HomeMy WebLinkAbout1993-10-19 CRC MINS
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MINUTES OF A REGULAR MEETING OF THE
CHARTER REVIEW COMMISSION
October 19, 1993
Council Conference Room
6:00 p.m.
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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.
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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.
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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).
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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."
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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:
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"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."
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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
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