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Home My WebLink About07-22-1996 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JULY 22, 1996 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the regular meeting held at 8:00 a.m., Monday, July 15, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of the adjournment of said meeting held on Monday, July 15, 1996, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:45 a.m., Tuesday, July 16, 1996, on the door of the place at which said meeting was held. READING OF RESOLUTIONS Prior to commencement of the Council meeting, City Clerk Rachel Clark read the titles of all the resolutions on the regular agenda of the Mayor and Common Council. The adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Minor at 9:01 a.m., Monday, July 22, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Arias, Oberhelman, Devlin, Anderson, Miller; Senior Assistant City Attorney Barlow, City Clerk Rachel Clark, Economic Development Agency Administrative Services Director Lindseth. Absent: None. COMMUNITY DEVELOPMENT COMMISSION ADJOURNED REGULAR MEETING At 9:01 a.m., Chairman Minor called the adjourned regular meeting of the Community Development Commission to order in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. At this time, the Mayor and Common Council, Community Development Commission, took action Development Commission items. acting as the on Community 1 7 /22/1996 SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 10:26 a.m., Senior Assistant City Attorney Barlow left the Council meeting and was replaced by City Attorney Penman. ECONOMIC DEVELOPMENT AGENCY ADMINISTRATIVE SERVICES DIRECTOR LINDSETH EXCUSED At 10:37 a.m., Economic Development Agency Administrative Services Director Lindseth left the Council meeting and was replaced by Assistant City Administrator Wilson. SENATE BILL 2112 MAYOR VETO POWER DEVELOPMENT COMMISSION ITEMS COMMUNITY (1) RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF THE CITY RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS AND RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION. (lA) RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT RELATING TO THE POWER OF THE MAYOR TO VETO ORDERS _~D RESOLUTIONS OF THE COMMUNITY DEVELOPMENT COMMISSION. (lB) City Attorney Penman stated that the Council must adopt two resolutions in order for the issue of Mayoral veto of orders and resolutions of the Community Development Commission to be placed on the ballot. He explained the differences between the two sets of resolutions (two options) which had been submitted to the Council for review and consideration. He noted that the resolutions in Option No. One refer to the fact that the Mayor currently has the veto in the City and the Council currently has the power to override the Mayor in City matters by a two-thirds vote; the resolutions in Option No. Two makes no reference to what authority the Mayor has in the City and strictly presents the issue as one of whether or not the Mayor should have the veto over the Community Development Commission and whether or not the Commission should be able to override the Mayor's veto by a two-thirds vote. Council Member Curlin stated that he did not think City Attorney Penman was able to represent the Council in this matter and that he should declare a conflict of interest. He pointed out that Mr. Penman has been a very strong proponent of SB 2112 and has entered into the political process, even to the extent of communicating with the legislators in Sacramento and stating his position in support of the measure in his official capacity as City Attorney. City Attorney Penman stated that It has long been recognized that elected City Attorneys have the same ability legally and the same duty policy-wise to get involved and contribute to policy discussions, as well as to express opinions to the State legislature, on matters that affect the City which the City 2 7/22/1996 Attorney has been elected to serve. He added that the courts have consistently ruled that City Attorneys may take positions which oppose that of the legislative body, and the legislative body is still required to use that attorney. Council Member Oberhelman pointed out that a majority of the Council had given the City Attorney direction to prepare certain documents for placing this matter on the ballot, and the City Attorney had prepared them in accordance with action taken by the Council. He stated that the City Attorney had prepared two options from which the Council could choose, neither of which appeared to be adversarial, and he would like to see one of the Council members who were instrumental in directing the preparation of said documents decide which option would be appropriate and make a motion accordingly. Council Member Curlin made a motion that the Council find Mr. Penman in conflict on this issue, and that the Council engage independent legal counsel, selected from a list of three local firms, to advise them on this matter. (In order to support his reason for this action, Council Member Curlin read into the record a letter dated June 27, 1996, from City Attorney Penman to State Senator William Leonard, wherein Mr. Penman expressed his support for SB 2112.) The motion died for lack of a second. Council Member Devlin made a motion, seconded by Council Member Oberhelman, that the matter be tabled. The motion carried by the following vote: Members Arias, Oberhelman, Devlin, Anderson, Council Members Negrete, Curlin. Absent: None. Ayes: Miller. Council Nays: RECONSIDER - APPEAL - BOARD OF BUILDING COMMISSIONERS' ORDER NO 3220 - 580 WEST UNION STREET (Discussed on July 15, 1996, Item No. 23) (2) City Clerk Rachel Clark submitted a memorandum dated July 22, 1996, regarding the need to clarify the intent of the motion which was approved on Monday, July 15, 1996, and correct the language of the motion noted on the Council Summary relative to the appeal of the Board of Building Commissioners' Order No. 3220. Council Member Oberhelman made a motion, seconded by Council Member Anderson, that the previous action taken on July 15, 1996, "That the matter be continued to August 5, 1996, subject to the payment of the continuance fee of $75 to be paid by 4:30 p.m., Friday, July 19, 1996, and if the fee is not paid, the appellant is in default and the appeal will be upheld," be reconsidered. 3 7/22/1996 The motion carried by the following vote: Ayes: Council Members Curlin, Arias, Oberhelman, Devlin, Anderson, Miller. Nays: Council Member Negrete. Absent: None. Council Member Oberhelman made a motion, seconded by Council Member Devlin, and unanimously carried, that the matter be continued to August 5, 1996, subject to payment of the continuation fee of $75 by 4:30 p.m., July 19, 1996, and if the fee is not paid, that the appellant is in default and the action of the Board of Building Commissioners will be upheld. ADJOURNMENT (3) At 11:01 a.m. the meeting was adjourned. The next scheduled regular meeting of the Mayor and Common Council is at 8:00 a.m., Monday, August 5, 1996, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL CLARK City Clerk By i4in~~ Deputy City Clerk No. of Items: 3 No. of Hours: 2 4 7/22/1996