·      The greatest debate the committee will have is how much to change in the charter (“if it ain’t broke, don’t fix it” vs. “fix everything”).

·      All votes during the process should be preliminary and the last vote on whether or not to recommend the entire package of changes to the Council should be final. 

·      There is only one “correct” charter for Burbank , and it will be the one the committee puts together.

Mr. Stefano asked if there will be a minority report.  Dr. Sonenshein recommended against it because the committee should try to reach consensus on the overall direction of the charter changes.  Also, minority reports are weighed equally with the majority report in the public’s eye. 

Mr. Olson asked if Dr. Sonenshein’s role is to give the committee knowledge of what other cities have done.  Dr. Sonenshein indicated that it is, that he will walk the members through the charter at the next meeting, and that he will share what comparable cities have done, with pros and cons, throughout the process. 

Mr. Yegparian expressed a concern that using a consultant will limit what the committee can do based on that consultant’s experience.  Dr. Sonenshein stated that he “has no horse in this race,” indicating that he has no knowledge or stake in the issues unique to Burbank .  His job is to provide a thorough analysis and the tools the committee needs to make decisions, not to make the decisions for the committee. 

Mr. Stefano asked about the redline version of the charter the committee had received, concerned that someone unknown to the committee had already set out a road map.  Dr. Sonenshein answered that staff put together the redline version, but that it is not meant as a road map and that the committee will create their own list of changes.  Mr. Stefano stated he would like to know who suggested the changes in the redline version.  Ms. Alvord answered that the redline version contains suggestions directly from city staff and other suggestions that staff was aware of and that these are only intended as a starting point for the committee.  Mr. Barlow pointed out that the Council has not endorsed any suggested changes.

b) The Brown Act
Mr. Barlow stated that the Brown Act applies to this body and requires the following:

·      Noticed meetings

·      Posted agendas

·      Decisions made in public at the meetings

·      The public must be permitted to speak on

o       Anything on the agenda

o       Anything within the committee’s jurisdiction. 

Mr. Barlow suggested limiting public comments to three minutes with a maximum total of 30 minutes. 

Ms. Jackson asked for Mr. Barlow to explain serial meetings.  Mr. Barlow answered that serial meetings are prohibited and occur when one person talks to another and that person talks to another and so on.  He suggested that the committee avoid discussions by e-mail.  Mr. Barlow also indicated there are criminal sanctions for violations of the Brown Act. 

Mr. Georgino asked if committee members can e-mail the chair to request an item be added to the agenda.  Mr. Barlow answered yes.

Mr. Olson asked whether the committee’s work product will need to meet legal standards.  Dr. Sonenshein answered that the committee will want to submit a final document to the Council for approval, and that the central role of the City Attorney’s Office is to prepare the document so that it complies with all legal standards.  The committee will review the legal document before it goes to Council for review. 

Ms. Alvord made the point that the committee’s recommendations will need to be submitted to the City’s Attorney’s Office for legal drafting by November 2006 in order to be placed on the ballot in the April 2007 election. 

c) Procedures for Oral Communications
Mr. Yegparian suggested that the committee hold three or four public meetings at several locations to get input at the beginning of the charter review process. The committee discussed this idea and concluded that it would be unnecessary given that the committee would hear oral communications at each meeting, would accept written comments, and at its discretion, could extend the time for oral communications at any meeting with a large number of people in attendance.  Several committee members also commented on the importance of the committee chair keeping public speakers on topic and within the time limit.

Dr. Sonenshein stated having public hearings early in the process is not productive because the public has no recommendations from the committee to react to.  The public will start to have input about half way through the process. 

Ms. Jackson requested that staff include on the agendas information on where written comments may be sent.

Ms. Alvord stated that staff will publish the committee’s calendar of topics so the public knows when the topics are scheduled.  Staff will also solicit input on the City’s website.

Motion and second (Mr. Olson, Mr. Stefano) to limit oral communications to two minutes per speaker. 

The committee discussed this motion, noting that the committee could decide at any time to revise its rules and limits for oral communication should the need arise.
Revised motion (Mr. Olson) to limit oral communications to three minutes per speaker with a maximum total of 30 minutes. 
Motion passed 13-0.

d) Role of Staff
Ms. Alvord noted that the location of the meetings should be consistent to avoid confusion from the public and that the proper protocol for placing an item on the agenda is to contact the chair, Ms. Dolan, Mr. Flad, Mr. Barlow, or herself.

e) Schedule/Milestones
Ms. Alvord emphasized the need for the committee to stay on schedule and that the committee can come back to more difficult issues later if the committee needs more information or time to make a decision.  The committee has sufficient time to complete its work and submit the proposed changes to the City Attorney’s Office for legal drafting by November 2006 so that the ballot language can be submitted to the City Clerk’s Office by its deadline of late December.  Dr. Sonenshein indicated that this is an achievable schedule for the committee and that the more difficult issues to decide should be placed toward the middle of the committee’s schedule.

Mr. Baenen asked if drafts of the committee’s work would be available on the website.  Ms. Jackson stated that the committee’s decisions might change as it goes along and it would therefore not be advisable to publish the committee’s work too early.  Dr. Sonenshein stated that approximately half way through the committee’s schedule, it could publish a preliminary list of proposals for the public to provide input on.

f) Meeting Times
The committee discussed options for meeting times and meeting lengths. 
Motion and second (Ms. Bonis, Ms. Jackson) to hold meetings from 6:30 to 9:00 pm . 
Motion passed 13-0.

Mr. Stefano requested that staff provide a roster of committee members.

Mr. Barlow requested that members notify staff if they plan to miss a meeting.

Ms. Alvord noted that the time commitment to serve on the committee is significant and if any committee members have had a change in circumstance that does not allow them to meet that commitment, they are welcome to step down with the full understanding of the committee. 

Mr. Yegparian asked if the committee could meet without a quorum.  Mr. Barlow explained that the committee cannot take action without a quorum. 

Ms. Bonis asked if the committee could remove a member who misses three consecutive meetings.  Dr. Sonenshein replied that only the appointing body, in this case the City Council, could remove a member.  Mr. Barlow noted that the Council gave the committee the power to adjust its quorum should members leave to allow the committee to continue its work.

Motion and second (Mr. Yegparian, Ms. Bonis) to bring to the Council’s attention any member who missed three consecutive meetings. 

The committee discussed this motion and Ms. Bonis rescinded her second, agreeing that staff will track committee attendance and that the Council will receive the committee’s minutes, which will list members who were absent. 

Mr. Stefano requested that the committee receive the minutes a week before the following meeting.  Ms. Alvord indicated that staff limitations prevent such a quick turn around.  Ms. Jackson stated that the committee will receive a packet of information for each meeting, including the prior meeting’s minutes, the Friday before the meeting.

Ms. Jackson requested that the meeting scheduled for October 2, 2006 be rescheduled due to Yom Kippur. 

Mr. Yegparian requested that the January 9, 2006 meeting start late due to a conflict with an Armenian National Committee event.  The committee decided not to start the meeting late on that date.

Mr. Aboulsaad asked how the agenda packets will be delivered.  The committee decided that Ms. Dolan will e-mail the agenda packet (with the exception of documents that staff does not have electronically) to all committee members, and hard copy packets will also be delivered to all the committee members’ homes with the exception of Ms. Carson, Ms. Kronzek, and Mr. Aboulsaad. 

Dr. Sonenshein and Ms. Alvord reiterated that should there be a question with the minutes, staff will be able to refer back to the recording of the meeting for clarification. 

Ms. Jackson called a five minute recess. 

6) Committee discussion of Charter Review topic areas
Dr. Sonenshein led the committee in a roundtable discussion of potential topics for the committee to review.  He encouraged the committee not to limit themselves and to think about the governance of the City. 

Ms. Bonis – City Treasurer/City Clerk – elected or appointed officials

Mr. Georgino – City Council meeting frequency (two times per month)

Mr. Stefano – Qualifications for Council Members

Ms. Carson – Choice voting or instant run-off and public finance in campaigns

Ms. Kronzek – Future oriented master planning that convinces all constituents and businesses that carefully balanced development can yield a common public benefit

Mr. Olson – Elections, timing with state and federal elections, term limits, all mail ballot, need for both primary and general elections

Mr. Yegparian – Council and School Board expansion

Mr. Hergelian – Review appropriateness of having commissions in charter, Council meeting frequency, and City Treasurer/City Clerk – elected or appointed officials

Ms. Robles - City Treasurer/City Clerk – elected or appointed officials, qualifications for election officials

Mr. Aboulsaad – Contract award qualifications

Mr. Ahern – Empowering charter model vs. prescriptive charter model, City Treasurer/City Clerk – elected or appointed officials

Mr. Baenen – Duties of Mayor, Council vacancies, land use and increasing densities, BWP changes in redline version of the charter may be too constraining.

Ms. Bonis – Make charter more user-friendly

Mr. Georgino – One election instead of two

Ms. Kronzek – Conduct charter review every 20 years

Mr. Yegparian – What were the previous changes to the charter and why were they enacted?

Ms. Robles – Consider the future for Burbank and how the charter should be structured to address development, home ownership, business centers, etc.

Ms. Kronzek – BWP’s changes in the redline version of the charter are beneficial

Mr. Baenen – Closely review BWP’s changes in the redline version of the charter

Ms. Kronzek – Accountability for disaster preparedness and information technology

Mr. Yegparian – Include electronic noticing requirements, user friendly table of contents, index, City Treasurer and City Clerk salaries in charter, elections, boards and commissions

Ms. Bonis – Review purpose and powers of police commission, perhaps review all the commissions

Mr. Yegparian – Growth issues associated with an old charter

Ms. Bonis –Public access to City information

Mr. Georgino –Charter should reflect the quality of people the community wants running the City

Mr. Stefano – Council salaries, qualifications, commitment

Mr. Olson –Maintenance of services, especially police services

Mr. Yegparian – Environmental issues

Ms. Jackson – Traffic/transit issues

Ms. Carson – Cooperation with regional governments

Mr. Baenen – Airport issues

Ms. Bonis – Make charter more detailed

Mr. Stefano – Less detailed charter is more flexible

Mr. Georgino – Less government, more attractive, easier to run government

The committee also discussed several other issues during this time. 

Mr. Yegparian requested background on the suggestions from staff contained in the redline version of the charter.

Mr. Ahern asked about the Council’s thoughts about proposed charter changes and if there is one change that is driving the desire to review the charter.  Ms. Jackson responded that the Council has not taken a position on any proposed changes.  Ms. Alvord stated that there is not one particular issue driving the need for a charter review and that the last review was in 1986. 

Dr. Sonenshein noted that the committee will have to decide during the process whether to propose changes to the charter or to propose a new charter.

Dr. Sonenshein indicated that many of the issues that committee members have listed could be included in a preamble to the charter.  A preamble sets forth guiding principles for the City and provides a moral authority for the charter.  Dr. Sonenshein suggested that the committee discuss the possibility of creating a preamble at the next meeting, and he offered to provide examples of preambles from other cities. 

Mr. Yegparian asked about voting for the charter changes as a whole package or voting for each proposed change individually.  Dr. Sonenshein suggested that the committee’s recommendations will be stronger if it votes on all the changes as a whole package, and this vote should be the committee’s last decision.  If there are one or two controversial issues at the end of the process, it would be acceptable to vote on those issues separately from the package. 

7) COMMITTEE COMMENTS
Ms. Jackson requested a copy of the City’s organizational chart for the committee and a list of the previous charter changes and dates, if available. 

Mr. Olson requested information on results of the last four election cycles, including both primary and general elections.

Ms. Alvord stated that for the next meeting staff will provide the organizational chart and the list of previous charter amendments.  Staff will track the other requests made by the committee and bring back the information when the associated topic is scheduled on the committee’s agenda.

Ms. Jackson reiterated that committee members should funnel questions requiring a staff response to herself, Ms. Dolan, Ms. Alvord, Mr. Flad, or Mr. Barlow, and staff will provide the information as soon as possible.

8) NEXT MEETING
Monday, December 5, 2005 , 6:30 pm to 9:00 pm , Fire Training Center , 1845 North Ontario Street , Burbank , California

9) ADJOURNMENT
9:15 pm

Minutes Submitted by:

Tina Marie Wiktor
Recording Secretary