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Home My WebLink About03-14-2017 MCC MinutesCity of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Minutes of the SPECIAL MEETING of the MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESDAY, MARCH 14, 2017 EDA BOARD ROOM The Joint Special Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Davis at 6:00 PM, Tuesday, March 14, 2017, in the EDA Board Room, 201 North "E" Street, San Bernardino, CA. City Attorney Gary Saenz led the Pledge of Allegiance. Mayor and City Council of the City of San Bernardino Page 1 Printed 3/15/2017 Joint Special Meeting MINUTES March 14, 2017 Call to Order Attendee Name Virginia Marquez Benito J. Barrios John Valdivia Fred S_horett Henry Nickel Bessine_L._Richard James Mulvihill R. Carey Davis _Georgeann "Gigi" Hanna Gary D. Saenz Mark Scott Open Session 1. City Clerk _Title_ Council Member, Ward 1 Council Member, Ward 2 Council Member, Ward 3 Council Member, Ward 4 Council Member, _Ward 5 Council Member, Ward 6 Council Member, Ward 7 Mayor City Clerk City Attorney City Manager Waive Full Reading of Resolutions and Ordinances _Status Absent Absent Late Arrived 6:10 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Present 6:00 PM Approved Motion: Waive Full Reading of Resolutions and Ordinances on the agenda dated March 14, 2017. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Valdivia, Shorett, Nickel, Richard, Mulvihill 2. City Manager Discussion- Charter Implementation Speaker Jim Smith City Manager Mark Scott opened the workshop explaining that implementation of the new Charter is taking some time because it requires Municipal Code changes, review of administrative regulations, policies and employee agreements. The Council will need to direct some of the coming changes, and staff had prepared a work plan that would be a checklist of those issues the Mayor and Council would be reviewing in the coming weeks via various work sessions. The three ordinances in the agenda packet are the most critical time -wise and that is why they were brought forward first, he said. Scott introduced Kimberly Barlow, special counsel to the city on Charter implementation, who went through the March 7, 2017 memo to the MCC, discussing the immediate changes required by the new charter, the impact of the new charter on the City Manager's ability to reorganize staff, the scope of the Mayor and City Council of the City of San Bernardino Page 2 Printed 3/15/2017 Joint Special Meeting MINUTES March 14, 2017 ongoing contract with the elected Clerk, Attorney and Treasurer, and the impact on boards and commissions. The three ordinances in the agenda packet covered these issues and will be in the agenda packet on Monday March 20, 2017 for official introduction, she said. MS. Barlow recommended the appointment of the City Manager within 60 days to be in line with the new Charter. After questions from Council members about boards and commissions, Ms. Barlow said that the Council may want to combine the function of several of them, that San Bernardino has more than any city she's ever seen. Mr. Scott concurred that a periodic review of boards and their functions is important. City Attorney Gary Saenz said that the new Charter makes significant changes in what constitutes a voting quorum. Councilmember Shorett asked about breaking a tie vote in those instances where the Mayor votes and there is a 4-4 split. In those cases, a split vote would mean the item failed, Saenz said. Council Member Valdivia said there needs to be a provision for breaking a tie, but Council Member Nickel said he likes the idea of having to confront a tie and work out the issues and if they cannot garner 5 votes for a critical decision, then the Mayor and Council need to reconsider the issue altogether. Ms. Barlow clarified that in those cases where the mayor is voting, the entire council does not need to be there, just a quorum. In reviewing the Ordinance repealing and replacing Chapter 2.02 of the Municipal Code (regarding the position of City Manager), there was discussion of the appropriate spending authority the City Manager should have without Council approval and where it should be delineated. Ms. Barlow said that spending caps are typically addresses in purchasing ordinances and that that can be addressed there. Assistant City Manager Andrea Miller suggested that the proposed ordinance state that the City Manager's spending authority is "subject to limitations set in other ordinances," and there was consensus. There was discussion about expanding the language under MC 2.02.060(L) to clarify that the City Manager's role in overseeing and supervising staff providing service to the Mayor and City Council was a supportive role. In reviewing the work plan, Ms. Miller said the next step would be to discuss the specifics of meetings and she said staff would provide a packet of previous actions the council has taken regarding conduct of meetings, and the conduct of Council Members at the meetings. Council Members questioned the need for another resolution directing how they would act at meetings, and mentioned one passed in the 1980s and 2010-252. Ms. Barlow passed out an ordinance setting the meeting day and times. Council Member Nickel said he did not like meeting Mondays because it did not give enough time to contact the City Manager with questions prior to a meeting. There was discussion of which day would be preferable and the council came to consensus on the second and fourth Tuesdays of the month, with Council Member Valdivia suggesting that open session begin after 5 and closed session Mayor and City Council of the City of San Bernardino Page 3 Printed 3/15/2017 Joint Special Meeting MINUTES March 14, 2017 be kept to an hour in length. Ms. Miller said that an ordinance to that effect would be included on the Monday March 20, 2017 agenda for the council to consider. 3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA Sandra Ibarra, San Bernardino, asked that action on the Water Department happen sooner rather than later because2015 rate increases were tied to the need for infrastructure improvements which have not yet begun. Jim Smith, San Bernardino, said he was pleased to see movement on Charter implementation. He also mentioned that the memorial service for Evelyn Alexander will be 10 a.m. Friday, March 17 at Mt. View Cemetery, with a reception following at the Native Sons of the Golden West lodge. Phil Savage, San Bernardino, said the Charter discussion was exciting and that the Charter Committee intended that the council have flexibility under the new Charter. He also discussed the issue of whether David Kennedy is interested in retiring. 4. Adjournment The meeting adjourned at 8:24 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, March 20, 2017, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Py Georgea 4 "Gigi" a, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 4 Printed 3/15/2017