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HomeMy WebLinkAbout07-21-2011 Jt. Adj MinutesCITY OF SAN BERNARDINO 300 N. `D "Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JULY 21, 2011 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO. CA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, July 18, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 5:07 p.m. on July 21, 2011, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Vacant: Second Ward. Council Member/Commissioner Kelley left at 6:27 p.m. 07/21/2011 1 2. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. The Mayor and Common Council did not recess to closed session during this meeting. Mayor and Common Council Procedures and Operational Guidelines Mayor/Chairman Morris stated that the purpose of the meeting was to discuss the Operational Guidelines to be used by the City Council in the future relative to its meetings and procedures. He stated that this was an ongoing conversation that was initiated back in March of 2010 at the "Building a Better Community" retreat held that spring wherein discussions began about how to enhance the professionalism, effectiveness and efficiency of the Council as it does the City's business. That conversation was re-engaged this spring, in April, and ultimately this workshop was scheduled for the purpose of looking at possible ways the Mayor and Council could enhance their ability to deliver good decisions to the public in an efficient, civil and professional way. 2 07/21/2011 Mayor/Chairman Morris introduced William Mathis, Doctor of Psychology and Management, a graduate of the University of North Dakota, and a published author of a host of articles about the very subjects that they would be discussing this evening. He stated that Dr. Mathis is currently engaged with the Mathis Group in advising 39 cities in the state of California in 12 different counties on the issues of how to do the public's business in a more coherent and intelligent way. Mayor/Chairman Morris stated that the Assistant City Manager had drafted a set of items to be discussed—items that have been suggested over the last year and one-half by Council Members that would allow them to perhaps operate in a more efficient and professional way. Charles McNeely, City Manager, stated that Council Member Marquez had requested that the April 26, 2011 workshop be scheduled and that the operating guidelines be discussed. However, since they were unable to cover everything, the direction was that this was to be brought back to the City Council for further discussion. Mr. McNeely stated that a list of specific issues discussed at the April 26, 2011 workshop were included as Attachment A in the backup and, in an effort to assist the discussion, they tried to format it in a manner that would allow ease of reading, but it was virtually the same material and the same issues the Council had previously discussed. He added that Dr. Mathis would help facilitate the discussion and that staff was available to respond to any questions. Mayor/Chairman Morris stated that a flowchart had been prepared by the Assistant City Manager to use as a guide for the discussion. Dr. Mathis asked Council Member Marquez to explain why they were going through this exercise. Council Member/Commissioner Marquez stated that she believed the Council as a governing body needed to streamline and modernize. They need to be effective and efficient because they represent the people of the City of San Bernardino and they conduct the people's business. She stated that her philosophy is to work smarter, not harder. Dr. Mathis asked what the process of the meeting was going to be. Mayor/Chairman Morris stated that they had a flowchart of items the Council Members had indicated they wanted to discuss. Identified on the flowchart was the item, the current practice relative to that item, the recommended change, and the proposed motion, and he suggested that they follow that format. 3 07/21/2011 Council Member/Commissioner McCammack advised that the motion on the agenda was to review and discuss the procedures and operating guidelines; and direct staff accordingly, which prevented them from actually approving anything. City Attorney Penman stated that the Brown Act requires that any item on the agenda be worded sufficiently to give the general public knowledge of what is intended to happen. He advised that the Mayor and Council could make a motion to direct staff to do something like come back with a resolution or a document. Dr. Mathis clarified that the intent was to get some kind of consensus, but not a vote, and then it would come back as a resolution. Council member -elect Jenkins was invited to sit at the Council table and participate in the discussion, but was not allowed to vote on any of the issues on the agenda. The following issues were discussed at length and the consensus of the Council was as follows: A document entitled, "Comments to Recommended Changes to Council Office Operations" was distributed and submitted into the record by Council Member/Commissioner McCammack regarding Issue No. Al. Issue Al. Council Office Operations - Supervisory function of Council office staff Consensus: Keep current practice that all seven Council members give direction to Council services employees. Issue Bl. Procedural Rules for Meetings of the Mayor and Common Council - Update and specify procedures Consensus: Refer the matter to the Legislative Review Committee. Several pages taken from the Fair Political Practices Commission website regarding AB 1234 Local Ethics Training were distributed and submitted into the record by Council Member/Commissioner McCammack relative to Issue No. B2. Issue B2. Procedural Rules for Meetings of the Mayor and Common Council - Limit Council comment speaking time Consensus: Enforce time limitations on speaking per Resolution No. 97-221. 4 07/21/2011 3 Issue Cl. Mayor and Common Council Meeting Process and Order of Agenda Items - Order of items - presentations Consensus: Pre -tape all PowerPoint presentations and public service announcements and begin the service pin award ceremony at 1 p.m. Issue C2. Mayor and Common Council Meeting Process and Order of Agenda Items - Order of items - Council announcements Consensus: Keep the current practice of taking up announcements at the beginning of the meeting. Public Comments: Joe Ortiz, San Bernardino, CA. Adjournment The meeting adjourned at 7:41 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 1, 2011. 5 RACHEL G. CLARK, CMC City Clerk By Linda Sutherland Deputy City Clerk 07/21/2011