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Charter Review 2013/10/17ANAHEIM CHARTER REVIEW COMMITTEE MINUTES Thursday, October 17, 2013 6:00 p.m. Anaheim City Council Chambers 200 Anaheim Blvd, Anaheim 92805 The meeting notice, agenda and related materials were duly posted on October 14, 2013. PRESENT: Chair, Todd Ament; Committee Members: Tom Dunn, Amanda Edinger, Craig Farrow, Ernesto Medrano and Gloria Ma'ae. ABSENT: Keith Olesen STAFF: City Manager's Office: Paul Emery, Assistant City Manager, and Margie Otto, Senior Analyst; Linda Andal, City Clerk; Senior Assistant City Attorney Kristin Pelletier; Raphael Sonenshein, Consultant Call meeting to order. The meeting of the Charter Review Committee of October 17, 2013 was called to order at 6:01 p.m. in the Council Chambers of Anaheim City Hall located at 200 S. Anaheim Blvd. 2. Public Comments. City Clerk, Linda Andal presented an online public comment received from Debbi Noyes. Ms. Noyes remarked that the east community felt the Charter Review Committee was not interested in protecting the rights of residents in the east area and felt the scheduling of two charter meetings on the same nights as two East District Neighborhood Council meetings confirmed her opinion. Ms. Andal advised that city staff shared with Ms. Noyes the Committee's process in scheduling the meeting calendar. 3. Approve minutes of the Committee meeting of September 26, 2013. Member Dunn moved to approve the September 26, 2013 committee minutes, seconded by Member Medrano. (AYES — 6, NOES — 0, ABSENT — 1: Member Olesen). Motion approved. 4. Article VI- Section 603: Compensation and Bonds. Assistant City Manager, Paul Emery presented information about Article VI dealing with compensation and bonds referencing the spreadsheet of comparable cities. He advised that cities either didn't include language with respect to bonds or they established bonds by ordinance. Mr. Emery provided three options for the Committee's consideration: 1) do nothing and leave the Charter as is, 2) remove all reference to bonding within the section, or 3) reference bonding, by ordinance, as determined by the City Council. Meeting of the Charter Review Committee October 17, 2013 Page 2 of 3 Raphael Sonenshein provided the history of the City's bond language since 1965 explaining that this process was an older way of doing business in which the city indemnified itself, and not indemnifying the City Manager. He highlighted newer language from other comparable cities and shared that the city's current provision was perceived to be archaic. The new language, he explained, allowed Council to consider whom to cover and under what terms. Member Dunn referenced his support of the Pasadena approach and Mr. Emery suggested the Pasadena approach be used as a guidepost. Member Dunn added that the Santa Ana and Irvine models be referenced as well and moved to modify the provisions of section 603 to authorize the City Council to fix by ordinance the officers or employees that must post bond, seconded by Member Medrano (AYES — 6, NOES — 0, ABSENT — 1: Member Olesen). Motion approved. 5. Article IX- Approve Boards and Commissions. Assistant City Manager, Paul Emery highlighted the current three boards and commissions specifically outlined in the city charter: Planning Commission, Parks and Recreation Commission, and Library Board. Based on the number of ways boards and commissions were handled in various cities, he provided the Committee with three options: 1) Do nothing and leave the three current boards in the Charter, noting however, that the staff would return with amendments to the duties of the Library Board, as requested by the Library Board, 2) do not specify any other boards or commissions in the Charter which would allow the Council to create or amend commissions by ordinance, with the exception of the Planning Commission, and 3) add the Public Utilities Board to the Charter given the complexity, breadth, and scope of the board. Mr. Sonenshein provided a historical background about why certain boards and commission were placed in a city charter and suggested the Committee consider the role of each board and commission when determining its placement in the charter. He reminded the Committee that a charter was a governance document and generally commissions that only had advisory authority should not be included in the charter. Discussion regarding the various boards and commissions continued with members agreeing that the Public Utilities Board should be added to the Charter and the Planning Commission should remain in the charter. Member Ma'ae added that she would like to see the Budget, Investment, and Technology Commission (BIT Commission) added to the Charter. City Clerk, Linda Andal commented that the current charter allowed the City Council to create any new board or commission by ordinance. She further advised that the BIT Commission was formed by the City Council in 2010 by combining the Budget Commission and the Investment Advisory Board, adding that if either commission were in the Charter the Council would not have had the authority to amend or combine the commissions. She further reported that although the Council was interested in reviewing the Parks and Recreation Commission in 2010, they were unable to do so given that the commission was listed in the Charter. Meeting of the Charter Review Committee October 17, 2013 Page 3 of 3 The Committee agreed to add the Public Utilities Board to the Charter and Member Medrano spoke about his reluctance of stripping the current commissions from the charter. Member Dunn responded that he preferred to provide Council with flexibility and not bind the Council to various boards or commissions for another decade. Discussion ensued relating to various commission options with all members stating their agreement to add the Public Utilities Board to the current Charter; Members Edinger and Dunn spoke of their support to add the Public Utilities Board and keep the Planning Commission in the Charter, however felt that Council should be provided the flexibility, through ordinance, to make changes to other boards and commissions. Member Farrow moved to add the Public Utilities Board to the Charter and maintain the existing Commissions within the Charter, seconded by Chair Ament (AYES - 4: Chair Ament and Members: Farrow, Medrano, Ma'ae; NOES - 2: Edinger, Dunn; ABSENT — 1: Member Olesen. 6. Consideration of additional meeting dates and/or review of next committee meeting schedule. None. 7. Committee Comments/ Staff Comments. None. 8. Adjournment. At 6:58 P.M. Chair Ament adjourned the meeting to October 24th, at 6:00 p.m., Anaheim Council Chambers. s ctfully submitted, Linda N. Andal, CIVIC City Clerk