HomeMy WebLinkAboutTRANSCRIPT 09-18-89OFFICE OF THE CITY CLERK
TO:
FROM:
SUBJECT:
DATE:
HONORABL~ MAYOR AND CITY COUNCIL
MARY E. WYNN, CITY CLERK
REQUESTED TRANSCRIPT FROM CITY COUNCIL MEETING
SEPTEMBER 12, 1989
Following is the transcript you requested from the August 21, 1989 City
Council meeting:
VIII.
ORDINANCES FOR INTRODUCTION - ORDINANCE NO. 1027, COUNCIL
REORGANIZATION
Kennedy:
Kelly:
Kennedy:
Kelly:
Kennedy:
Kelly:
We have an ordinance before us, No. 1027, called
Council reorganization. We have no staff report. My
call to the City indicated that Mr. Kelly brought this
in for the City, I believe on Tuesday afternoon, as we
were preparing the final Council Books. There is no
information as to where this came .from or what other
cities do it or why another City would do this. What
Mr Kelly is proposing is that Council be reorganized.
The Mayor Pro Tem would always become the Mayor. Mr.
Kelly is the next Mayor Pro Tem according to this
resolution. He will serve for what is this, nine
months and-ten days, John, such an interesting term.
Not a year, but none months and ten days. That's very
interesting. What is the meaning of that unusual
amount of time?
Well, I'm really not that set on the structure of this
rotation. In my opinion, this Ordinance, the names
could be completely changed around and I would be
willing to go...be placed last on the rotation list,
Madam Mayor, but I'd like to call this proposed
Ordinance I submitted late Tuesday, an Ordinance that
is titled, "Sharing the Gavel", or a system for a fair
mayoral rotation. Problems do not exist as to who the
Mayor is in cities with a direct election where the
general citizenry elects the Mayor. Examples, cities
like, neighboring cities, City of Orange has a direct
election for Mayor, Santa Ana, and as does Irvine.
These are all neighboring cities. Most other cities
use a rotational plan and they do it.
What other cities, John?
By a gentleman-like agreement or a gentleperson-like
agreement and that is very responsive to all the
citizens. However, in cities where there is a definite
division of political power, the political majority
wishes to rotate the Mayor's position only amongst
themselves. As we've seen right here in Tustin. Few
people know that here in Tustin, for it was at the last
rotation, Mayor Kennedy, you had to vote for yourself
to become Mayor.
I believe in myself, John.
I know 'you're a legend in your own mind. Fortunes,
fate, they change. You're in the majority today but
sometime in the future you might be in the minority.
I think that we need a fairer system and this is my
attempt at an ordinance to do just that. Just because
you don't see eye to eye with your colleagues on.the
Council on a lot of issues, doesn't really mean that
you have to cheat them out of the opportunity to have
the gavel and call these meetings to order. I think
it should be remembered that we were all individually
elected in different campaigns and we should have a
spirit of collegiality and I think that's something
Transcript
Page 2
8-21-89 council Meeti
Kelly: (cont.)
Kennedy:
Kelly:
Prescott:
Kennedy:
Edgar:
Prescott:
Kennedy:
that has been lacking here in the last year here on the
Council.
I agree.
I think that the fact that in 1986, when I was elected
to this Council, the entire City Council campaigned
against me, the entire Planning Commission campaigned.
againSt me-, Orange County Sheriff Brad Gates lent his
endorsement against me. So, I was really a persona non
grata. But in these other cities that have a mandatory
rotation, where every member that is elected to the
City Council has that right, to go through the chairs,
and is afforded that opportunity, I think is very
beneficial and this is something that has been lacking
here. Now once again, I'm not for this complete...I'm
not that rigidly supportive of the way that this is
structured, but I think in all fairness to future
Councilmembers that serve on the City Council, I think
that in all fairness we should have an Ordinance like
this enacted because there is definitely a lack of
ethics when it comes to the rotation of the mayoral
post. So, I'd like to submit this Ordinance for
introduction and hope that I receive a second.
Second. This is a very common ordinance which I think
are on the books of many cities where there are divided
councils. It is very common in California and I think
it will go a long way towards institutionalizing
collegiality on the Tustin City Council.
Alright, any other comments.
Yes, the thing that I don't agree with this ordinance,
I think that one of the challenges that anyone of us
as a City Council individual have is the fact that we
can and should be committed to the well being of the
City. Now, in making that commitment, I think that a
critical element of that commitment is the fact that
people will have to work if they are going to achieve
something for the City to get a consensus of the
Council. Now a consensus in any kind of simple
arithmetic of a five person are three votes and that
is fundamentally straight forward. For us to make a
system which individuals who wish to proceed with more
responsibility, more opportunity to stand up for the
things that they believe in as a Mayor, or the like,
those individuals have to display the talent of working
together in a very positive way. And when that
direction is not forthcoming, to just simply say.~that
you automatically will achieve the Mayor's position,
whether you have earned it or not, in my judgement is
not an acceptable direction. I think that it is
important for each of us to recognize our obligations,
not only for our Personal egos and our personal
desires to be elected City Council people but to
recognize that we have to be clever enough and willing
to subordinate our interests for the good of the
community and work together. And when you don't have
that ability, then I don't think that it is appropriate
to just automatically have some of these other factors.
So I do not support this idea.
I would say that this is about as popular as term
rotation and it is going to go down to a roaring
defeat. ·
Well, my comment on it is that I don't think that
anyone took longer to become the Mayor of this City
than I did. If John's idea was in use in the City, I
would have become Mayor in the normal course but I
Transcript
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8-21-89 Council Meet g
Kennedy: (cont.) learned a very valuable lesson from my tough brothers
on the city council and that is its perfectly fine to
be independent and I was and am independent but you do
have to respect and represent the views of others as
Mayor. I know there is an issue in the City that I do
not agree with the majority vote on and that happens
to be over Air Quality but it is my job to write the
majority opinion for the City and this is done with the
help of staff and it pains me each time that I find the
letters but it is my job to understand and respect that
I represent not myself but I represent a majority of
the City Council and it was a hard lesson for me to
learn and even having waited almost 7 years for my turn
as Mayor, I still support the system which says "If you
do not have the vote of confidence of two of your
fellow members, you do not deserve to hold that
position and I certainly waited longer than John has
waited. And when I did finally convince 2 other
members to vote for me it was truly a victory and a
growth for me, so I support the present system even
though I was terribly beat up by it, but perhaps,
rightly so. So I cannot support a award of this
important position to someone who has not proven they
are mature enough, they are not serious enough about
the issues of Tustin to get 2 other Council members to
vote for them, so that is my position.
Kelly:
Through the chair, a little further comment. I just
like the general citizenry to know that the way that
tMe last reorganization went, there was promises that
were made behind closed doors well beyond a full year.
Promises that were made, "if you vote for me as Mayor,
I'll vote for you as Mayor Pro Tem," and all kinds of
wheeling and dealing behind closed doors. This
business of not being qualified enough and not being
mature enough, not taking the issues seriously enough,
is a lot of political hogwash, and I submit, that once
again, I was opposed by all of my cdlleagues, with the
exception of Councilman Prescott, to get on this very
Council. So, naturally, they would not think that I
deserved to fill that spot as Mayor. There were
definite nods behind the public scenes that I thought
was very distasteful and I think that this Ordinance
is a very ethical way to do Council reorganizations in
the future and I'm looking out for future
Councilmembers, that they're not subjected to this
petty politics that has been practiced here for the
last fifteen years. This is_very ethical and I guess
I don't have the ..... I'd like to hear from Councilman
Hoesterey on this subject.
Kennedy:
Kelly:
I would like to offer a comment, John, that you called
me at least four times and asked me to support you for
Mayor and if that is behind closed doors, you disobeyed
the rule that you just presented.
It was very interesting though in th~se conversations
that I had that you'd already lined up the arrangements
and I think you're expanding the truth, you're not
telling the truth there in saying that I called four
times because I had never talked to you about that
subject until I'd found out that Richard had promised
you, well on a year in advance, that he would support
you for the position.
Kennedy:
Kelly:
(inaudible...Kennedy and Kelly talking simultaneously)
(inaudible) ..... and if you have problems with it, you
like to practice the same penny ante back-room politics
that has been going on ....
Hoesterey:
I'd like to comment. I only have one comment, that I
find it difficult to work in the spirit of congeniality
Transcript
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8-21-89 Council Meet_.~g
Hoesterey:
(cont. )
when we get called crooks, and behind-the-door dealers,
and all of this. When you call a very reputable
citizen of the 'community, Carl Karcher, a crook, when
they came in and presented a project, and the people
from the Marriott, crooks.
Kelly:
That's not true, Ron.
Hoesterey:
Kelly:
Well, just pull the tapes out of the last couple of
meetings and you will find that it's true and I find
it distasteful that you sit up here and say, well this
will help the spirit of congeniality. Sometimes your
actions and, irrespective of your representations or
point of view, but your actions could go a long way to
building the spirits of congeniality. Not only with
this Council, but with your peers on a regional level
and, consequently, that's why I would have problems
with this Ordinance. We are a political body,
political body that operates the City by votes of
three, four Or five, and consequently, I think that's
one of the decisions that we make as Councilmembers,
is who will fill that role of representing the
community outside of these chambers in addition to the
roles of running the meetings and conducting business
here. So, I believe you did probably read my
intentions correctly, John, when you proposed this
Ordinance, although you and I had not talked about it,
perhaps mental telepathy told you that I might be
against this, but if I were to mimic you, this would
probably find the same trash can you throw everyone
else's proposals in to. So, I think that it might just
be time to call the question on this and go forward.
No. I'd like to call for the question. I was the one
that produced this Ordinance and it wasn't a public
hearing and I think that we should call for the
question right now.
Kennedy:
Kelly:
Mr. Kelly, if we don't recognize Mr. Feldman, it will
be the first time that we have not recognized a
standing citizen in the history of the City.
Let 'er rip, Jerry.
Mr. Feldman:
Kennedy ·
·
Hello, my name is Jerry Feldman, I live at 13191
Wickshire Lane. Through the Chair, Mr. Kelly, I have
noticed, I have been attending these meetings for
several years now and I have never seen any of the
other Council members act in such a rude, insulting
manner in which you have over the past several years
and 'you sit there with that little smirk on your face
all the time, laughing to yourself, making a joke out
of all of this and it is just not funny. 1 You stand
there and insult the citizens of Tustin, you insult
your fellow Councilmembers and you insult the City and
that's all I have to say.
Alright, I'll call for the question if there are no
other speakers or no other discussion at the Council
level. All those in favor of the ordinance on the
floor which is the automatic rotation of Mayor, say
"aye" opposed "no"
, .. . It does not pass 2 to 3. Kelly
and Prescott in favor.