Title
Minutes of the Special Joint City Council and Successor Agency to the Community Improvement Commission Meeting Held on April 20, 2021. [SACIC] (City Clerk)
Body
UNAPPROVED
MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
COMMUNITY IMPROVEMENT COMMISSION (SACIC)
TUESDAY- -APRIL 20, 2021- -6:59 P.M.
Mayor/Chair Ezzy Ashcraft convened the meeting at 7:06 p.m. Councilmember/Commissioner Daysog led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers/Commissioners Daysog, Knox White, Spencer, Vella and Mayor/Chair Ezzy Ashcraft - 5. [Note: The meeting was held via Zoom.]
Absent: None.
CONSENT CALENDAR
Expressed appreciation for timely completion of the audit; discussed outside audit issues, which could be recurring; stated having more staff to help with the audit process could resolve some of the material weakness items; urged Council help further staff the Finance Department: Kevin Kearney, City Auditor.
Councilmember/Commissioner Herrera Spencer inquired whether the Auditor and Treasurer make prior arrangements with staff in order to speak on matters of the agenda; questioned what the policy is for elected speakers.
The City Clerk responded the audit was placed on the Consent Calendar; stated there are no presentations for Consent items; anyone wishing to speak on a matter is done as public Comment.
Councilmember/Commissioner Herrera Spencer stated other elected officials have previously been allowed significant time to present; requested clarification about the policy when another elected official speaks on an item of financial significance; expressed support for pulling an item to allow further comments to be made; questioned whether a motion is needed to allow further speaking time; stated that she would like to avoid cutting off elected speakers in the future.
The City Clerk stated the newly revised Rules of Order for the Consent Calendar only allow members of the public to address the Council once on the entire Consent Calendar; stated Consent Calendar items are considered routine, there are no presentations, and only the Council may discuss the matter if a Councilmember pulls an item,; if there be an agenda item, such as a State Assemblymember giving a presentation, the Assemblymember would be allowed the same ten minute time limit as all presentations; when Consent Calendar items are pulled, there is no additional public discussion; any of the Rules can be suspended by a vote of four Councilmembers.
Councilmember/Commissioner Herrera Spencer stated that she does not think it is appropriate to cut-off elected officials; questioned whether it is appropriate for her to make a motion to allow the Auditor to complete his comments.
The City Clerk responded in order to suspend any Rule, a motion and a vote of four Councilmembers is needed.
Councilmember/Commissioner Herrera Spencer moved approval of allowing the City Auditor an additional two minutes of speaking time to complete his comments.
Councilmember/Commissioner Knox White seconded the motion, which failed by the following roll call vote: Councilmembers/Commissioners Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: No; and Mayor/Chair Ezzy Ashcraft: No. Ayes: 3. Noes: 2.
Councilmember/Commissioner Daysog stated that he appreciates the comments provided by the City Auditor; the City Auditor is a Charter position and is elected; the position is meant to provide independent review of financial documents.
Councilmember/Commissioner Knox White expressed support for the City Auditor; stated that he would have liked to provide more speaking time.
Vice Mayor/Commissioner Vella proposed the next audit return with a presentation from the City Auditor versus under public comment; expressed support for the work performed by staff on the audit.
Vice Mayor/Commissioner Vella moved approval of accepting the audit report.
Councilmember/Commissioner Daysog seconded the motion.
Under discussion, Councilmember/Commissioner Herrera Spencer stated that she is disappointed in Council for not allowing an elected official to speak on the matter; the audit is within the City Auditors purview; it is sad that he was not shown professional courtesy; she will vote no on the matter due to not hearing a report from the Auditor; it is unfortunate that the matter unfolded as it did; it is important for the Auditor to speak on an item under his purview.
Councilmember/Commissioner Daysog outlined Section 4-2 of the City Charter; stated the responsibility is listed in the City Charter.
The City Manager stated staff can place the matter on the Regular Agenda in the future and ensure the City Auditor is part of the presentation with the Finance Director.
Vice Mayor/Commissioner Vella inquired whether there is an issue with Council approving the matter since a Charter issue raised.
The City Attorney responded in the negative; stated the City Manager has worked with the City Auditor in providing for the audit.
The City Manager noted the City Auditor has reviewed the outside audit.
The City Attorney stated given the review and approval of the audit, Council may vote on the matter.
Councilmember Herrera Spencer stated that she respectfully disagrees; it is appropriate to allow an elected official to speak on matters put forth as duties in the City Charter; the City Manager is not an elected official and it is not within the City Manager’s responsibility to speak on behalf of the City Auditor.
Councilmember/Commissioner Knox White made a substitute motion: moved approval of the Consent Calendar.
Vice Mayor/Commissioner Vella seconded the motion, which carried by the following roll call vote: Councilmembers/Commissioners Daysog: No; Herrera Spencer: No; Knox White: Aye; Vella: Aye; and Mayor/Chair Ezzy Ashcraft: Aye. Ayes: 3. Noes: 2. [Items so enacted or adopted are indicated by an asterisk preceding the paragraph number.]
(*21-244 CC/21-08 SACIC) Minutes of the Special Joint City Council and Successor Agency to the Community Improvement Commission (SACIC) Meeting Held on March 16, 2021. Approved.
(*21-245 CC/21- 09 SACIC) Recommendation to Accept the Investment Report for the Quarter Ending December 31, 2020. Accepted.
(*21-246 CC/21-10 SACIC) Recommendation to Accept the Fiscal Year 2019-20 Audited Financial Statements and Compliance Reports. Accepted.
ADJOURNMENT
There being no further business, Mayor/Chair Ezzy Ashcraft adjourned the meeting at 7:24 p.m.
Respectfully submitted,
Lara Weisiger, City Clerk and Secretary, SACIC
The agenda for this meeting was posted in accordance with the Sunshine Ordinance.