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1990/12/07City Hallt Anaheimt California ~ COUNCIL MINUTES - December 7, 1990, 4:00 P.M. The Adjourned Regular Meeting of December 4, 1990 (Held December 7, 1990). PRESENT: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER: CITY ATTORNEY: CITY CLERK: Simpson, Daly, Ehrle and Hunter Pickler James Ruth Jack White Leonora N. Sohl Mayor Hunter called the adjourned regular meeting of December 4, 1990 to order at 4:02 p.m., all Council Members being present with the exception of Councilman Pickler. RECESS - CLOSED SESSION: Councilman Simpson moved to recess into Closed Session to continue discussion of Closed Session items on the December 4, 1990 agenda. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. AFTER RECESS: Mayor Hunter called the meeting to order all Council Members being present with the exception of Councilman Pickler. (4:20 p.m.) City Attorney White. At the Council's regular meeting on Tuesday (December 4, 1990), the Council requested his office to prepare some revised language relating to two proposed Charter measures plus the advisory measure relating to the creation of a Public Safety Benefit Assessment District. He has prepared language for Council consideration and the Council has a memorandum and two resolutions for consideration. He feels the most expeditious way to handle the matter would be to go through the Charter measures individually and determine which, if any of the alternatives, the Council may wish to place on the ballot. DIRECT ELECTION OF THE MAYOR: Regarding direct election of the Mayor, two alternative forms of language have been submitted under memorandum dated December 5, 1990, Proposed Charter Amendments and Advisory Measures for March 5, 1991, special election ballot, Alternate lA, page 1 and Alternate lB, page 2 with the only difference between the two, lB would restrict persons from keeping their Council seat if in mid term and running for the Office of Mayor. That person would then be required at the election to vacate their seat even if they lost the election for Mayor. MOTION: Councilman Hunter moved to approve the language in Alternative lA of the City Attorney's memorandum dated December 5, 1990. Councilman Ehrle seconded the motion. 1143 City Hall, Anaheim, California ~ COUNCIL MINUTES - December 7, 1990, 4:00 P.M. Before a vote was taken, Councilman Ehrle stated he feels it is time to eliminate the confusion of a person having to run for both offices - Council and Mayor. This would open up the election for everyone to be able to run. also would not necessarily exclude those in the City from running, even if a current Council Member. It Councilman Daly. He also supports Alternative iA. However, in the ballot summary where it says - "eliminate the requirement that candidates for Mayor have previous experience on the City Council," he suggested that it say, "any qualified citizens or any voter". City Attorney White. It would then say "allow any qualified elector to run for Mayor". The technical term is elector or it could say resident. Council Members agreed that that change would be more positive and clearer. A vote was then taken on the foregoing motion to place Alternative iA on the March 5, 1991 special election ballot with the wording change, "allow any resident to run for Mayor". Councilman Pickler was absent. MOTION CARRIED. COUNCIL COMPENSATION: City Attorney White. He has given the Council six alternatives under cover of the December 5, 1990 memorandum. In addition, he has prepared a seventh labeled 2G. Rather than creating specific dollar amounts in the Charter for salaries for Council Members and the Mayor, this alternative would tie the maximum compensation of Council and Mayor to the amounts established in the Government Code for Council Members in General Law Cities. Ninety to ninety five percent of the cities in California are General Law rather than Charter cities and are governed by State statutes relative to the amount of compensation paid. Currently in General Law Cities under State law, a City the size of Anaheim (250,000 or more) the maximum compensation is $1,000 a month and could be increased by a maximum of 5% per year by ordinance. MOTION: Councilman Hunter moved to place the seventh alternative, 2G on the March 5, 1991 special election ballot - "Shall Section 502 of the City Charter be amended to limit the salaries of the City Council and the Mayor to the same amount as established and authorized by State law for City Council Members in General Law (Non-Charter) Cities?" Councilman Ehrle seconded the motion. Before a vote was taken, Councilman Ehrle stated after reviewing the proposal, this alternative comes as close as possible to limiting salaries and also brings salaries into line with what most other cities are doing and puts the City on an even keel. He also believes it takes the politics out of the salary issue. A vote was then taken on the foregoing motion. Councilman Pickler was absent. MOTION CARRIED. 1144 City Hall. Anaheim. California m COUNCIL MINUTES - December 7, 1990, 4=00 P.M. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-440) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter thereupon offered Resolution no. 90R-440 for adoption ordering submission to the electors at the special municipal election to be held March 5, 1991 the two proposed amendments to the City Charter. Refer to Resolution Book. RESOLUTION NO. 90R-440: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION TO THE ELECTORS OF SAID CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 5, 1991, PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY. Roll Call Vote= AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter. None Pickler The Mayor declared Resolution No. 90R-440 duly passed and adopted. PUBLIC SAFETY BENEFIT ASSESSMENT DISTRICT: City Attorney White. This item is the advisory measure that the Council is considering relating to the creation of a Public Safety Benefit Assessment District. He has submitted proposed wording. It may be desirable to change the wording that actually is going to appear on the ballot to make it clear =hat the Public Safety personnel being referred to includes Police Officers and Fire Fighters. If so, the language that would actually appear on the ballot can be changed to read as follows: "Should the City Council create a Public Safety Benefits Assessment District to finance the cost of providing additional Police Officers and Fire Fighters for the City". Mayor Hunter. He recommends that it be Police Officers, Fire Fighters and Paramedics. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-441). Councilman Hunter moved to waive the reading in full of the resolution. Councilman Ehrle seconded the motion. Councilman Pickler was absent. CARRIED. MOTION Councilman Hunter offered Resolution No. 90R-441 for adoption, including the wording change to state Police Officers, Fire Fighters and Paramedics for the City of Anaheim. Refer to Resolution Book. 1145 City Hall, Anaheim, California - COUNCIL MINUTES - December 7. 1990, 4:00 P.M. RESOLUTION NO. 90R-441: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SETTING FORTH ANADVISORY PROPOSAL CONCERNING THE CREATION OF A PUBLIC SAFETY BENEFIT ASSESSMENT DISTRICT TO BE VOTED UPON AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 1991. Roll Call Vote: AYES= COUNCIL MEMBERS= Simpson, NOES= COUNCIL MEMBERS= None ABSENT= COUNCIL MEMBERS= Pickler Daly, Ehrle and Hunter. The Mayor declared Resolution No. 90R-441 duly passed and adopted. City Clerk Sohl. She asked the Council if they wished to adopt a resolution directing the City Attorney to prepare impartial analyses on the three measures just adopted and whether or not they wish to designate Members of the City Council to write arguments in favor or against. If the option is left open and the Council Members decide to write arguments, they can do so. By saying that the Council will write the arguments, they will be reserving that right to themselves. Councilman Daly. The Council wants to reserve the right but not necessarily exercise the right. City Clerk Sohl. The resolution then will only direct the City Attorney to prepare impartial analyses. WAIVER OF READING - RESOLUTION: The title of the following resolution was read by the City Clerk. (Resolution No. 90R-442) Councilman Hunter moved to waive the reading in full of the resolution. Councilman Daly seconded the motion. Councilman Pickler was absent. MOTION CARRIED. Councilman Hunter offered Resolution No. 90R-442 for adoption directing the City to prepare impartial analyses of the additional measures to be placed on the special election March 5, 1991 ballot. Refer to Resolution Book. RESOLUTION NO. 90R-442: A HESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES. Roll Call Vote: AYES: COUNCIL MEMBERS: Simpson, Daly, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler Ehrle and Hunter. The Mayor declared Resolution No. 90R-442 duly passed and adopted. 1146 City Mall, Anaheimr California ~ COUNCIL MINUTES - December 7r 1990, 4:00 P.M. City Clerk Sohl then announced that an argument in favor or against is due in her office by Friday, December 14, 1990 at 5=00 p.m. She is working with the time frame given her by the Registrar of Voters since they will be doing all of the set-up of the ballot and booklet. The argument(e) shall consist of no more than 300 words. ADJOURNMENT: of December 4, 1990 (December 7, 1990). motion. Councilman Pickler was absent. LEONORA N. SOHL, CITY CLERK Councilman Hunter moved to adjourn the adjourned regular meeting Councilman Simpson seconded the MOTION CARRIED. 1147