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HomeMy WebLinkAbout05-12-1992 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SPECIAL MEETING MAY 12, 1992 COUNCIL CHAMBERS NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of San Bernardino has called a special meeting of the Mayor and Common Council for 12 Noon, Tuesday, May 12, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to waive and adopt the following resolution: Resolution of the Mayor and Common Council of the City of San Bernardino, California approving the appointment of certain representatives to serve on the San Bernardino Airport Authority. The special meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tern Reilly at 12:06 p.m., Tuesday, May 12, 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 Pro Tern Reilly; Council Members Estrada, Reilly, Hernandez, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Krasney, City Administrator Clark. Absent: Mayor Holcomb; Council Member Pope-Ludlam. READING OF RESOLUTION City Clerk Krasney read the title of the resolution on the regular agenda. MAYOR HOLCOMB ARRIVED At 12:08 p.m., Mayor Holcomb arrived at the Council meeting and assumed the duties of Mayor. COUNCIL MEMBER POPE-LUDLAM ARRIVED At 12:08 p.m., Council Member Pope-Ludlam arrived at the Council meeting and took her place at the council table. INVOCATION The invocation was given by Council Member Pope-Ludlam. 1 5/12/92 PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Council Member Minor. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE APPOINTMENT OF CERTAIN REPRESENTATIVES TO SERVE ON THE SAN BERNARDINO AIRPORT AUTHORITY. (1) Mayor Holcomb explained that the purpose of today's meeting was to select a representative from the City of San Bernardino to the San Bernardino Regional Airport Authority for Norton Air Force Base. Mayor Holcomb stated that the best qualified person should be selected to represent the City on the Airport Authority. He stated that criteria for best qualified can include factors such as education, work experience, and available time to dedicate to the issues that would be addressed by the Airport Authority. Mayor Holcomb explained that he has toured six bases around the nation that were closed in the 1960's and 1970's to see how they have progressed since closure. He stated that he has learned about base closure law and issues such as toxic waste, parcelization, asbestos abatement, and has met with the Environmental Protection Agency, the Department of the Air Force, and the Department of Economic Development in Washington D.C. He stated that the Pentagon feels that the City of San Bernardino has accomplished more than other bases scheduled for closure. Mayor Holcomb outlined his life and work experiences which he felt qualified him to represent the City of San Bernardino on the San Bernardino Regional Airport Authority Commission. Mayor Holcomb asked that each Council Member indicate whether they are interested in being the City's representative to the Airport Authority, and if so, to outline the experiences that they feel qualify them for the appointment. The Council expressed concern regarding the manner that was being utilized for selection of the City's representative to the Airport Authority. Council Member Estrada made a motion, seconded by Council Member Pope-Ludlam, that Mayor Holcomb present his appointments for the San Bernardino Regional Airport Authority Commission for discussion. (Note: There was no vote taken at this time.) Mayor Holcomb stated that he had not determined who would be appointed. City Attorney Penman explained that the Council cannot compel the Mayor to state his appointments. 2 5/12/92 Council Member Estrada stated her interest in being appointed to the Airport Authority; however, she indicated she would not pursue the appointment. Council Member Reilly stated that he was interested in being appointed to the Airport Authority; felt that each Council Member was qualified to be appointed to the Authority, and outlined his life and work experience which qualified him for the appointment. Council Member Hernandez stated his interest in being appointed to the Airport Au thor i ty , and presented his educational background and work experience that qualified him for the appointment. Objections were voiced relative to questioning Members on their qualifications for appointment to the Authority. Council Airport A discussion was held regarding the method of appointing representatives to the Airport Authority. Council Member Miller made a motion, seconded by Council Member Pope-Ludlam, to adjourn the meeting to Monday, May 18, 1992, at 8:30 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. (Note: There was no vote taken at this time.) Council Member Minor stated that by virtue of being elected officials each Council Member was qualified to represent the City on the Airport Authority, and urged the Mayor and Council Members to allow the appointments to go forward with decorum. Joseph Doyle, 5707 North Pershing, San Bernardino, CA, requested that the meeting continue to allow the public to speak regarding the appointments to the Airport Authority. Discussion ensued regarding whether the the Council Members on their respective appointment to the Airport Authority. City Attorney Penman stated that legally any Council Member was qualified, by virtue of election to office, to be appointed to the Airport Authority. Mayor can question qualifications for Council Member Miller withdrew her motion to adjourn. Council Member Pope-Ludlam withdrew her second to the motion to adjourn. Jeff Wright, P.O. Box 2341, San Bernardino, CA, asked how the Mayor obtained the authority to appoint representatives to 3 5/12/92 the Airport Authority, and what qualifications the Mayor has which qualified him to be appointed to the Airport Authority. City Attorney Penman explained that the Charter grants to the Mayor the authority to appoint individuals to commissions. Norris Bernardino, record: P. Gregory, Jr., 1540 West 16th Street, San CA, read the following position statement into the Former Sixth Ward City Councilman of the City of San Bernardino, CA, Tenure from 1967 to 1975. "Much of today' s concern and deliberations relate to the dissension which has been publicly displayed and exists between the executive and legislative branches of our municipal form of government. This exchange of opinions and positions is, in my opinion, nothing new or extraordinary. The persistence and extension of volatile disagreement, however, lingering and hurtful phenomenon legislative paralysis of our City. The City of San Bernardino has an elected Mayor who, by Charter decree and general interpretation, has the role and right to speak for the City as its formal representative. such dissension and is a more recent, - often leading to Our current Mayor, with his proven leadership and administrative capabilities, along with his invaluable experience and attribute of being a highly educated, well trained, experienced, and respected attorney-at- law, offers the City a respected and most formidable advocate in the arena of municipal debates and negotiations. When valuable assets and benefits are 'on the line,' sometimes, it is often necessary to sacrifice finesse, proper decorum and suave behavior in the interest of 'gaining attention and awareness' for the goal of protecting the assets and benefits to accrue to the City of San Bernardino. While each Councilperson has a part to play in municipal governing, each representing approximately 24,000 citizens, it was intended, from my point of view, that the Council act in unison as a whole and as the backbone of the City, while the Chief Executive, the Mayor, acts as its leader, in all aspects of representation of the City. 4 5/12/92 Of course, one could question why would I, a former Councilman, often in disagreement with those Mayors with whom I have served, can come forward to publicly recognize and acknowledge the position of leadership bestowed by the Charter of our City upon the Mayor, in this case Mayor Bob Holcomb. But, now we are at a critical time in our history for the City of San Bernardino and its future with the closing of a vital lifeline of economic influence of Norton Air Force Base in calendar year 1994. And. it becomes crucial that our elected officials reach a state of harmonv for the oublic aood and benefit of our verv survival. Therefore, the Mayor of the City of San Bernardino, no matter who the incumbent, deserves and should be entitled to lead the City and maintain the position of being the primary spokesperson. Thank you." John Stevens, 3097 North Pershing Avenue, CA, expressed concern that residents were not voice in the selection of representatives Authority. San Bernardino, being allowed a to the Airport City Attorney Penman explained that it is standard policy for agencies, involving joint powers agreements, to appoint elected officials to represent the respective jurisdictions. Joseph Doyle, 5707 CA, stated his support Airport Authority. North Pershing Avenue, for appointing Mayor San Bernardino, Holcomb to the William Harrison, Jr., a resident of San Bernardino, CA, explained the history of Norton Air Force Base from its origin in the Argonaut Club. He recommended that because the entire land area of the Air Force Base was within the City limits of San Bernardino, that the City should contact its congressional representatives and strive to have all sphere of influence laws repealed. He felt that by eliminating the sphere of influence laws, disagreement between cities would cease because the input from surrounding cities would be eliminated. He expressed support for Mayor Holcomb to represent the City of San Bernardino on the Airport Authority. Mohammed support for Bernardino on Cooper, a resident of San Bernardino, Mayor Holcomb to represent the the Airport Authority. CA, expressed City of San Frances Grice, a resident of San Bernardino, CA, felt that Mayor Holcomb should represent the City of San Bernardino on the 5 5/12/92 Airport Authority. Abdul Rashid Saleen, a resident of San Bernardino, CA, spoke representing the Islamic community in the City of San Bernardino. He expressed his support for Mayor Holcomb to represent the City on the Airport Authority. Wallace Allen, 1830 West 30th Street, San Bernardino, CA, expressed his support for Mayor Holcomb to represent the City on the Airport Authority. Council Member Minor made a motion, seconded by Council Member Maudsley, to appoint Mayor Holcomb to the San Bernardino Regional Airport Authority Commission, and that the term of any member of the Airport Authority appointed from the City of San Bernardino be limited to a period of two years. Concern was expressed that the Airport Authority be able to address the issues involving the re-use of Norton A.F.B. in a timely manner, and avoid dissension that would hinder the Authority's ability to make progress. Several Council members stated that they would not support Mayor Holcomb's nomination to the Airport Authority. City Attorney Penman urged that appointments be made to the Airport Authority as a meeting has been scheduled for Wednesday, May 13, 1992. He expressed concern that if the City of San Bernardino was not represented at the meeting it would have a negative impact on the redevelopment of Norton A.F.B. Jeff Wright, P.O. Box 2341, San Bernardino, CA, recommended that City Attorney James Penman be nominated to represent the City at the Airport Authority. The motion to appoint Mayor Holcomb to the San Bernardino Regional Airport Authority Commission failed by the following vote: Ayes: Council Members Reilly, Maudsley, Minor. Nays: Council Members Estrada, Hernandez, Pope-Ludlam, Miller. Absent: None. Mayor Holcomb appointed to the Commission. recommended that Council San Bernardino Regional Member Airport Reilly be Authority Council Member Miller seconded the motion to appoint Council Member Reilly to the San Bernardino Regional Airport Authority Commission. City Clerk Krasney requested clarification on the motion. 6 5/12/92 Council Member Miller made a motion, seconded by Council Member Estrada, that Council Member Reilly be appointed to the San Bernardino Regional Airport Authority Commission. The motion carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. Abstain: Council Member Reilly. Mayor Holcomb stated that all other appointments to the San Bernardino Regional Airport Authority Commission would be held in abeyance. Confusion was expressed regarding the vote; therefore, it was the consensus of the Council that a new vote be taken. Council Member Minor made a motion, seconded by Council Member Miller, that Council Member Reilly be appointed to the San Bernardino Regional Airport Authority Commission. Council Member Pope-Ludlam requested that the motion be amended to include the nomination of Council Member Hernandez as the second primary delegate, and Council Member Estrada as an alternate delegate to the San Bernardino Regional Airport Authority Commission. City Attorney Penman explained that the motion could not be legally amended in the manner suggested, as it would be in conflict with Charter Section 51. Discussion ensued regarding the process for nomination and appointment to City commissions. Council Member Minor recommended that the motion to appoint Council Member Reilly, and the motion to appoint Council Members Hernandez and Estrada, be separated into two motions to ensure clarity of intent, and compliance with all legal regulations. Council Member and Miller to the Commission. Estrada nominated Council Members Hernandez San Bernardino Regional Airport Authority The motion to appoint Council Member Reilly to the San Bernardino Regional Airport Authority carried by the following vote: Ayes: Council Members Estrada, Hernandez, Maudsley, Minor, Pope-Ludlam, Miller. Nays: None. Absent: None. Abstain: Council Member Reilly. Mayor Holcomb stated that all other appointments to the San Bernardino Regional Airport Authority Commission would be held in abeyance; and that he would conduct a press conference after this meeting regarding the redevelopment of Norton A.F.B. 7 5/12/92 City Attorney Penman answered questions regarding Ordinance MC-822 which regulates the use of the City of San Bernardino's Television/CATV broadcast facilities by the Mayor or members of the Common Council. The Council expressed concern over the manner in which Mayor Holcomb was appointing the City of San Bernardino's representatives to the San Bernardino Regional Airport Authority Commission. CLOSED SESSION The Mayor and Common Council session during this meeting. (2) did not adjourn to closed ADJOURNMENT (3) At 1:45 p.m., Council Member Estrada made a motion, seconded by Council Member Miller, that the special meeting of the Mayor and Common Council be adjourned to Monday, May 18, 1992, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Maudsley, Minor, Pope-Ludlam, Nays: Council Member Hernandez. Absent: None. Council Miller. RACHEL KRASNEY City Clerk ~~.~ By Melanie Vale Deputy City Clerk No. of Items: 3 No. of Hours: 1.5 8 5/12/92