIONAL FAX I E-"L ADDRESS 4. Verification I have used all reasonable diligence in preparing and mview+ng this statement and to the best of my knowledge the information contained herein and In the attached schedules is true and complete. I unity Larder penally of perjury under the laws of the State of California the! 'he foregoing is true and d. By E.00- n on one, TleaeWV dAasYere seur 7 Ere w,ri . i2, Ln(Q BY Fxea+leo on Dore, FXexutrrn on By or btWPn RVpowe By FPPC Form 460 (Jarnry/Da) FPPC Too Free Helene: e66lASXfPPC (86612!5.3 Ti) Side or Qwomla Y� Y 1 Charter Update Commission A Hk z Meeting Minutes Ci February 16, 2010 Chamber should be allowed to apply for sponsorship like any other non - profit organization. Motion by Commissioner Hill, seconded by Commissioner O'Neil. to refer the issue to Council to determine whether it should be added to the Commission's work plan. Commissioner Hill indicated that this issue is not specifically for the Chamber, even though the Chamber is mentioned in the Charter. fie noted that the Special Evcnts Advisory Committee was established to evaluate event funding and define an organized method for supporting these events. This should also entail removing any unique Charter restrictions. In response to Commissioner Tucker's question. Commissioner Luchrs reported that the Chamber has an affiliate Political Action Committee (PAC), the Business and Community PAC (BAC PAC) of Newport Beach Chamber ofCommeree, and noted that it does provide Council endorsements. Commissioner Tucker expressed concern relative to allowing organizations that endorse Council candidates to have the ability to request financial support from the City. Commissioner Watkins believed that a firewall exists between BAC PAC and the Chamber. Chairwoman Bergeson noted that a 501(cx3) organization cannot have political involvement. City Attorney Hunt indicated that he will research this. The motion carried by the following roll call vote: Ayes: Hill, Luchrs, O'Neil, Rhyne, Tucker, Watkins. and Chairwoman Bergeson Not$: None V. P- LBI_IC. CQ.MMENTS - None VI. ADJO.URNAIE;NS - Adjourned at 3:55 p.rn. to Tuesday, March 2. 2010, at 2:00 p.rn. in the Council Chambers. ........................... The agenda was posted on February 11. 2010, at 8:15 a.m. on the City flat) Bulletin Board located outside ofthe City ofNewport Beach Administration Building. r � nw -- Recording Secre ary k0 hairpersort Vv r City Clerk r Ar ���FOawtr to 4 2tz Charter Update Commission Meeting Minutes February 16. 2010 Paul Mattheis, Fire Division Chief, stated that the Civil Service Board allows him to conduct testing without concern about outside influences and believed that there are important components to the civil service system. Chairwoman Bergeson invited the Fire Department to he a part of the discussions. Jeff Boyles, Fire Captain and Newport Beach Firefighters Association Chairman, emphasized that the association is not involved in any political activity during work hours and does not use City facilities, the Fire Department logo, or Fire Department apparatus while involved in political activities. TV. ADDITIONAL ERDMIONS IQ @E CQD$IDFRFI2 (MQ1 YET COUNCI. APPROVED) DETERMINE WHETHER TIIERE ARE OTHER CHARTER PROVISIONS THAT SHOULD BE REVIEWED. Commissioner Luehrs asked whether Charter Section 423 (Protection from Traffic and Density - Greenlight) should be brought before Council to see if this issue should be considered for inclusion in the Commission's work plan. He believed that there has been a decline in overall economic activity since Greenlight and the General Plan were approved. Commissioner Tucker noted that the updated General Plan was approved by the voters and believes that changing the General Plan so soon after the 2006 election would not be advisable. Commissioner O'Neil expressed the opinion that bringing Greenlight into the Charter update discussions could jcopardizc the bigger effort to modernize and clean -up the Charter. The issue died for lack of motion. 6. REQUEST FROM THE WEST NEWPORT REACH ASSOCIATION TO REVIEW CHARTER SECTION 400 - CITY COUNCIL ELECTIONS. Commissioner O'Neil expressed the opinion that the current at -large election system has historically worked well and that the Commission's time would not be productive in discussing the issue. Commissioner Tucker and Chairwoman Bergeson agreed. Commissioner Watkins, West Newport Beach Association (WNBA) Board Member, indicated that it mav_ make sense for the Commission to vct the issue if it is Council's desire. The issue died for lack of motion REQUEST FROM THE NEWPORT BEACH CHAMBER OF COMMERCE TO CONSIDER RECOMMENDING A NEW CHARTER PROVISION REGARDING THE FUNDING OF NON- PROFITORGANIRATIONS. City Attorney hunt commented on procedural issues, noting that none of the Commissioners associated with the Chamber of Commerce have a conflict of interest since the Commission is only a recommending body. Further, the Commission is not required to file a Statement of Economic Interests (Form 700). Commissioner Watkins. Chair of the Chamber of Commerce. uotcd that he provided the Commission with correspondence at the last meeting and that it is included with the slaffreport. He discussed the section in the Charter related to the Chamber -and stated that many events held in the City benefit from City sponsorship. He believed that the F�cu 5 Y-z Charter Update Commission Meeting Minutes April zu, zuto the Cir1' Council shall have the force and effect of law," amendment of Section 71 I .c.l to read, .....the action is lawful or the action is superseded by local, state or federal law," and the renumbering of Sections 800 -803: and b) repeal Ordinance No. 866 and replace with a new Ordinance to comply with current local, state and federal law and the best practices in personnel which would not require a vote ofthe electorate (Alternative 1). In response to Commissioner Luchrs' questions, City Manager Ktff indicated that newly- numbered Section 801 encompasses lifeguards in the Fire Department and non - safety employees in both the Fire and Police Departments. Assistant City Attorney Mulvihill noted that the Civil Service System applies to these employees since they are employed by the Fire and Police Departments. The motion carried by the following roll call vote: Ayes: Hill, Luehrs, O'Neil, Rhyne, Tucker, Watkins, and Chairwoman Bergeson Absent: None 3. DRAFT CHARTER UPDATE COMMISSION REPORT'I'O THE CITY COUNCIL. In response to Commission Tucker's question regarding Charter Section 1110 (Public Works Contracts), Interim Assistant City Manager Perkins recommended, without objection that, rather than having Council choose either the Consumer Price Index (CPI) or Engineering News Record (F.NR) for inclusion in the Charter, the language be written so it allows Council the flexibility to select an appropriate index as needed through the adoption of a Council resolution. Acting City Attorney Mulvihill agreed that language can be drafted to indicate that the amount shall be adjusted as provided for by City Council resolution. Commissioner O'Neil stated that he will provide Interim Assistant City Manager Perkins with his non - substantive edits to the draft report. Regarding Newport Beach Municipal Code Section 3.24.010 (Funding Requests from Chambers of Commerce), Commissioner Tucker expressed concern that the Newport Beach Chamber of Commerce has a political action committee that endorses candidates and questioned the appropriateness of requesting funding from the City when this occurs. lie noted that he feels the same about labor organizations endorsing candidates. He suggested that the language remain in the Municipal Code, but the amount be updated based on what other organizations receive for community activities and suggested including a cost of living component. He also encouraged Commission members to offer reasons why he should concur with the Commission recommendation. Commissioner Watkins noted that he is the Chair of the Newport Beach Chamber of Commerce, but does not know who serves on the Business and Community Political Action Committee (BAC PAC) of the Newport Beach Chamber of Commerce. He emphasized that BAC PAC is a separate entity from the Chamber and indicated that he would not he in favor of setting a limit when other organizations do not have one. lie suggested treating all organizations the same and added that funding requests must go before the Special Events Advisory Committee (SEAL). Mayor Pro Tent Henn reported that SF.AC is an advisory committee and will only be involved when an organization or event requests over 520,000 in funding or in -kind services. Further, that the committee does not make final funding determinations, but makes recommendations to Council. Charter Update Commission Meeting Minutes A,. 11 20, 2010 Commissioner Luehrs stated that there is a fircwall between the BAC PAC Board of Trustees and the Chamber of Commerce Board of Directors. Further, SEAC will analyze special events requests. He discussed the Chamber's history and its role in the City. He took issue that the Chamber ol'Commerce has been singled -out. In response to Commission questions, Commissioner Luehrs indicated that the 11 BAC PAC 1'rustees are selected by the current Trustees, reported that it abides by Fair Political Practices Commission (FPPC) rules and regulations, and stated that he is unsure how BAC PAC Trustees can be removed. Chairwoman Bergeson believed that this should be equitable and noted that the FPPC has specific rules regarding 501(c)(3) organizations. She indicated that Council should have flexibility in how funding should he allocated to an organization or event. Commissioner O'Neil explained that Commissioner Tucker is not debating the Chamber's role in the community. The concern is that the Newport Beach Chamber of Commerce has a political action committee that is indirectly identified with it. Additionally, the political action committee supports or opposes ballot measures and Council candidates. He disclosed that he is also a Trustee on BAC PAC, but indicated that there is separation between BAC PAC's and the Chamber's activities. He stated that he will be supporting the recommendation to repeal NBMC Section 324.010. Commissioner Hill believed that the purpose of SEAC is to ensure that the limited special event funds are distributed in a fair and equitable manner. Further, he believed that, if the Charter Update Commission had not been formed, Chamber of Commerce requests would have gone before Council and probably been approved without the knowledge of the funding limit in NBMC Section 3.24.010. He stated that he will be running for City Council and has been informed that many organizations that may request funding from the City, like the Conference and Visitors Bureau and labor organizations, interview candidates for one reason or another. He believed that there is a separation between the Chamber of Commerce and the BAC PAC and agreed that one organization should not be singled-out- Commissioner Tucker indicated that he is now comfortable enough to have the report presented to Council with the current recommendation. Chairwoman Bergeson reported that the recommendations presented this afternoon will be included in the updated repon and that the Commission will review it one more time at the May 41h meeting prior to it going before Council. Mayor Pro Tent Venn noted that Council has the option to change, adopt or amend the Commission's recommendations. In responseto Commission questions, Interim Assistant City Manager Perkins reported that the Office of the City Attorney will draft the language for the ballot measures. City Clerk Brown reported that the Orange County Registrar of Voter indicated that it is hard to determine how many measures the County will allow cities to place on the ballot and recommended that the City's questions be limited to no more than five. She confirmed that the Charter amendment questions can be grouped. Mayor Pro Tent Henn stated that condensing the questions so they are not confusing to the electorate will be parr of Council's work plan.