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HomeMy WebLinkAboutNOVEMBER 7,1995 37:0307 OlIO ,. u 110 7 q \ C-c. I CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OmCE OF THE CITY CLERI< MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING NOVEMBER 7,1995 The Arcadia City Council and the Arcadia Redevelopment Agency met in an Adjourned Regular Meeting on Tuesday, November 7, 1995, at 5:30 p.m. in the Arcadia City Hall Council Chambers, ROLL CALL PRESENT: Councilmembers Kuhn, Ulrich, Young, and Lojeski ABSENT: Councilmember Chang (arrived at 5:34 p.m.) It was MOVED by Councilmember Young, seconded by Mayor Pro tem Kuhn and CARRIED to EXCUSE Councilmember Chang. I OTHERS IN ATIENDANCE: . Charter Revision Committee Members: James Helms, Chairman; Vince Foley, Robert Harbicht and Craig Lucas (Member Edward Huang was not present). Ex-Offido Members: Terrence Towner, Superintendent, Arcadia Unified School District; William Kelly, City Manager; Michael Miller, City Attorney. 1. SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - REPORTS/ ANNOUNCEMENTS/STATEMENTS None, 2. QUESTIONS FROM C ITY COUNCIL/REDEVELOPMENT AGENcY REGARDING CLARIFICATION OF AGENDA ITEMS None. 3. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL I lohanna Hofer. 875 Monte Verde Drive, stated in part that she has reviewed the report of the Charter Revision Committee, which will be presented atlonighl' s meeting, and she believes it is a "red herring" and "it's not kosher." She had hoped that the City would be divided inlo five Councilmanic districts; that City Council meetings would not be held on days of county, state, or national elections; that the Council would put a limit on how much a candidate could spend on City Council elections; and that the electorate would vote for Mayor. Mrs. Hofer asked that the Council review the revisions to the City Charter very carefully; she is sure that the voters will. 1 11/7 /95 4. OIt!).O-11t; 37:0308 Oscar Abarca, Director of Government Affairs for the South Coast Air Quality Management Districl (AQMD), stated in part that he is present as a representative of Nell Soto, who represents the City of Arcadia on the AQMD governing board. The AQMD regulates air pollution from stationery sources in Los Angeles, Orange, Riverside, and San Bernardino Counties, and regulates approximately 31,000 businesses within the 12,OOO-square-miIe jurisdiction. As a result of recent actions, the AQMD has reduced the number of unhealthful air quality incidences in the last decade, and this year was the cleanest on record in terms of the number of air quality incidents, The selection of Nell Soto and appointmenl of Hugh Hewilt 10 the AQMD governing board have generated interest on the part of the board members 10 shift the AQMD into a more business-friendly direction, As part of this new direction, the AQMD has adopted a business clean air partnership, which commits the AQMD to seek legislation to allow Ihe opportunity to streamline the process by which the business community seeks permits. Mr. Abarca brought some information packets for Coundl and the City Manager. He stated he looks forward to meeting with representatives of the Chamber of Commerce or any trade association that Coundl may suggesl in order to address any concerns the business community may have relative to the AQMD. Also, he has asked his staff to contact each Councilmember in regard to their concerns. I REPORT FROM THE CHARTER REVISION COMMITIEE - CONSIDERA nON AND DIRECfION REGARDING POTENTIAL CITY CHARTER REVISIONS On July 11, 1995 the City Coundl adopted Resolution No. 5867, establishing an advisory Charter Revision Committee for the purpose of reviewing and making recommendations for possible changes to the City Charter. Said revisions to be placed on the ba1101 at the ApriL 1996 municipal election. After introducing this agenda item, and on behalf of the City CoundL Mayor Lojeski thanked James Helms, Chairman of the Charter Revision Committee, and each member of the Committee for their efforts, I Chairman Helms staled: "Mr, Mayor and members of the Council, your Charter Revision Committee consisted of Mr. Vince Foley, Mr. Bob Harbicht, Mr, Ed Huang. Mr, Craig Lucas, and myself, We met on eight occasions with members of your staff, including Bill Kelly, your City Manager; Mike Miller, the City Attorney; Jim Dale, Administrative Services Director; and with Mr. Terry Towner, the District Superintendent. We were given a target date of October 15 to review the City Charter and make a report to you of our suggestions as to possible changes in the Charter. We have met that deadline with the efficienl help of your staff. As you know, the Charter was lasl revised in 1968. At that time the City Council made a complete revision of the Charter. Since that date there has only been a minor amendment to the Charter. II has served the City well for these Z7 years, And we're honored tonight to have Mr, Ed Butlerworth, who was Mayor at the time thaI Charter was adopled, and who Was also Chairman of the Charter Revision Commitlee at that time. "'The Committee found, in reviewing the Charter, that some provisions needed to be updated to current practices. These recommendations are primarily technical revisions without any substantive change. These should not generate any controversy. 'They ClUT}' the unanimous approval of the Committee, The Committee believes that these changes should be presenled to the voters as a package for their approval. Mr. Terry Towner, representing the Board of Education. requested that the Committee consider suggestions affecting the I 2 11/7/95 , .' l ~" .\ .';j'i .3i:0309 ,. I Board of Education. These suggestions were also non-<:ontroversial in nature and are designed to reflect current practice and to obviate some minor problems which the Board has found in the current Charter. The Committee recommends that these changes be presented as a separate proposition to the voters. "Of a more substantive nature, the Committee is recommending to you that Article V of the Charter relating to the City Clerk be amended to make the City Clerk an appointive position, similar to that of the City Manager and the City Attorney. In summary, our reasons are that the Charter provides no requirements for the position of City Clerk. The City Clerk does not answer to the City Council or to the City Manager, only to the voters who have little or no way of assessing the capability or performance of the City Clerk. The duties of the City Clerk are ministerial and technical, We understand that there are persons who are specially trained and certified to perform those duties. We have been most fortunate in the persons who have served as our City Clerk, including our present City Clerk. The Committee was unanimous in its conclusion that for an efficient operation of the City government the Clerk should be appointed by the Council. We suggest that this be separated on the hallot from the package of technical corrections for approval by the voters. U approved, this change would take effect in the year 2000, thus preserving the right of the current incumbent, June, and others to run for election in April without concern that the position would be abolished by the voters. I " Also of a substantive nature is the recommendation of the Committee that the Library employees become classified employees, thus giving them the full status IInder the Civil5ervice law. This recommendation carries the unanimous vote of the Committee. Also in that regard, the Committee recommended, on a split vote, that the Library become a City department, and that the Library Board l'elain its autonomy to select the materials for the Library, The majority of the Committee believes that since the City Council budgets the funds for the Library out of City funds, there is no reason to require that the Lihrary Board act as an intermediate layer of government to duplicale thaI work. The Committee feels that the Librarian should be selected and appointed as are other department heads and nol by the Library Board. The minority vote of the Committee reasoned that the present arrangement has functioned well for many years and there is no need for change. The Committee also recommends that this item, if it is your pleasure to put it on the ballot, be voted on separately from the other provisions, I "1be Committee also considered the suggestion that the manner of selection of Mayor be specified in the Charter. 1be Committee considered this on at least three occasions and it concluded that it is better left to the discretion of the Council. 1be makeup of the Council is subject to change each two years, and what may seem appropriate at one time may be burdensome to another CounnJ. 1 think in our discussions we thought that that subject could best be treated by a resolution or an ordinance adopted by the Council rather than making it a permanent part of the City Charter, The Committee also considered a recommendation that the election of the School Board members and the City Council be combined, so that only one election every two years would be necessary instead of the current annual elections. This matter was considered by the Board of Education, and they unanimously opposed the suggestion. The Board members appeared before the Committee and expressed their position. As a consequence of that opposition the Committee tabled any further discussion of that matter. 3 11/7/95 CITY CHARTER REVISIONS "HOUSE- KEEPING" ITEMS 37:0310 '. "The Committee members are all here except for Mr. Huang. who had to be out of town, and we're all prepared and delighted to discuss any of the provisions that We have made recommendations on and to try to amplify any of the provisions that I've sort of sketched out here. Thank you, Mr. Mayor. I think the Committee, and I think I speak for them, all appredate the confidence that you placed in us by selecting us to serve on this Commillee." I Council discussion ensued. The City Attorney noted that the deadline for taking final action to get these provisions on the April 1996 Munidpal Election ballot is December 22, and resolutions incorporating Council's direction will be needed before that date. Councilmember Young referred 10 the revisions pertaining to the City Manager and the City Oerk. In particular, the revisions would make the City Oerk position appointed and subject to removal by 11 majority vote of the entire City Council. She asked if the Charter Revision Committee considered a vote of four rather than 11 majority vote. Chairman Helms said that they had considered that, thinking there might be an occasion when there might be only four members on the Council, However, a majority vote obviates the problem if there is a vacancy at that time. The Committee considered other sections of the City Charter where this same problem arises. Councilmember Young questioned use of the word "officer" to describe the person who will be appointed by the City MlUllIger to be responsible for the finarK:e office and the person appointed by the City Manager to be responsible for the planning office, It WllS agreed that the City Altomey would substitute another word such as "person" or "individual." I Councilmember Chang questioned the waiving of rellding emergency ordinances in fulL saying it seems that this type of ordinance should be read so that the dtizens understand why it is necessary to have an emergency ordinance. The City Allorney stated that emergency ordinances are distributed and made available at the time of a meeting or in lldvance. This change is a way 10 preclude someone from having to read a lengthy ordinance. It was noted that it takes four votes to declare an emergency ordinance and it could also take four votes to waive the reading. and there is the option to read the ordinance if it is so desired. In answer 10 Councilmember Chang's question, the City Allorney answered that wording with regard to subpoenas in Section 804 of the current Charter is not necessary and so it was deleted, 1he Human Resources . Commission is the only commission which has need to issue subpoenas, and that authority is maintained elsewhere in the Charter, Discussion continued, and the City Manager, City Allomey, and Committee members answered Council's questions with regard to proposed Charter revisions of a "housekeeping" nature. It was MOVED by Councilmember Ulrich, seconded by Councilmember Young and CARRIED on roll call vole llS follows to ACCEPT the ledu:tical revisions to the City Charter as presented by the Charter Revision Committee, with minor corrections stated by the Council, and SUBMIT said revisions as a package for approval by the electorate at the April, 1996 munidpal election. I AYES: NOES: ABSENT: Councilmembers Chang. Kuhn, Ulrich, Young. and Lojeski None None 4 11/7/95 I SCHCX>L BOARD REVISIONS CITY CLERK REVISIONS I I LIBRARY BOARD REVISIONS ., \! 37:0311 '. With reference to School Board issues as they appear in the Charter, Dr. Terrence Towner, Arcadia Schools Superintendent, slated that many of the items have not been operative for several years. For instance, installation of officers is supposed to take place on the first Monday in July, but in some years an adjustment must be made to allow for the Fourth of July holiday depending upon which day it falls. For that reason it is suggested that members be installed on or before the second Tuesday in July after their election. The section referring to appointment of a Board Secretary has been brought into compliance with the way it is today. Also, there have been changes in the law regarding election of School Board members, including the filing lime limits and dates, and the filing of a Declaration of Candidacy with the County Clerk. Another change is to provide for the election of a Board member as Clerk, since that practice has been in effect for the past several years. It was MOVED by Mayor Pro tem Kuhn, seconded by Councilmember Young and CARRIED on roll call vote as follows to ACCEPT the Board of Education revisions to the City Charter as presented by the Charter Revision Committee and SUBMIT them as a separate item for approval by the electorate. AYES: NOES: ABSENT: Coundlmembers Chang. Kuhn, Ulrich, Young. and Lojeski None None Chariman Helms slated that the Committee's discussion of revisions to the City Charter with respect to the Office of the City Clerk had nothing to do with the incumbent officer...this was a matter that the Committee gave a great deal of thought to. They were concerned that this revision would be on the same ballot as the next election for the City Clerk, so the Committee provided thaI, if approved by the volers, this revision would not become effective until the year 2000, so that if the City Clerk chooses to run for reelection. or someone else runs, they would serve a full term. However, if there were a vacancy in that office during that four-year period, Council would appoint a City Clerk and from then on it would be an appointive office, Chairman Helms slated that the issues of revisions with regard to the position of City Clerk and the Ubrary were discussed al great length in 1968, but were not put on the ballot along with other revisions, The 1968 Charter Revision Committee did not wanl to take the chance of voter rejection of their efforts, and at that lime it was not thought to separale the City Clerk and Ubrary issues from the other revisions, It was MOVED by Councilmember Young. seconded by Councilmember Ulrich and CARRIED on roll call vote as follows to ACCEPT the revisions to the City Charter pertaining 10 the office of the City Clerk as presented by the Charter Revision Committee and SUBMIT said revisions as a separate ilem for approval by the electorate. AYES: NOES: ABSENT: Councilmembers Chang. Kuhn, Ulrich, Young. and Lojeski None None Chairman Helms reiterated that, as he slated earlier, by unanimous vote the Charter Revision Committee recommends that Ubrary employees come under the Civil Service rules as classified employees. On a vote of 3 10 2, the Committee recommends the modification of the role of the Ubrary Board. The Charter currently provides for the Ubrary Board 10 suggest a budget to the City Council. In reality, the Council makes a budget for the Ubrary Board, and one of the Charter revisions would be to conform to that currenl practice. The Charter Revision Committee desired 10 protect and preserve the right of the 5 11/7 /95 .3i:0312 '. Library Board to select and be responsible for all the materials in the Library, isolating that from the political process of the City Council. Another matter is whether or not the City Librarian should be appointed as are other department heads. The selection process is a very thorough one and is done by professionals, To have that responsibility on Library Board members who are not necessarily trained in personnel selection seemed not to be an efficient way to operate a very important part of City government. The Librarian should be answerable to the City Manager in the same way as are all the other department heads, because he is spending City money. I In opposition to that viewpoint, Member Harbicht stated, in part, that General Law cities, by state law, and about half of the Charter cities by choice are set up so that the Library Board governs the Library and selects a Librarian. The Council, through its appointment of the Library Board and its allocation of funds, has control over the Library, Since the current method of how the Library is administered seems to be working, Member Harbicht sees no reason to change it, As a Committee member who voted in favor of the Charter Revision Committee's suggestions with regard to the Library, Member Lucas stated, in part, that the Library runs and is managed almosllike a department of the City, and the revisions will conform the Charter to the business practices of the City. 1he Charter will continue to reserve to the Library Board certain powers that provide for its independence and avoidance of "politicaIization." Member Foley stated, in part, that the Library today under the Charter has a modicum of independence that other City departments do not have. For example, the Library Board has the authority to do its own contracting. Because the Board chooses not to do so and instead uses the City's processes because they are more efficient is not a reason to take away the right of the Library Board to exerdse such independence. Other than agreeing that Library employees should be covered under the classified service, Member Foley thinks that the rest of the proposal is going too far. I Chairman Helms commented that although Member Huang is not present at tonight's meeting, he was one of the majority votes for the suggested Library Board revisions. Chairman Helms recalls Member Huang's thoughts that this is a budget matter, and City finances should be controlled by the City Council as the primary budgeting body responsible to the voters as to how money is spent. It was MOVED by Counci\member Young, seconded by Counci\member Ulrich and CARRIED on roll call vote as follows to ACCEPT the revisions to the Charter of the Ubrary Board of Trustees' powers and duties as presented by the Charter Revision Committee and SUBMIT said revisions as a separate item for consideration by the e1ectorate. Counci\member Chang expressed his views of the proposed revisions to the Charter. lbe present system is working well. so why should it be changed. He believes thaI the Library should remain independent without any extemal political interference, which is probably the reason why the previous Charter Revision Commiltee rejected any changes with regard to Library issues. In regard 10 the unclassified Library employees, he agreed with Member Foley that this problem could be fixed. Further, Council would still have some control through the budget process and the appointment of Library Board members without changing the Charter...that is his recommendation. I 6 11/7/95 I I ADJOURN- MENT ATTEST: I 'I', .3i:0313 '. Mayor Pro lem Kuhn stated that she supports placing this matter on the ballot, and that the voters should decide the issue. Member Foley commented that Council has the authority to decide whether or not the revisions will be placed on the ballot. By submitting the revisions to the electorate, Council is signifying its endorsement of the changes. Member Harbicht added that letting the people decide is something that Council would do if these are changes that the Council would like to see take place but was unsure if the people agreed. AYES: NOES: ABSENT: Councilmembers Kuhn, Ulrich, Young, and Lojeski Councilmember Chang None Chairman Helms recommended that suggested revisions to Section 901 of the Charter, having to do with the unclassified and classified service of Library personneL be included in the housekeeping revisions since it was a unanimous recommendation by the Charter Revision Committee. The City Manager commented that if the voters elect to have the Library employees become fully protected by Civil Service rules and the Librarian is answerable to the Library Board, there will be a problem as to who is responsible for the City employees in terms of personnel rules and procedures. The City Attorney stated that for that reason, the item will remain part of the proposition on the Library, as was the original intenl of the Charter Revision Commiltee. The City Oerk commented that, with reference to the discussion of a revision of City Oerk issues in the Charter, she wanted to assure Council that she has been more than qualified, with all educational requirements for certification, for a long time. Upon learning of the Committee's discussions, she applied for and received the Certification of Municipal Oerks, Chairman Helms assured the City Oerk that during their Committee meetings her qualifications were never questioned. At 6:50 p.m. the Adjourned Regular meeting ADJOURNED sine die. City of Arcadia J Alford, 7 11/7/95