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Home My WebLink About04-28-1988 Minutes . City of San Bernardino, California April 28, 1988 This is the time and place set for an Adjourned Regu- lar Meeting of the Mayor and Common Council of the City of San Bernardino at their Adjourned Regular Meeting held at 5:10 p.m., Tuesday, April 26, 1988, in the Council Cham- bers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 5:10 p.m., Tuesday, April 26, 1988, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order, which was posted at 9:30 a.m., Wednesday, April 27, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor wilcox at 9:25 a.m., Thursday, April 28, 1988, in the Oak Room of California State University, San Bernar- dino, California. . ROLL CALL Roll Call was taken by Deputy City Clerk Martinez with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Deputy City Clerk Martinez. Absent: City Attorney Penman, Deputy City Administrator Robbins. PUBLIC COMMENTS There were no public comments. (A) PREVIOUS ESTABLISHED GOALS Mayor Wilcox made the opening remarks, stating that this was a good opportunity to look at the goals and ob- jectives that had been established at the Management Re- treat several years ago, and that these are the goals under which the Mayor's office and department heads have been working. Further, that these goals have to be reaf- firmed in order to have some direction. (1) A discussion arose as to the number of items on the agenda. It was pointed out that the purpose of the meet- ing was to be able to discuss the communication problems between the Mayor and Council office and to see what could be done to establish better lines of communication. . 1 4/28/88 . Council Member Minor made a motion, seconded by Council Member Reilly that items 3, 8, and 5 be taken in that order and the remaining items be taken in chronologi- cal order if time permits. The Council objected to Agenda Item 5, Departmental organization, chain of command, departmental division within the City, stating that this is a very broad subject to cover at this time. Counc i 1 Member Mi nor made a seconded by Council Member Reilly and that the following items be heard: substi tute motion, unanimously carried, 3. Enhanced communications between the Mayor and Council. 8. Legislative Review Committee - Ord. Providing notice on absence of Mayor or Council Members _ MOU draft. SENIOR ASSISTANT CITY ATTORNEY BARLOW ARRIVED At 9:45 a.m., Senior Assistant City Attorney Barlow arrived at the Council Meeting. . ENHANCED COMMUNICATIONS BETWEEN MAYOR AND COUNCIL The Council discussed at length the procedure in which Council Members and Mayor Pro Tempore should be notified in case of the Mayor's absence. Also discussed was the importance of the Mayor Pro Tempore to keep the Mayor advised of his/her absence, since the two are the Chief Executives of the City. (3) A discussion ensued relative to Council Members not being informed of studies being conducted in their wards. It was pointed out that a mutual agreement must exist whether by resolution, ordinance or M.O.U., in order to make communication proper between the Mayor and Mayor Pro Tempore. It was stated that Council Members' time does not allow them the opportunity to communicate with the Mayor, but that Council staff keeps the Council informed as to what is happening in their wards. It was suggested that communication should be directed to Council staff so that information can be funneled to Council Members. RECESS MEETING At 11:10 a.m., Mayor wilcox called for a 10 minute recess. . 2 4/28/88 . RECONVENE MEETING At 11:30 a.m., the Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino reconvened in the Oak Room of California State University, San Bernardino, California. ROLL CALL Roll Call was taken by Deputy City Clerk Martinez with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; Senior Assistant City Attorney Barlow, Deputy City Clerk Martinez. Absent: Deputy City Adminis- trator Robbins. ENHANCED COMMUNICATIONS BETWEEN MAYOR AND COUNCIL This is the time and place set to discuss procedures for enhancing communications between the Mayor and Common Council. (3) A lengthy discussion ensued relative to the Council's involvement in areas of administrative functions. It was stated that at times Council has taken action on matters that they were not knowledgeable about or did not have enough information. . It was also stated that on occasion, Council has requested information from department heads, relative to administrative functions, to present to the Councilor committees, and found that the information given by de- partment heads was without any evaluation or thorough indepth analysis. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 11:45 a.m., Council Member Pope-Ludlam left the Council Meeting. A discussion ensued relative to data requests by Council Members. SENIOR ASSISTANT CITY ATTORNEY BARLOW EXCUSED At 12:00 p.m., Senior Assistant City Attorney Barlow left the Council Meeting. CITY ATTORNEY PENMAN ARRIVED At 12:00 p.m., City Attorney Penman arrived at the Council Meeting. . It was stated that the Council was facing some tough issues including the budget and other major problems that have to be dealt with and that some kind of procedure or agreement must be adopted. 3 4/28/88 . Richard Bennecke, Executive Assistant to the Mayor, stated that the Mayor needs to communicate with individual Council Members, and vice versa, when there are issues that are of concern to one or more Council people. It was suggested that requests from Council Members be sent to the City Administrator's office so that time allocations can be given to projects and more complete staff work could be done. This would take the strain from Council Members trying to second guess what the meaning of the work is. It was also suggested that the Mayor and Council should notify each other whenever they are going to be out of town. The Council expressed their concern in that the em- ployees need to know that an effort is being made by the Mayor and Council to work as a team to eliminate these problems. It was suggested that a directive from the Mayor be sent to her staff instructing them to notify the Council Members of any meetings, demonstrations or any activities being held in their respective wards. This would give staff members specific direction as to what the Mayor wants the Council Member to know. It would then be the Council Member's decision whether or not to partici- pate. . It was pointed out that there is no policy or proce- dure to follow when investigating an malfeasance by a department head. Further, it was questioned as to who should handle the investigation and whether it should be reported to the Mayor and/or Council and what happens after the investigation. Council Member Minor made a motion, seconded by Council Member Flores and unanimously carried, that Mayor Wilcox, Council Member Minor, Council Member Reilly and a member of the City Attorney's office be appointed to an ad hoc committee to establish procedures, policies and rou- tine of reporting future wrong-doings by department heads. A lengthy discussion ensued regarding the no confi- dence vote taken by Council, relative to a department head and the impasse created by this action. It was questioned whether the new ad hoc committee or some other committee could be assigned to see if there was a way to solve the impasse. . Also discussed was the fact that the public is not fully aware of all the facts leading to the no confidence vote, since the Council cannot divulge what transpires in executive session without violating the law. 4 4/28/88 . City Attorney Penman stated that under the Charter, only the Mayor can take executive action. The Council has the responsibility of establishing and over-seeing the departments, and a no confidence vote is not a legal ac- tion of administering disciplinary action. COUNCIL MEMBER MINOR EXCUSED At 1:05 p.m., Council Member Minor left the Council Meeting. MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO WITH RESPECT TO NOTICE TO BE PROVIDED BY THE MAYOR, MAYOR PRO TEM AND THE FIRST ALTERNATE ON THEIR ABSENCE FROM THE CITY. (ORD. DRAFT) (8) Council Member Maudsley made a motion, seconded by Council Member Reilly and unanimously carried, that the draft of the MOU ordinance between the Mayor and the Com- mon Council with respect to notice to be provided by the Mayor, Mayor Pro Tern and the first alternate on their absence from the city be referred to the Legislative Re- view Committee with a report back. . Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the remaining items on the agenda be continued to the next Mayor and Council retreat. Council Member Maudsley made a motion, seconded by Council Member Flores and unanimously carried, that the meeting adjourn to Monday, May 2, 1988, at 9:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. nt!//JJ,,'t e y City rk L/ . 5 4/28/88