HomeMy WebLinkAbout1991-09-17 CRC MINS
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MINUTES OF THE REGULAR MEETING
OF THE CHARTER REVIEW COMMITTEE
September 17, 1991
Council Conference Room
6:00 p.m.
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MEMBERS PRESENT:
Bob Campbell, Jack Blakely, Sharon Reid, Ted
Hillock, John Dorso, Vickie Turner
MEMBERS ABSENT AND EXCUSED: Susan Fuller
STAFF PRESENT:
Assistant City Attorney Rich Rudolf
The meeting was called to order by Chairperson Campbell at
6:04 p.m. The roll was called and Member Fuller was excused due
to ou t of town guests. The minutes wer e cor rected on page 3 to
delete reference to subcommittee with regard to Agenda Item 5e so
that the second sentence now reads "Member Reid pointed that the
Charter Review Committee forwarded a draft campaign contribution
ordinance to the Council, but that draft was amended by the
Council." As amended minutes approved MSUC (Reid/Dorso). There
were no comments from members of the public.
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wi th regard to Agenda 4c (Other Proposed Charter Changes), Mr.
Rudolf distributed and discussed proposed amendment of Charter
Section 303 dealing with the interim appointment of a
councilmember/mayor (Agenda Item 5c from the meeting of
8/27/91). Members' discussion generally concluded that the
proposed amendment was consistent with the discussion at the
prior meeting. Member Reid suggested the change in the reference
to the "five councilmembers" in the fifth line of the third
paragraph of Section 303 be changed to "four councilmembers and
the appo intee" . As so amended MSUC (Dor so/Hi llock) to approve
recommendation of the change of Section 303.
Agenda Item 4b (Potential Charter Prohibition of a Gift of Public
Funds). Mr. Rudolf distributed a copy of California Constitution
Ar ticle 16, Sect ion 6 relating to a prohibi t ion of a gi ft of
public funds being authorized by the Legislature. MSUC
(Reid/Blakely) that staff come back at the next meeting with
proposed language for Committee review, perhaps placing the new
prohibition in the existing prohibition section in Section 305.
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Agenda Item 4a (Thirty Day Absence from Regular Meetings). Mr.
Rudolf reported on his conversation wi th Councilmember Rindone
regarding his concerns as to the need for a change. Mr. Rindone
was not concerned that the members of Council might deny another
member absence under the Charter provision out of political
spi te, and had no particular solution to the problem in mind.
However, Councilmember Rindone was concerned that the timing of
absences in connection with cancelled meetings could accidentally
result in a member of Council being in jeopardy of accidentally
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Charter Review Minutes
September 17, 1991
Page 2
self-destructing as a member of Council under the current
language of the Charter and hoped that some solution could be
found. Staff was directed to discuss with Councilmember Malcolm
any concerns he had regarding the provision and provide a factual
report whether Councilmember missed all special and regular
meetings in December 1990 or only the cancelled regular
meetings. Staff was also directed to come back with proposed
alternate language clarifying the requirement for a majority vote
for Council to approve absences and record them in their minutes;
clarify whether that approval had to be contemporaneous with the
absence or as late as thirty days after the last absence, or some
other time; change the thirty day period to forty-five days;
change regular to all meetings; or specify some specific number
of meetings consecutively missed. Al terna te forms of amendments
to Charter Section 303 would be distributed with the minutes and
placed on the agenda for consideration at the next meeting of the
Committee.
Mr. Rudolf advised that the City Council would consider that
night, alternates regarding potential Council staffing which
involved an interpretation of the Charter, and that the Council
had been provided with an extensive analysis of the Charter
provisions relating to Co unci 1 staff ing by the Ci ty Attorney's
Office for that meeting. Staff was directed to provide copies of
that opinion to the members with the minutes.
The meeting was adjourned at 6:51 p.m.
Respectfully submitted,
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D. Richard Rud~lf\
Assistant Ci ty~torney
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