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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 Page 3 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 Page 4 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.