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HomeMy WebLinkAbout01-23-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JANUARY 23, 1992 COUNCIL CHAMBERS This is meeting of Bernardino January 21, "0" Street, the time and place set for an adjourned regular the Mayor and Common Council of the City of San at the regular meeting held at 8:32 a.m., Tuesday, 1992, in the Council Chambers of City Hall, 300 North San Bernardino, California. The City Clerk has caused to be posted the Order of Adjournment of said meeting held on January 21, 1992, 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 8:30 a.m., Wednesday, January 22, 1992, on the door of the place at which said meeting was held. The adjourned regular meeting was called to order by Mayor Holcomb at 1:35 p.m., Thursday, January 23, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by City Clerk Krasney with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. ANNOUNCEMENT BY MAYOR Mayor Holcomb emphasized order during Council meetings and asked that each Council member follow the procedural rules for meetings of the Legislative body; that each member ask to be recognized before speaking; that each member not interrupt speakers; and that each member show courtesy to each other and to others speaking. POLICE NEGOTIATIONS HEARING REQUEST TO SCHEDULE IMPASSE (New Business) In a memorandum dated January 23, 1992, Barbara Dillon, Director of Personnel, stated that the contract with the Police Safety Employees expired on November 30, 1991. Their previous contract was for a three-year period. On December 13, 1991, the Police Officers' Association (POA) sent a letter to the Director of Personnel announcing Declaration of Formal Impasse and requested an impasse meeting. Impasse meetings were held on January 10 and January 14, 1992. During the impasse meetings, 1 1/23/92 the POA listed 23 areas of disagreement. The POA and the City's negotiating team reached a tentative agreement on ten issues and are close to agreement on another seven. The key issues to be resolved are health insurance and the retirement contribution. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that the matter of scheduling an impasse meeting on the Police negotiations arose subsequent to the posting of the Council agenda. Council Member Minor made a motion, seconded by Council Member Miller, and unanimously carried, that an impasse hearing on the contract with the police safety employees be scheduled at 10:00 a.m., Monday, February 3, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. CHARTER AMENDMENT RESOLUTIONS (2-8) Mayor Holcomb stated that the proposed Charter amendments were prepared by the City Attorney's Office. He urged the Council to take a more cautious review of the Charter amendments and give more public input in the process of making Charter changes. He stated that during the tenure of the previous mayor, a Blue Ribbon Committee i.e., Charter Review Committee, was formed to review the City's Charter. The Committee spent two years reviewing the Charter. Mayor Holcomb introduced members of Committee, i.e., Charter Review Committee: Chairman; Brian Simpson, Attorney at Law; Attorney at Law. the Blue Russell and Ron Ribbon Lackner, Skipper, Russell Lackner, Chairman of the Blue Ribbon Committee, stated that over a period of two years the Blue Ribbon Committee reviewed the City's Charter. The Blue Ribbon Committee submitted recommendations to the Mayor and Council for review. Mr. Lackner proposed that since the Blue Ribbon Committee had spent time on reviewing the Charter, the proposed Charter amendments should be referred to the Committee. Mr. Lackner answered Committee considered a City City of San Bernardino. questions regarding whether the Manager form of government for the Brian Simpson, Attorney at Law, stated that he had the opportunity to serve on the Blue Ribbon Committee. He urged that the recommendations presented by the Blue Ribbon Committee, along with the new proposed Charter amendments, be submitted to the electorate prior to being placed on the June 1992 ballot. 2 1/23/92 Ron Skipper, Attorney at Law, stated that public input is vi tal when making changes to the City's Charter. He suggested that this matter be tabled and referred back to the Blue Ribbon Committee; or that a new committee be formed to determine if the Charter amendments should be placed before the electorate. Mr. Skipper answered questions regarding whether the public would have ample time to review the proposed Charter amendments before the June election. Mr. Simpson expressed concern that the community would not have the opportunity for input before the amendments are placed on the ballot. Discussion ensued regarding recommendations submitted by the Blue acted upon by the Mayor and Council. whether the proposed Ribbon Committee had been City Attorney Penman explained that the Blue Ribbon Committee was requested to review the present form of government and the City's Charter. The Committee prepared a study and submitted the study to the Mayor and Council for review and action. However, the Council referred the matter to the Legislative Review Committee. Jeff Wright, P. O. Box 12341, San Bernardino, CA, supported the proposal which would give more power to the Council. He suggested that the problems between the Mayor and Council be resolved through the impeachment process. City Attorney Penman explained that the City of San Bernardino does not have an impeachment process for elected officials. The recall procedure requires such a high percentage of signatures, that it is virtually impossible to recall a City official. RES. 92-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER OF THE COMMON COUNCIL TO DISMISS OR SUSPEND CITY EMPLOYEES, TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR. (Exhibit "A")* (Continued from January 2l, 1992) (3) *Note the City Attorney's Office distributed additional documents to the Mayor and Council referencing the proposed Charter amendments as Exhibits "All, "Bn, "CII, I'D", I'E", "F", "Gu, IIHI', II I II, and IfJII. 3 1/23/92 City Attorney Penman stated that the proposed Charter amendments would not create a City Manager form of government. He stated that the ordinance which creates the present City Administrator's position conflicts with the Charter. The proposed Charter amendment concerning the establishment of the office of City Administrator would alleviate that conflict. Discussion ensued regarding the City Attorney's Office being authorized to prepare the proposed Charter amendments. Mayor Holcomb urged that the proposed Charter amendments be referred back to the Blue Ribbon Committee, chaired by Russell Lackner. Council Member Estrada made a motion, seconded by Council Member Miller, to discuss Exhibit "A". The motion carried by the following vote: Ayes: Members Estrada, Reilly, Hernandez, Minor, Pope-Ludlam, Nays: Council Members Maudsley. Absent: None. Council Miller. After discussion on this matter, Council Member Minor requested to change his vote. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: City Attorney Penman explained the provisions in Charter amendment Exhibit "A", Section 36 Mayor to preside - Absence of Mayor; Section 38 Power of Council to Dismiss; Section 51 Appointments and Vacancies; and Section 90 Office of the City Administrator. The Mayor and Council discussed language changes to Exhibit "A". Council Member Minor made a motion, seconded by Council Member Maudsley, to refer all proposed Charter amendments back to the Blue Ribbon Committee i.e., Charter Review Committee, chaired by Russell Lackner. The motion failed by the Members Maudsley, Minor. Nays: Hernandez, Pope-Ludlam, Miller. following vote: Council Members Absent: None. Ayes: Council Estrada, Reilly, Council Member Estrada made a motion, seconded by Council Member pope-Ludlam, to approve Exhibit "A" amended as follows: 4 1/23/92 Section 36 - Mayor to Preside - Delete paragraph lines 5 through 9, page 2, beginning with "Should the Mayor desire to participate in the debate or comment on any matter coming before the Council he shall pass the gavel to the Mayor pro- tempore prior to such debate or comment and during such debate or comment the Mayor pro-tempore shall preside at such meeting"; Section 51 - Appointments and Vacancies - Delete word "majority" and replace with "2/3 vote" on line 24, page 4; Section 90 - City Administrator Delete "may" and replace with "shall" on line 5, page 5; delete "any such" and replace with "said" on line 7, page 5; delete "if such an" and replace with "Said" on line 17, page 5; delete "is enacted" and replace with "shall provide that" on line 18, page 5. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Miller. Members Maudsley, Minor, Pope-Ludlam. Absent: Ayes: Nays: None. Council Council Mayor Holcomb proposed to veto the motion. Council Member Pope-Ludlam requested to change her vote. The motion carried by the following vote: Members Estrada, Reilly, Hernandez, Pope-Ludlam, Council Members Maudsley, Minor. Absent: None. Ayes: Council Miller. Nays: Discussion ensued regarding whether the titles of the resolution are the same as listed on the January 21, 1992 Council agenda. Council Member Estrada made a motion, seconded by Council Member Miller, to waive further reading of the resolution, and adopt the resolution incorporating changes made to Exhibit "A". *Note: No vote was taken at this time. Council Member Estrada made a motion, seconded by Council Member Hernandez, to waive further reading of the resolution. The Members Miller. motion carried by the following vote: Ayes: Council Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Nays: Council Member Minor. Absent: None. City Clerk Krasney read the entire resolution. 5 1/23/92 RECESS MEETING At 3:38 p.m., Mayor Holcomb declared a five-minute recess to allow the City Attorney and City Clerk time to incorporate all the changes made to the resolution and Exhibit "A". RECONVENE MEETING At 3:47 p.m., the adjourned regular meeting reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: None. RES. 92-22 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY RELATING TO THE POWER TO GIVE THE MAYOR AND COUNCIL CERTAIN APPOINTIVE POWERS, AND AUTHORIZ ING THE MAYOR AND COUNCIL TO ESTABLISH THE OFFICE OF CITY ADMINISTRATOR. (Exhibit "A") (Continued from January 21, 1992) (3) City Clerk Krasney read the entire resolution incorporating the changes enacted in the previous motion. (See pages 4 & 5) Council Member Estrada made a motion, seconded by Council Member Hernandez, that said resolution be adopted as amended. Resolution No. 92-22 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Pope-Ludlam, Miller. Nays: Council Members Maudsley, Minor. Absent: None. RES. 92-23 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY GIVING THE COMMON COUNCIL THE AUTHORITY TO OVERRIDE AN EXECUTIVE ORDER OF THE MAYOR BY 2/3 VOTE. (Exhibit "B") (Continued from January 21, 1992) (4) City Attorney Penman stated that the provisions in Exhibit "B" pertain to the power of the Common Council to override any executive order of the Mayor. Mayor Holcomb objected to to override executive orders. emergency situation the Mayor actions. the Common Council having powers He pointed out that during an has to act and take decisive City Attorney Penman proposed resolution would Council of every executive clarified that provisions in the not require the Mayor to inform the order, nor does it ensure that every 6 1/23/92 order would go before the City Administrator. He stated that there would be no changes made to existing language in the Charter regarding the Mayor having general supervision over all departments and public institutions of the City. City Clerk Krasney read the entire resolution at the request of the Council. Council Member Estrada made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-23 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Reilly, Minor. Absent: None. RES. 92-24 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT TO THE CHARTER OF SAID CITY PROVIDING THAT THE COMMON COUNCIL SHALL SELECT THE CHAIR WHO SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL. (Exhibit "C") (Continued from January 21, 1992) (5) City Attorney Penman explained that the proposed Charter amendment (Exhibit "C") would omit language in the Charter making the Mayor the presiding officer at all meetings of the Common Counc il; that the Charter amendment would add language authorizing the Council to appoint a Chair of its own members to preside at the meetings; and that the Chair would retain the right to vote on all matters under consideration. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. *Note: No vote taken at this time. See page 8 for vote. Mayor Holcomb suggested that the Council select a leader of the Council and make that a permanent position. Discussion ensued regarding a reduction in the powers as presiding officer at Council meetings. It was out that the Mayor'S debate powers would also be reduced of any citizen desiring to speak before the Council. Mayor'S pointed to that Mayor Holcomb stated that the Mayor for the City of Los Angeles can veto any action passed by the Council, and also require the Council to go back and reconsider the item. The Council discussed veto powers of the Mayor under the proposed Charter amendment. Jeff Wright felt that it would be a conflict of interest for either the Mayor or the Council members to preside over Council meetings. He suggested that the gavel be given to a neutral person. 7 1/23/92 City Clerk Krasney requested authorization not to read Sections 1 - Recitals, and Section 2 - Submittal to Electors, as these sections are the same in every resolution. Council Member Miller made a motion, seconded by Council Member Estrada, and unanimously carried, that the City Clerk be authorized not to read Sections 1 and 2 of the resolutions. City Clerk Krasney read the entire resolution at the request of the Mayor and Council. Discussion ensued regarding the powers of Mayor Pro Tempore as referenced in Section 37 of Exhibit "C". Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, that said resolution be adopted. Ayes: Nays: Resolution No. 92-24 was adopted by the following vote: Council Members Estrada, Hernandez, Pope-Ludlam, Miller. Council Members Reilly, Maudsley, Minor. Absent: None. RES. 92-25 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY SETTING THE SALARY OF THE MAYOR AT 60% OF THAT FOR A MUNICIPAL COURT JUDGE. (Exhibit "E") (Continued from January 21, 1992) (6) City Attorney Penman stated that provisions of the Charter stipulate that the salary for the Mayor cannot be reduced during the term of any incumbent except by five affirmative votes, nor be increased except after the approval of the majority vote of the electors. He stated that the rationale for Charter amendment Exhibit "E" is to prevent the Council from acting in a retaliatory manner to agree on the Mayor'S salary behind closed doors. The proposed Charter amendment suggests that the Mayor's salary be set at an amount equal to 60% set for a Municipal Court Judge. City Clerk Krasney read the title of the resolution. Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, that further reading of the resolution be waived. Council Member Hernandez made a motion, seconded by Council Member Miller, that said resolution be adopted. Resolution No. 92-25 was adopted by the Ayes: Council Members Estrada, Hernandez, Ludlam, Miller. Nays: Council Members Reilly, None. following vote: Maudsley, Pope- Minor. Absent: 8 1/23/92 COUNCIL MEMBER MINOR EXCUSED Council Member Minor left the Council meeting. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY TRANSFERRING CERTAIN POWERS PRESENTLY EXERCISED BY THE MAYOR AND COUNCIL JOINTLY TO THE MAYOR ALONE. (Exhibit "F") (Continued from January 21, 1992) (7) City Attorney Penman explained the proposed changes to Exhibit "F". Mayor Holcomb indicated that the proposed Charter amendment contained superfluous language. He suggested that the resolution be tabled. Council Member Miller made a motion, seconded by Council Member pope-Ludlam, and unanimously carried, that said resolution be tabled. COUNCIL MEMBER MINOR RETURNED Council Member Minor returned to the Council meeting and took his place at the council table. RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE DATES OF THE CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS ASSUME OFFICE. (Exhibit "I" (Continued from January 21, 1992) (8) City Attorney Penman explained that Charter amendment Exhibi t "I" would allow the City to change the dates for the primary and general elections from March and May to November and February beginning in 1993. The terms of office would be extended by nine months. Mr. Penman stated that Exhibit "I" would allow the City to change the elections to coincide with the San Bernardino School Board elections. City Clerk Krasney read the title of the resolution. Council Member Reilly made a motion, seconded by Council Member Minor, and unanimously carried, to waive further reading of the resolution. Council Member Maudsley made a motion, seconded by Council Member Reilly, that said resolution be adopted. The motion failed by the following vote: Members Reilly, Maudsley, Minor. Nays: Council Hernandez, Pope-Ludlam, Miller. Absent: None. Ayes: Council Members Estrada, 9 1/23/92 RES. 92-26 - RESOLUTION OF THE CITY OF SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY CHANGING THE DATES OF THE CITY PRIMARY AND GENERAL ELECTIONS AND THE DATES ON WHICH CITY OFFICERS ASSUME OFFICE. (Exhibit "J") (Continued from January 21, 1992) (8) City Attorney Penman stated that Exhibit "J" would allow the City to change the primary and general election from March and May to November and February beginning in 1995. Under the proposed change, the City's elections would coincide with the San Bernardino School Board elections. City Clerk Krasney read the title of the resolution. Council Member Estrada made a motion, seconded by Council Member Minor, and unanimously carried, to waive further reading of the resolution. Council Member Hernandez made a motion, seconded by Council Member Estrada, that said resolution be adopted. Resolution No. 92-26 was adopted by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Members Reilly, Minor. Absent: None. RES. 92-27 - RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS PROPOSED CHARTER AMENDMENTS RELATING TO THE POWERS AND DUTIES OF THE MAYOR AND COUNCIL AND REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED WITH THE PRIMARY ELECTION CONDUCTED BY THE COUNTY OF SAN BERNARDINO. (Continued from January 21, 1992) (2) Mayor Holcomb suggested that the resolution be brought back at the next regular Council meeting since there is no urgency. City Attorney Penman explained that the resolution requests a special municipal election to be consolidated with the June 1992 Primary election conducted by the County of San Bernardino and that there are deadlines that must be adhered to. City Clerk Krasney read the title of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, to waive further reading of the resolution and direct the City Attorney to make the changes to coincide with actions taken. (Note: No vote was taken at this time) 10 1/23/92 Council Member Hernandez made a motion, seconded by Council Member Estrada, and unanimously carried, to waive further reading of the resolution. Council Member Pope-Ludlam made a motion, seconded by Council Member Hernandez, that said resolution be adopted. Resolution No. 92-27 was adopted by the following vote: Ayes: Council Members Estrada, Reilly, Hernandez, Maudsley, Pope-Ludlam, Miller. Nays: Council Member Minor. Absent: None. RECESS MEETING - CLOSED SESSION (1) At 5:39 p.m., the Mayor and Common Council recessed to closed session to confer with the attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1), as there is significant exposure to litigation. CLOSED SESSION At 5: 39 p. m., Mayor Pro Tempore Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Pro Tempore Minor; Council Members Reilly, Hernandez, Minor, Pope-Ludlam, Miller; Sr. Assistant City Attorney Barlow, City Clerk Krasney. Absent: Mayor Holcomb; Council Members Estrada, Maudsley; City Administrator Clark. PRESS CONFERENCE - MAYOR HOLCOMB Mayor Holcomb held a press conference, while the Council was in closed session. ADJOURN CLOSED SESSION At 5:49 p.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 5 :49 p.m., the adjourned regular meeting reconvened in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Holcomb; Council Members Estrada, Reilly, Maudsley, Pope- Ludlam; City Attorney Penman, City Clerk Krasney. Absent: Council Members Hernandez, Minor, Miller; City Administrator Clark. 11 1/23/92 PRESS CONFERENCE CONTINUED - MAYOR HOLCOMB Mayor Holcomb answered questions regarding reasons for the dissention between the present Mayor and Council members, and past legislative bodies. Mayor Holcomb pointed out that there would always be differences, debates and controversies, in any administration, but maintained tnat it is not good government to remove the Mayor from the council process. Mayor Holcomb stressed that he would vigorously lobby against adoption of the proposed Charter amendments. Discussion ensued regarding the authority to initiate the proposed Charter amendments. ADJOURNMENT (9) At 6: 01 p.m., the adjourned regular meeting adjourned to 8:30 a.m., Monday, February 3, 1992, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL KRASNEY City Clerk = es, Deputy City Clerk No. of Items: 11 No. of Hours: 5 hrs. 12 1/23/92