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Home My WebLink About07/27/1976Roll Call MINUTES ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, JULY 270 1976 -.4:00 P.M. HEARING ROOM, CITY HALL PRESENT' Councilmen Graham, Gurnee, Petterson and Mayor Schwartz ABSENT: Councilman Norris City Staff PRESENT: J:H. Fitzpatrick, City Clerk; R.D. Miller, City Admin- istrative Officer; Allen Grimes, City Attorney Charter Revision Members. PRESENT: Foster Gruber, Mary Rhodes, Dean.Miller, Robert Leitcher, Ella Todd 1. The City Council met with the Charter Revision Committee and reviewed their recommendations for revisions to be presented to the voters for consid- eration. Councilman Norris filed the following written comments on the Revised Charter. "My concerns relative to the proposed City Charter Revision include the`follow- ing: 1. Term of Mayor: I prefer the present system of allowing the.people to vote.for Mayor every two years. I am adamantly opposed to asking the people to sacrifice their right to elect a Mayor every two years. I propose that we direct staff to make the new Charter read like the old one relative to this issue. 2. Personnel Board: I am in.favor of the present system rather than have a Personnel Board as suggested. Members of the Council are the people's representatives. They are the only ones the people have a handle on. It is not right to delegate power to appointed people who do not have to answer the people. I propose that we direct staff to make the new Charter read like the old one relative to this matter. 3. Form of Government: - I prefer the present form of City Government which I understand to be "Council -City Administrator ". All five members of the Council represent all the people. 'I think each member of the Council should be equal as has worked.so well for so many years. I propose that we direct staff to change Section 201 and Section 406 to make the new Charter read like the old one relative to powers of the Mayor and Members of the City Council. ' 4. Filling Council Vacancies: The people deserve to have a say relative to who is going to represent them. I propose that we have staff revise Section 405 to state that Council vacancies will be filled by election. City Council.Minutes July 27, 1976 Page 2 5. Contract Requirements: We should keep the present $5,000 maximum on bids and that the Charter direct this according to the rise or fall of the construction index. I propose that we direct staff to properly word this for the public hearing draft. 6. Boards and Commissions: Eligibility, Appointment and Length of Time. ' Change Section 1202 to read that they.serve terms not to exceed 4 years or serve for a period of more than 8 years. I further recommend that we add a sentence stating that people may serve on only one committee, except in cases where they represent that committee on another. I am very strongly in favor of the following: 1. The_time,.effort and quality of work.the committee did relative to the proposed revision; 2. The way the proposed revision is organized; and 3. Limiting the length of service in one office to 8 years." Mayor Schwartz filed the following written comments on the Revised Charter. "Section 406, Add paragraph: "The Mayor shall present an-annual work program to the Council for its consideration at the first meeting in May. The Mayor -shall have the responsibility for forwarding the work program approved by the City Council." Section.408, Change: "COUNCILMAN "'TO "COUNCIL MEMBERS ". Section 409. Compensation. (Completely revised): "The Mayor and each Council Member shall receive compensation for' services as such,:payable monthly. The Mayor shall be compensated at a rate different from that of Council Members. The expenses incurred for Council- approved official business shall be reimbursed. Compensation for the Mayor and Council Members.shall. be reviewed, when warranted, adjusted bi- annually in odd - numbered years effective .July 1. Compensation shall be determined.by a 5 member Ad Hoc Committee. This committee to consist of the Chairpersons of the Planning Commission, the Citizen's Advisory Committee, and the Human Relations Commission who shall mutually select the managers located at-two banks in San Luis Obispo. The City Administrative Officer shall be responsible for impaneling the committee during the month of January;and.shall provide all data required by the committee for its work. The committee's determinations are to be submitted to the City Administrative Officer prior to May 1. The committee's recommenda- tions shall be final unless changed by the initiative process." Section 501. Omit third paragraph. Section 502. Delete: - "...or resolution..." in the first line. City Council Minutes July 27, 1976 Page 3 Section 705. Change: "COUNCILMEN" to "COUNCIL MEMBERS" Section 807. Change paragraph (c) 2 to read:. "For library purposes: Twenty cents (200." ' Section 901. Change: "$1,000.00" to, "$2000.00 ". 2nd paragraph, 4th line,. delete. "...at. least three..:" Section 904. 1st line, delete "...be.drawn up..." 1st line, add "...approved "for'legality by the City Attorney." Section 1201. 2nd line, delete "...authorities..." so as to read "...citizen's committees, commissions, and .boards as-required.;." Section 1202. Change: last sentence (page 18) to read "No committee member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms." Section 1206. ? ?? ' .Could not the functional review be made:by the Council periodically? Following the review of the written comments by Mayor Schwartz and Council - man Norris, the Council and Charter Review Committee Members present then reviewed the Revised. Charter; section by..section, page by-page. Page 1. No change. Page 2. No change. Page 3. No change. Page 4. Section.405. On motion of Councilman Petterson, seconded by Mayor Schwa rtz,•that the City'Council accept the Committee's recommendation that Council vacancies be filed by appointment. . Motion lost on the following vote: AYES: Councilman Petterson and Mayor. Schwartz NOES: Councilmen Graham and Gurnee ABSENT: Councilman: Norris Councilman Gurnee moved that Section 405 be amended to require all Council vacancies to be filled -by immediate election unless 'a State -wide election were to be held within three months. Motion lost for lack of a second. On motion of Councilman.Petterson, seconded by Mayor Schwartz, that the Committee adopt Section 405 as.recommended. Motion carried on the following vote: City Council Minutes July 27, 1976 Page 4 AYES: Councilmen Petterson, Graham and Mayor Schwartz NOES: Councilman Gurnee ABSENT: Councilman Norris Page 4. Section 406. On motion of Councilman Petterson, seconded by Councilman•Gurnee, that Section 406 be amended by.adding the following as Paragraph 2, "The Mayor shall present an annual work program to the Council for its con - sideration-at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council ". Motion carried.on the following vote AYES: Councilmen Petterson, Gurnee, Graham, and Mayor Schwartz NOES: None ABSENT: Councilman Norris Also drop the first sentence, Line 2, new Paragraph three, "By the courts for the purpose of serving civil process ".' Page 5. Section 408. Change "Councilman" to "Council Member ". Page.5. .Section 409_. On motion of Councilman Graham, seconded by Mayor Schwartz, that Section 409 be amended as follows: "The Mayor and each Council Member .shall receive ' compensation for services, as such, payable monthly. The Mayor shall be compensated at a rate different'from that of Council-Members. The expenses incurred.for Council- approved official business shall be reimbursed. Compensation for Mayor and Council Members shall be reviewed, when warranted, adjusted biennially in odd - numbered years effective July 1. Compensation shall be determined by a five member Ad Hoc.:Committee. This Committee to consist of the Chairpersons of three standing Committees, drawn by lot, and who shall mutually select the managers of two banks located in the City of San Luis Obispo. The City Administrative Officer shall be responsible for impaneling the Committee during the month of January and shall provide all data required by the Committee for its work. The Committee's determination shall be submitted to the Administrative Officer prior to May 1.- The Committee's recommendations shall be.finil unless changed by the initiative process." Motion carried. Page 5. Section 501. On motion of Councilman Graham,..seconded by Councilman Gurnee, drop paragraph three entirely. Motion carried. Page 5. Section 502. Drop "or resolution" in Line 1, Paragraph 1. Page 6.. No Changes. Page 7. No Changes. Page 8. Section 705. Change "Councilmen" to "Council Member" City Council Minutes July 27, 1976 Page 5 Page 9. Section 709: On motion of.Mayor"Schwartz, seconded by Councilman Petterson, that Section 709 be amended as follows: 1. Change title "Probation and Revised" to "Employment Policy ". 2. Drop Paragraphs 1 and 2 and add the following: "The City Council shall adopt a Personnel..Policy Ordinance, prescribing hiring; discharge and performance standards for Council appointees ". 3. Amend Paragraph 3, Line 2, to read: "six" to "three ". Motion carried. Page 10. No Change. Page 11. No Change. Page 12. Section 807 -C -2. Change: "For Library Maintenance: Twenty Cents (20(,)•" Page 12. Section 809. Paragraph (a), Line 5, drop words "Administrative Officer" and add "Clerk ". Page 13. Section 901. Paragraph 1, Line 2, drop the words "The construction, improvement" and on Line 3, drop the words "or repair of public facilities, or in ". 6:00 p.m.', Councilman Gurnee left the meeting. Page 14. Section 904. First sentence amended to read. "...all contracts shall be approved as to form and legality by the City'Attorney." Page 15. No Changes. Page 16. No "Changes. Page 17. Section 1102. Drop second sentence." Page 17 & 18. Section 1202. .On motion of Mayor Schwartz, seconded by Councilman Graham, the .second sentence of Section 1202 be amended to read "No Committee Member shall be appointed to a term exceeding four years. Committee members may be reappointed to serve additional terms ". Motion carried on the following vote: AYES: Councilmen Petterson, Graham and Mayor Schwartz NOES: None .ABSENT: Councilmen Gurnee and Norris On motion of Councilman Petterson, seconded by Councilman Graham, the City Clerk have the Charter corrections retyped and set August`16, 1976 for public hearing on the Charter. Also that the City Attorney prepare a resolution for August 2, 1976, to consolidate the Special "Charter Election with the November 2, 1976 General Election. Motion carried on the following vote: City Council.Minutes July 27, 1976 Page 6 AYES: Councilmen Petterson, Graham and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Norris 2. On motion of-Councilman Graham, seconded by Councilman Petterson, the meeting adjourned. Motion carried. All ayes. ' APPROVED: August 16, 1976 . Fitzpatrick, City Clerk 1 1