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HomeMy WebLinkAbout06/28/2012 MinutesCHARTER UPDATE COMMITTEE MINUTES OASIS Senior Center - 801 Narcissus, Corona del Mar, 92626 Thursday, June 28, 2012 4:00 p.m. I. CALLED MEETING TO ORDER - 4:00 p.m. II. ROLL CALL Present: Chairman Paul Watkins and Members David Bahnsen, Paul Glowienke, Jeff Herdman, Suzanne Savary, Joseph Stapleton, Dan Wampole, Mayor Nancy Gardner, Council Member Steve Rosansky (arrived at 4:09 p.m.) City Staff: City Clerk Leilani Brown, Acting Assistant City Attorney Michael Torres, and Public Information Manager Tara Finnigan III. PUBLIC COMMENTS ON AGENDA ITEMS In response to Ron Hendrickson's question, Chairman Watkins confirmed that public comments will be allowed on Section 407 (Regular Meeting) and Section 1116 (Independent Audit and Financial Statement) during Charter Section Discussions. IV. APPROVAL OF MINUTES FOR THE JUNE 211 2012 CHARTER UPDATE COMMITTEE MEETING Chairman Watkins noted that the City Clerk provided amended minutes for Committee consideration. Motion by Member Stapleton, seconded by Member Glowienke to waive reading of the subject minutes, approve as amended, and order filed. In response to Member Savary's question, City Clerk Brown indicated that the amended minutes provided at the meeting include changes requested by Chairman Watkins and Jim Mosher. The motion carried by the following roll call vote: Ayes: Bahnsen, Glowienke, Herdman, Savary, Stapleton, Wampole, Chairman Watkins Noes: None V. CHARTER SECTION DISCUSSIONS Regarding Section 708 (Board of Library Trustees. Powers and Duties), Chairman Watkins noted that at the June 21 meeting, the two options were to either support the proposed language change or not change the Section at all. He noted that public comments were provided at the last meeting and reported that Member Wampole distributed amended language before the meeting began that he and City Manager Kiff generated which would specifically address Section 708(e). Member Wampole expressed concern that library management has been autonomous from City oversight, even though the person running the City (the City Manager) is hired to run the organization. However, he understands that this system has worked for many years. He indicated that, in an attempt to give the City Manager input without omitting the Board of Library Trustees' (Board) opinions when appointing a Library Services Director and understanding the political concerns surrounding this Charter Section, he and City Manager Kiff drafted the proposed changes to Section 708(e). Charter Update Committee Meeting Minutes June 28, 2012 In response to Member questions, Member Wampole confirmed that the changes to Section 708(e) establish a panel of two Trustees from the Board who will provide recommendations to the City Manager, and that the qualifications for the Library Services Director would be established by the City Manager. Member Glowienke believed that, if the intent is to allow the Board to preselect qualified candidates and have the City Manager ultimately hire the position, the Board should determine the qualification appraisal process. Council Member Rosansky arrived at 4:09 p.m.; however, he recused himself from the deliberations since his sister has recently been appointed to the Board of Library Trustees. Chairman Watkins suggested adding further language to Section 708(e) indicating that the appointment, suspension or removal of the Library Services Director shall reside with the City Manager, since Newport Beach is a City Council -City Manager form of government. Member Savary noted the history behind this Charter Section and questioned the need to amend the Section at all. She took issue with having City involvement over this intellectual part of the City and intellectual freedom. Member Glowienke took issue with the Board being autonomous and noted that the City Council can remove the City Manager if there are issues. He believed that, similar to the other department directors, the Library Services Director should report to the City Manager because without a reporting line, the citizens will be relinquishing control of intellectual capital in the libraries. Member Herdman expressed the opinion that the amendment to Section 708(e) would not affect the library's intellectual content. Following -discussion, Chairman Watkins suggested adding further proposed language to Section 708(d) that states, `_books, journals, maps, publications, information technology equipment, programs, materials, and other supplies...;" amending Section 708(e) further to read, "The top candidates for the position of Library Services Director who meet the minimum qualifications shall be examined in a qualifications appraisal process established by the Board of Library Trustees.'; further amend Section 708(g) to read, "Make recommendations regarding proposed Gcontracts with schools, countyies, or other governmental agencies..." Motion by Member Wampole, seconded by Member Herdman to approve the additional recommendations to amend proposed Section 708 (Board of Library Trustees. Powers and Duties) by adding further language to Section 708(d) that states, "...books, journals, maps, publications, information technology equipment, programs, materials, and other supplies... ;" amending Section 708(e) in its entirety to read, "Advise the City Manager regarding appointment, suspension or removal of the Library Services Director. The top candidates for the position of Library Services Director who meet the minimum qualifications shall be examined in a qualifications appraisal process established by the Board of Library Trustees. The City Manager shall appoint two members of the Board of Library Trustees to serve on a qualifications appraisal panel within the qualifications appraisal process. The appointment, suspension or removal of the Library Services Director shall reside with the City Manager."; and further amend Section 708(8) to read, "Make recommendations regarding proposed Ccontracts with schools, countyies, or other governmental agencies..." Member Savary stated that the issues with hiring, suspending, and firing the Library Services Director has been rejected multiple times by the electorate. She took issue with what the Committee is considering in light of the fact that City Manager Kiff recommended not changing Section 708 at the last meeting. 2 Charter Update Committee Meeting Minutes June 28, 2012 Chairman Watkins noted that some of the Committee Members did want to make amendments to this Section. Member Glowienke reiterated his support for having the Library Services Director report directly to the City Manager and for all of the other recommended amendments to Section 708. Member Herdman expressed concern about how amending Section 708 might affect the remainder of the Charter recommendations and suggested recommending to Council that this item stand on its own as a ballot measure. Following discussion, Mayor Gardner believed that the Charter changes are being amended in accordance with how the City currently conducts business. Regarding Section 708(e), she noted that the amended language clarifies the City Manager's managerial control over the Library Services Director, which has been different than the rest of the department directors. Chairman Watkins stated that the proposed language provides more input from the Board as it relates to the Library Services Director, but pointed out that the City Council will determine whether to include it on the November ballot or not. Chairman Watkins received confirmation from Acting Assistant City Attorney Torres that he was not required to allow public comments on this individual item because he previously gave the public an opportunity to speak at the June 21 meeting and that it was his understanding form City Attorney Harp that public comments would not be required at this time. Acting Assistant City Attorney Torres added that the public was also allowed to comment on this Section during general comments on agenda items at the beginning of today's meeting. The motion carried by the following roll call vote: Ayes: Bahnsen, Glowienke, Herdman, Stapleton, Wampole, Chairman Watkins Noes: Savary Regarding Section 801 (Positions Included in the [Civil Service] System), Acting Assistant City Attorney Torres reported that staff is recommending that this Section be removed from consideration and left unchanged. He indicated that the proposed addition of Section 801(f) would give flexibility to exclude future management team members from the Police and Fire Departments from the Civil Service System; however, some Civil Service Board members were not in favor of the change. Council Member Rosansky noted that the approved Charter Section list came from Council, not staff, so the Committee can make recommendations if desired. He added that Council has not discussed any of the Charter Sections. Member Savary expressed concern that this item is being discussed without a Civil Service Board member present, noting that some members attended the beginning of the June 21 meeting. Acting Assistant City Attorney Torres noted that the Committee did not discuss Section 801 at the last meeting, and the Civil Service Board members in attendance at the last meeting spoke with City Manager Kiff and were satisfied that the Section would remain unchanged and left the meeting. He stated that discussing Section 801 at this meeting is permissible. George Schroeder stated that he knows some of the Civil Service Board members and they did believe that Section 801 was not going to be changed. He expressed disappointment with how public comments on Section 708 was handled because he had comments he wanted to make. Regarding Section 708, Robert Hawkins stated that there are commissions and committees that are not under the control of the City Council. He noted that he provided correspondence at two previous meetings and expressed opposition to adding Section 801(f). He believed that 3 Charter Update Committee Meeting Minutes June 28, 2012 removing the Section from consideration would change the Committee's scope of work. Council Member Rosansky clarified that the item is not being removed from the work plan and the Committee can make a recommendation to not change Section 801. Motion by Member Savary, seconded by Member Herdman to keep the current language in Section 801 (Positions Included in the [Civil Service] System) unchanged. Amended motion by Member Herdman, seconded by Member IBahnsen to reject the addition of Section 801(f) (Positions Included in the [Civil Service] System). The amended motion carried by the following roll call vote: Ayes: Bahnsen, Glowienke, Herdman, Savary, Stapleton, Wampole, Chairman Watkins Noes: None Chairman Watkins reported that the proposed amendment to Section 407 (Regular Meeting) clarifies that there will be at least one regular meeting in August and one regular meeting in December. He stated that the reference to Government Code Section 40804 is being recommended for removal in Section 1116 (Independent Audit and Financial Statement) because, within Government Code Section 40804, there is another reference to a Government Code that has a different timellne than the 270 days that was approved by a majority of the Committee at a previous meeting. Further, it is also being recommended that the Section be amended to read, "...shall be published in a newspaper of general circulation within the City" Ron Hendrickson suggested amending Section 407 to read, "The City Council shall hold two meetings per month except in the months of August and December when there shall be at least one regular meeting in August and one regular meeting in December. The City Council shall hold regular meetings at such times as it shall fix by ordinance or resolution_ In all events, all regular meetings shall be publicly noticed according to the Ralph M. Brown Act, or any successor law." Regarding Section 1116 he believed that the third line should be changed to he or she, or CPA firm; and suggesting using, "As soon as practicable but no later than 270 days after the end of the fiscal year." Jim Mosher noted that no public comment was allowed during Section 708 when new language was proposed. Robert Hawkins agreed with Mr. Hendrickson's recommendations for Section 407 and believed that for Section 1116, the documentation should be available at the Central Library and at each of the branches. Chairman Watkins suggested changing where to when in line four in Section 407. He agreed with being consistent with regard to the gender neutral references (Section 1116). Following discussion, it was determined that In al/ events in Section 407 was not needed. Motion by Member Glowienke, seconded by Member Savary to a) amend the title of Section 407 to be "Regular Meetings" and amend the Section to read, "The City Council shall hold two meetings per month except in the months of August and December when there shall be at least one regular meeting in August and one regular meetinq in December. The City council shall hold regular meetings at least tWiGe each rAGn+h at such times as it shall fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the Ralph M. Brown Act, or any successor law. and mars adjourn nr Fe _ad'..— an,i F-9611ar me8t!Rg +n a date And hni it ld Charter Update Committee Meeting Minutes June 28, 2012 meefing shall be held on the ReXt 19USiROGs ; and b) amend the title of Section 1116 to be "Independent Audit and Financial Statement" and amend the Section to read, "The City Council shall employ at the beginning of each fiscal year, a qualified certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he or she shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. As --se Within 270 days after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, available.on the City's website or electronic equivalent, and a summary sopy-of the financial statement as of the close of the fiscal year shall be published in t"E�,r-in' a newspaper of general circulation within the City. The motion carried by the following roll call vote: Ayes: Bahnsen, Glowienke, Herdman, Savary, Stapleton, Wampole, Chairman Watkins Noes: Done Chairman Watkins asked if there were any other City Council authorized Charter Sections that needed further discussion. Acting Assistant City Attorney Torres indicated that there were no Sections for consideration from staff. The Committee Members did not have additional Sections for discussion. Jim Mosher suggested revising Section 410 (Quorum. Proceedings), believing that the Section is not requiring the City Clerk to record the votes on resolutions or ordinances when they are passed by the City Council. VL DISCUSSION OF CHARTER UPDATE COMMITTEE REPORT TO THE CITY COUNCIL Member Glowienke suggested not using the green, yellow, red notations on the redline version that is presented to the City Council; listing the Charter Sections into three categories: unchanged, amended, and repealed; and possibly include the before and after language in the chart. Discussion ensued regarding suggesting to the City Council that Section 708 (Board of Library Trustees. Power and Duties) be its own measure. Chairman Watkins indicated that he drafted a report to the City Council for the Committee's review. He added that he can also include language in the report regarding Section 708. In response to Committee questions, Mayor Gardner and Council Member Rosansky indicated that it is easier for them to see redline versions, rather than before and after versions. Chairman Watkins suggested that the City Clerk prepare a summary table of the 43 Charter Sections that the Committee reviewed and a full redline version to attach to the Charter Update Committee report. George Schroeder agreed with suggesting that Section 708 be separated. He suggested that the Committee provide the City Council with before and after versions, believing that redline versions are hard to understand. Charter Update Committee Meeting Minutes June 28, 2012 Robert Hawkins recommended providing the City Council with the meeting minutes. He took issue that no staff reports or written documents were provided during the process. He stated that, although the minutes demonstrate deliberative process, he believed that there is no basis for the recommendations. Chairman Watkins expressed disagreement with Mr. Hawkins' statements, reporting that the Committee received information from staff relative to the Los Angeles' class action claim lawsuit, City Council compensation, the 2010 Charter Update Commission's report, and conflicts of interest. Jim Mosher agreed with Mr. Hawkins and believed that the information received by the Committee should be made public. He further questioned whether approving the draft report to move forward to the City Council means that the July 51" meeting will not occur. In response to Council Member Rosansky's question, Acting Assistant City Attorney Torres believed that most of the items mentioned have been posted on the City's website. He added that the Committee also received information regarding the Ralph M. Brown Act and the Boards, Commissions, and Committees Handbook, both are publicly available on the City's webpage or the internet. Member Glowienke also took issue with Mr. Hawkins' statement, believing that the Committee has received ample information and the information is available to the public. Regarding the draft report, he stated that he can make himself available to the City Council if they have any questions. Mayor Gardner reported that the report will be going before Council during the 4:00 p.m. Study Session and 7:00 p.m. Regular Meeting. Most Committee Members indicated that they would be available on July 10 to attend both meetings. Motion by Member Wampole, seconded by Member Glowienke to a) direct Chairman Watkins to complete the Charter Update Committee report for submission to the City Council on July 10, including language regarding separating Section 708 (Board of Library Trustees. Powers and Duties); b) direct the City Clerk to attach a summary action table relative to the 43 Charter Sections that the Committee reviewed; and c) direct the City Clerk to attach a redline version of the Charter Sections. The motion carried by the following roll call vote: Ayes: Bahnsen, Glowienke, Herdman, Savary, Stapleton, Wampole, Chairman Watkins Noes: None Mayor Gardner thanked the Committee for their work, deliberations, and thoughtfulness during the entire process. VII. PUBLIC COMMENTS ON NON -AGENDA ITEMS George Schroeder took issue with how public comments were handled for Section 708 (Board of Library Trustees. Powers and Duties), noting that other Sections had new language and the public was allowed to discuss those Sections. Jim Mosher also took issue with how public comments were handled for Section 708 (Board of Library Trustees. Powers and Duties), noting that he had comments relative to the new language. He discussed the Charter history and referenced a photo of the original Charter Committee taking an oath and took issue that this Committee did not take oaths. R Charter Update Committee Meeting Minutes June 28, 2012 Robert Hawkins took issue that his June 14 letter was not presented during the June 21 meeting and still contends that the City Manager had a conflict of interest when he participated in any Article V (City Manager) discussions. Novell Hendrickson indicated that she had hoped that the Committee would have asked that Council allow them to discuss Section 403 ([City Council] Vacancy) and discussed when four Council vacancies occurred during a short time period. She believed that the public should vote on this issue. Vlll. ADJOURNMENT Chairman Watkins thanked the Committee Members for their hard work and for being well prepared. Member Stapleton thanked staff for their hard work. The meeting adjourned at 5:41 p.m. The agenda was posted on June 25, 2012, at 10:45 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Cleric" r� U r Qrz��p 7 Recording Secretary Chair rson