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HomeMy WebLinkAbout1993-10-19 CRC MINS . MINUTES OF A REGULAR MEETING OF THE CHARTER REVIEW COMMISSION October 19, 1993 Council Conference Room 6:00 p.m. ------------------------------------------------------------------- MEMBERS PRESENT: Bob Campbell, Susan Fuller, Ted Hillock, Sharon Reid MEMBERS ABSENT: John Dorso (excused) Jack Blakely STAFF PRESENT: Assistant City Attorney Rudolf The meeting was called to order by Chairperson Campbell at 6:06 p.m. The roll was called and all members were present except Members Dorso and Blakely. Member Dorso was excused, having called in to report a prior business meeting conflict with the Commission's meeting schedule. MSUC (Reid/Fuller) to elect Chairperson Campbell and Vice Chairperson Dorso for the balance of the fiscal year. (Chairman Campbell abstaining as to election of himself). MSUC (Reid/Fuller) to approve the minutes of the June 15, 1993 regular meeting. There were no comments from members of the public. . Aqenda Item 5: Continued consideration of Charter amendment items. Item I: Sections 600-604 Board/Commission Decisionmaking Power- Role of Committees. Mr. Rudolf reported the recommendation of staff to amend the Title of Article VI of the Charter as well the provisions in Sections 600, 601, 602, 603 and 604 to recognize the role of committees as being different and distinct from that of boards and commissions as set forth in the memo dated october 12, 1993 in the agenda package. The focus of Proposition L on the November, 1992 ballot was to eliminate any possible interpretation of Charter Section 600 which would prevent the City Council from delegating final decisionmaking authority to a board or a commission. The City Attorney's office is now prepared to advise that the existing language of that section, although ambiguous, is not intended to prohibit that delegation. Therefore, the focus of this new proposal is on clarifying the status of committees. . The new proposed subdivision (b) of Section 600 is the same language found in San Diego City Charter Section 43(b). It gives Charter authorization, to the Mayor, City Councilor City Manager to establish advisory citizens committees. Further, it focuses the role of such committees (they can only be created for the purpose of advising on questions with clearly defined objectives); limits them in time (they shall be temporary in nature) and does not allow their perpetual existence (they shall be dissolved upon the completion of the objectives for which they were created). . Charter Review Commission 10/19/93 Minutes Page 2 Both subsections of Section 601 are proposed to be amended to reflect the existence of committees and thereby allow the City Council to make budget appropriations for the expenses of commi ttees and make clear that committee members serve without compensation, but may be reimbursed for traveling and other expenses, if authorized by Council. Section 602(a) is amended to make clear that members of citizens committees are appointed by and serve at the pleasure of the City officer which established the committee, either the Mayor, the City Manager, or the Council itself. The language distributed in Attachment 1 to the memorandum was modified to read as follows: "The members of citizens' committees established by the Mayor, City Councilor City Manager shall be appointed by and serve at the pleasure of the Mayor, City Councilor City Manager, whichever established their Committee." . The proposed changes to Section 603 make clear that the public is allowed to participate in the proceedings of the boards, commissions and committees of the City; that action by a committee, like action of boards and commissions, can only be taken upon an affirmative vote of a majority of the entire membership; the City Manager is required to designate a secretary to record the minutes for each committee; each committee is authorized to prescribe its own rules and regulations for conduct of its business; and each has the power to compel attendance of witnesses and examine them under oath and compel the production of evidence. Member Reid pointed out that the heading of section 603 needed to be modified to delete the reference to "chairman" and instead say "chairperson", but that this did not need to be done by a Charter amendment because the historic Charter amendment authorizing the City Clerk to clean up the language throughout was sufficient to make the change now. Under the proposed amendment to Section 604, committees would also be given the power to administer oaths and affirmations in any investigation or proceeding pending before it, like the existing authority for boards and commissions. The proposal in Attachment 1 to the staff report was amended to include reference to committee in the last phrase so that it would now read: . "Each member of any such board, commission and committee shall have the power to administer oaths and affirmation in any investigations or proceedings pending before such board, commission, or committee." . . . Charter Review Commission 10/19/93 Minutes Page 3 Member Fuller moved to accept the staff recommendation, as amended during the presentation. Chairperson Campbell seconded the motion. Member Reid requested the maker and second of the motion amend the motion to include the sunset clause previously recommended to Section 600 by the Commission. Both the maker and second agreed and the motion was approved by unanimous consent. Accordingly, language will be added to Section 600(b) as follows: "When such committee is created, the Mayor, City Council or City Manager, as the case may be, shall include a sunset provision specifying when such body shall cease to exist, unless expressly extended in writing by the Mayor, City Council, or City Manager, as the case may be." Aqenda Item 6: Members' Comments. Member Hillock reported that he was married in June of this year. Member Campbell reported that he had a special event, having turned 80 in the last month. Both members were warmly congratulated by the other members of the Commission for these significant milestones in their lives. Aqenda Item 8: Adiournment. There being no further business to be brought before the Commission, the Chairperson adjourned the meeting at 6:35 p.m. Mr. Rudolf advised that there would probably not be further meetings of the Commission until January, and that he would prepare the ballot measures and a draft of the Commission's report to the City Council for consideration of proposed ballot items as soon as possible to take forward to the City Council in sufficient time for review prior to the March 11 deadline for the June, 1994 ballot. Respectfully submitted, :J){c L-/( ~-f-/:\ D. Richard RU~ Secretary C:lcrcllOl993.min