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Home My WebLink Aboutcity clerk notesCITY OF SAN BERNARDINO AGENDA FOR THL SPLGIAL PkILL i [NO OI 1 HL MA1 CR AND CI 11 COUNCIL OF 1 HL CIl Y OF SAN BLRNARGINO WEDNESDAY, MARCH 6, 2019 OPEN SESSION 5:00 PM COUNCIL CHAMBER 201 NORTH "E" STREET - SAN BERNARDINO, CA 92401 - WWW.SBCITY.ORG Theodore Sanchez John Valdivia James Mulvihill Sandra Ibarra VACANT Fred Shorett Henry Nickel Bessine L. Richard <:Q:!r�l•IL 'V`LIJUL F , A L41, 6 MA)'UR Andrea M. Miller Gary D. Saenz Georgeann "Gig!" Hanna (:I I 1 C:, LKI: David Kennedy Gi I ; TPLAS1'F._ H' Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 4:00 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3 -minute -per -person time limit for all comments, excluding quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. it will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk's Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk's Office or may be accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. r-or� Call to Order Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 VACANT Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Henry Nickel Council Member, Ward 6 Bessine L. Richard Council Member, Ward 7 James Mulvihill Mayor John Valdivia City Clerk Georgeann "Gig!" Hanna City Attorney Gary D. Saenz Citv Manaaer Andrea M. Miller STAFF REPORT Present Absent El 1. Discuss and provide direction to the City Attorney and staff regarding Chapter 2.02 of the San Bernardino City Municipal Code Recommendation: Provide Direction to the City Attorney and staff to Revise Chapter 2.02 of the San Bernardino City Municipal Code. a s p rz mo w/ ADJOURNMENTL q :Af 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 will be held on Wednesday, March 20, 2019 in the Council Chamber located at 201 North "E" Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. 6,A- /UX'a ey fiu. t6L.4; CERTIFICATION OF POSTING AGENDA I, Georgeann "Gigi" Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 6, 2019 special meeting of the Mayor and City Council was posted on the City's bulletin board located at 201 N. "E" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's website www.ci.san-bernardino.ca.us on Tuesay, March 5, 2019. I declare under the penalty of perjury that the foregoing is true and correct. wz`Q h's CA4 �A Georgeann "Gigi" Hanna, MMC,•City-Cerk S -- J 5 (� te�k PX i Arrived Late ❑ ��eb ❑ 1. Discuss and provide direction to the City Attorney and staff regarding Chapter 2.02 of the San Bernardino City Municipal Code Recommendation: Provide Direction to the City Attorney and staff to Revise Chapter 2.02 of the San Bernardino City Municipal Code. a s p rz mo w/ ADJOURNMENTL q :Af 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 will be held on Wednesday, March 20, 2019 in the Council Chamber located at 201 North "E" Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. 6,A- /UX'a ey fiu. t6L.4; CERTIFICATION OF POSTING AGENDA I, Georgeann "Gigi" Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 6, 2019 special meeting of the Mayor and City Council was posted on the City's bulletin board located at 201 N. "E" Street, San Bernardino, California, at the San Bernardino Public Library, and on the City's website www.ci.san-bernardino.ca.us on Tuesay, March 5, 2019. I declare under the penalty of perjury that the foregoing is true and correct. wz`Q h's CA4 �A Georgeann "Gigi" Hanna, MMC,•City-Cerk S -- J 5 (� te�k PX NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: March 5, 2019 SUBJECT: Special Meeting on March 6, 2019 NOTICE IS HEREBY GIVEN that the Mayor of the City of San Bernardino has called a Special Meeting to be held at 5:00 p.m., Wednesday, March 6, 2019 in the Council Chamber at 201 N. "E" Street, San Bernardino, California 92401. Said meeting shall be for the purpose of considering the following: STAFF REPORT 1. Discuss and provide direction to the City Attorney and staff regarding Chapter 2.02 of the San Bernardino City Municipal Code Recommendation: Provide Direction to the City Attorney and staff to Revise Chapter 2.02 of the San Bernardino City Municipal Code. ADJOURNMENT 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 will be held on Wednesday, March 20, 2019 in the Council Chamber located at 209 North "E" Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. 1. 2.02.060 Duties of the City Manager The City Manager shall perform the duties set out in Article IV, Section 401 of the City Charter, and such other duties as may be assigned to him or her by duly adopted ordinance. In addition to the authority and duties outlined in Article IV, Section 401 of the City Charter, the City Manager shall: A. Determine the items and order of such items on the City Council's meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include any agenda item_ requested by the presiding, officer of the City Council; and B. Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney of any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney, and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has the authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager -directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct; C. Sign all contracts, deeds, and other documents on behalf of the City when authorized to do so by the Mayor and City Council; and D. See that all franchises, permits and privileges granted by the City, and the provisions of all contracts to which the City is a party, are faithfully observed; and E. Consolidate or combine duties, offices, positions, departments or units under his direction, in consultation with the Mayor and the City Council. within the limits established by the Charter, this Code, or the annual budget; provided, however, that nothing herein contained shall be construed to supersede the authority of the Personnel Commission in the matter of disciplinary appeals; and F. Control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads; and G. Investigate as necessary all complaints and other matters concerning the administration of the City government. The Cita Attorney shall investigate any complaint involving the City Manap- and H. Close or restrict access to any and all public property owned or controlled by the City during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work; and Packet Pg. 4 I. Exercise general supervision over all public buildings, public parks, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer; and J. Designate City officers or employees of the City to exercise the powers authorized by Section 836.5(a) of the California Penal Code, including the issuance of citations for violations of the provisions of the San Bernardino Municipal Code pursuant to Sections 853.5 and 853.6 of the California Penal Code. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council; and K. Ensure the preparation, posting, and publication of City Council meeting agendas and of other Commission and Committee agendas in compliance with the law, as well as maintenance of the books and records of the City; and M. Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager or his or her authorized representative. The City Manager or his authorized representative shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the City's Purchasing System set forth in Chapter 3.04 of the San Bernardino Municipal Code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council; and N. Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the City. Packet Pg. 5 d 2.02.080 Mayor and Council's authority over the City Manager and other City employees w 0 N O with the Mayef and Geuneil's ability to k#ef-ae4 with a -lid dif-eet the staff pf-ey4difig sen4ees diFeetly te the Mayer- and City Getmeil under- the supeFY49ion of the Givy Manager, N V _ Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council c members shall deal with Cit} officers and employees who are subject to the direction and a supervision of the City Manager solely through the City Manager. and shall not Live orders to or w attempt to direct the work of such officers and employees either publicly or privately. Inquiries d may be made directly to officers and employees under the supervision of the City Manner with c the knowledge and consent of the City Mangger. c 0 The City Manager shall not unreasonably restrict the ability of the Mayor or any Council member to make inquiries directly to officers and employees under the supervision of the City d Manager. The City Manager shall ensure that the Mayor and Council members are fully > informed on all aspects of important emerging, issues, and shall provide timely and complete a responses to inquiries from the Mayor or Council members. The City Manager shall not withhold = relevant and material information from the Mayor or Council members. y - - U) An a Packet Pg. 6 04 the City > either - >d CL eo v with the Mayef and Geuneil's ability to k#ef-ae4 with a -lid dif-eet the staff pf-ey4difig sen4ees diFeetly te the Mayer- and City Getmeil under- the supeFY49ion of the Givy Manager, N V _ Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council c members shall deal with Cit} officers and employees who are subject to the direction and a supervision of the City Manager solely through the City Manager. and shall not Live orders to or w attempt to direct the work of such officers and employees either publicly or privately. Inquiries d may be made directly to officers and employees under the supervision of the City Manner with c the knowledge and consent of the City Mangger. c 0 The City Manager shall not unreasonably restrict the ability of the Mayor or any Council member to make inquiries directly to officers and employees under the supervision of the City d Manager. The City Manager shall ensure that the Mayor and Council members are fully > informed on all aspects of important emerging, issues, and shall provide timely and complete a responses to inquiries from the Mayor or Council members. The City Manager shall not withhold = relevant and material information from the Mayor or Council members. y - - U) An a Packet Pg. 6