CharterReview

Charter Review Committee – City of Burbank
Minutes

Monday, December 5, 2005
Fire Training Center – 1845 North Ontario Street , Burbank , California

1) CALL TO ORDER AND WELCOME

Chair Carolyn Jackson called the meeting to order at 6:30pm .

Present: Mr. Alfred Aboulsaad; Mr. David Ahern; Mr. Rich Baenen; Ms. Claudia Bonis; Ms. Celeste Francis ; Mr. Robert Frutos; Mr. Vic Georgino; Ms. Carolyn Jackson ; Ms. Lynn Kronzek; Mr. Bob Olson; Ms. Susan Robles; Mr. Vincent Stefano; Mr. Garen Yegparian; Dr. Raphe Sonenshein, Consultant; Ms. Mary Alvord, City Manager; Mr. Dennis Barlow, City Attorney; Ms. Betsy Dolan, Administrative Analyst II; and Ms. Dolly Chatham, Senior Clerk.

Absent: Ms. Chris Carson and Mr. Hagop Hergelian

2) ORAL COMMUNICATIONS

None.

3) WALK THROUGH OF SECTIONS AND MAJOR PROVISIONS OF EXISTING BURBANK CHARTER WITH CONSULTANT

Dr. Sonenshein began his walk through of the charter by referring to Section 69 which gives a history of the original charter, starting with the charter’s effective date in October 1926. He stated that the committee will have to decide whether to simply amend or completely re-write the charter. Mr. Stefano expressed concern over retaining the historical information contained in the charter. Dr. Sonenshein replied that a historical summary could be retained in the charter even if the committee decides to completely re-write the charter. Dr. Sonenshein also suggested that the committee may want to consider removing all references to repealed sections from the charter. The following charter sections were discussed:

· Section 1 (Name) – The charter begins with a name for the city.

· Section 3 (Powers) – The charter is an empowering document.

· Section 4 (Officers and Employees) – The key to this section is the second sentence. “The Council may provide for such additional boards, commissions, committees, officers, and employees as may be deemed necessary and prescribe their respective powers and duties.”

· Sections 5 (The City Council), 6 (Meetings, Regular and Special), 7 (Quorum) and 8 (Ordinances) – All pertain to the City Council. Council can receive compensation up to the amount allowed under state law. Per Mr. Barlow, that amount is approximately $600 per month.

· Section 6 (Meetings, Regular and Special) – Advises when regular meetings are to be held and that all Council meetings are open to the public.

· Section 8 (Ordinances) – Very detailed section. Explains the affirmative vote shall consist of three members.

· Section 8A (Adoption of Codes by Reference) – Details how codes can be amended.

· Section 9 (Mayor) – Discusses Mayor. States Mayor cannot receive additional compensation.

· Section 10 (City Manager) – Advises that the City Manager is the Administrative Head of the City.

· Section 11 (City Attorney) – States that the City Attorney must be an attorney-at-law. Responsible for defending all suits and may employ special council to assist the City Attorney.

· Section 12 (City Clerk) – A decision should be made to determine if the City Clerk should be an elected or appointed position. City Clerk is the keeper of the Corporate Seal of the City. Mr. Stefano asked if most cities appoint or elect to which Dr. Sonenshein responded that it varies from city to city.

· Section 13 (City Treasurer) – A decision should be made to determine if the City Treasurer should be an elected or appointed position. Per Dr. Sonenshein, most City Treasurers are appointed.

· Section 14 (City Tax Collector) – No longer applicable. City Treasurer is now the tax collector. Mr. Yegparian inquired what taxes are paid to the Treasurer. Ms. Alvord explained that taxes and fees are paid to different City departments and deposited through the Treasurer’s office. Ms. Francis asked about the qualifications for elected positions. Dr. Sonenshein explained that the City Clerk is the election official and that the City Council ratifies the election. The City Clerk is not responsible for reviewing qualifications. The City would need to have clear cut qualifications for elected positions if the committee decided to include them in the charter.

· Section 15 (Public Works Department) – Starts the listings of the different departments mentioned in the charter. Some departments are in the charter and some departments are not. Ms. Francis asked if it is possible for departments that are no longer in existence to still be listed in the charter and Dr. Sonenshein responded yes.

· Section 15A (Building Official) – Most cities do not have a provision for a Building Official in the charter.

· Section 16 (Police Judge and Police Court) – Repealed. Reference to repealed sections left in charter for history. Mr. Yegparian asked if there was any reason not to have two charters – one that is a clean copy of the current charter and one that includes all the historical changes made to the charter. Dr. Sonenshein replied he would not recommend it, but that other steps can be taken to record the charter’s history.

· Section 18 (Chief of the Fire Department) – Discussed the Chief of the Fire Department. During a fire, the Fire Chief has supreme authority over all matters. Mr. Barlow explained that this is in the charter to remind the City Council that they do not have supreme authority over fire-related matters.

· Section 20 (Official Bonds) – It is common for a city to have a section on bonds.

· Section 22 (Administering Oaths, Subpoenas) – Very common to have this section in a charter.

· Section 24 (Compensation) – City Council shall set the compensation for officers appointed by the Council.

· Section 25 (Reports of Fees and Commissions) – Decision should be made whether to repeal this section.

· Section 27 (Elections) – This section is too long. Section is too detailed and much of the information could be placed in an ordinance rather than the charter. Per Mr. Barlow, state law allows for drawing of lots in case of a tie in an election.

· Section 29 (Residential Qualification) – Deals with residential qualifications for elected positions.

· Section 31 (Board of Education) – Powers and duties of Board of Education are governed by state law.

· Section 33 (Water and Power Department) – This is a very small section for a department that brings in so much revenue. The primary issue will be whether to change the process for transferring funds from the utility to the General Fund.

· Sections 34 (Library Department), 35 (City Planning Department), and 36 (Park, Recreation and Community Services Department) – These should be reviewed, particularly whether or not departments should be included in the charter in general.

· Section 37 (Civil Service System) – Charter must have reference to the Civil Service System. Mr. Stefano asked if this was still needed if the City uses labor contracts. Dr. Sonenshein stated this should be added to the list of questions for the committee to consider.

· Section 37A (Department Structure) – Under current charter, any department can be reorganized by the City Manager whether in the charter or not. The committee discussed whether or not it is logical to have departments in the charter and then give the City Manager the authority to reorganize them as needed. The committee should look closely at whether or not to remove departments altogether from the charter.

· Section 38 (Budget) – It is very unusual to require a 4/5 vote for appropriations.

· Sections 41 (Taxation) and 42 (Dollar Limit) – It is not unusual for charters to have these provisions. Committee may wish to discuss whether to keep them in the charter.

· Sections 45 (Deposits with the Treasurer), 46 (Payment of City Moneys), and 47 (Surplus Bond Money) – These sections could be combined.

· Section 51 (Approving Illegal Claims) – Simply states that the City’s officers shall not approve illegal claims.

· Section 52 (Expert Accountant) – This section is essential to have in the charter.

· Section 54 (Contract Work and Purchases) – Describes projects that must go out for bid. Dollar limit set by charter is usually too low. Recommend that dollar amount be set by ordinance.

· Section 55 (Illegal and Void Contracts) – States that elected officials cannot have a financial interest in any transaction conducted by the City. Per Mr. Barlow, under state law, this is a felony.

· Sections 57 (Official Records) and 58 (Newspaper Advertising) – These sections could be combined.

· Section 59 (Employees’ Retirement System) – The City’s participation in PERS is set by contract.

· Section 61 (Interference With or By The City Manager) – This section could be better written, but it is absolutely essential that it remain in the charter.

· Sections 64 (Continuing Officers and Employees), 65 (Continuing Ordinances in Force), 66 (Continuing Contracts in Force), and 68 (Constitutional Clause) – These are about continuity, and the committee should review them.

Motion (Ms. Jackson) for the committee to stay until 9:30 or until it finishes the agenda.

The committee discussed whether to stay until 9:30 and decided to make the decision closer to the end of the meeting.

Dr. Sonenshein quickly discussed the Model City Charter. It is in its 8^th edition and is a good reference, but the committee should not view it as a definitive answer to questions about the Burbank charter.

The committee looked at the list of cities used for salary comparison and agreed to add four other cities from the five-county area for review of their charters. They were:

Mr. Yegparian inquired if out of state cities should be considered. Dr. Sonenshein responded that such a comparison may be difficult because laws differ from state to state.

7) CALENDAR OF TOPICS
Dr. Sonenshein suggested that the January through the May meetings consist of the major issues to be discussed. After much discussion, the following Calendar of Topics was tentatively approved. The Committee may revisit this calendar at any time it wishes.

The committee requested that staff review the entire calendar and include any topics that the committee had discussed but were inadvertently left off the calendar.

Motion and second (Mr. Stefano, Ms. Francis) to accept the tentative calendar. The committee agreed by acclamation to accept the tentative calendar.

8) SELECTION OF VICE CHAIR
Motion and second (Mr. Aboulsaad, Ms. Robles) to nominate Ms. Kronzek for Vice Chair of the Charter Review Committee . Ms. Kronzek agreed to accept the nomination. The committee agreed by acclamation to select Ms. Kronzek for Vice Chair.

Monday, January 9, 2006 , 6:30pm to 9:00pm , Fire Training Center , 1845 North Ontario Street , Burbank , California .