HomeMy WebLinkAbout09-06-2011 Jt. Reg MinutesMayor Patrick J. Morris
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CITY OF SAN BERNARDINO Council Members:300 N. "D "$CYeet Virginia Marquez
Robert D. Jenkins
San Bernardino, CA 92418 robin Brinker
Website: www.sbciiy.org Fred Shorett
Chas Kelley
San Rikke Van Johnson
_. Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 6, 2011
COUNCIL CHAMBERS
The joint 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 1:33 p.m., Tuesday, September 6, 2011, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney
Penman; City Manager McNeely; City Clerk Clark.
Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley arrived at 1:37 p.m.
Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jamora Allen and Jarriel Allen, Jr., through their Guardian Ad Litem
Keyondra Marshall; Sherry Watson, Individually and as Representative
of the Estate of Jarriel Dashawn Allen; and Jerry Allen v. City of San
09/06/2011
Bernardino; Officer Adam Affrunti; and Officer Chris Gray - San
Bernardino Superior Court, Case No. CIVSS 805915;
Lorelei Geri Franske, et al. v. Jason B. Lim, et al. - San Bernardino
Superior Court, Case No. CIVDS 903488;
Cedric May Sr., Brenda Standifer, S.D.M. and S.J.M. minors, by and
through their guardian ad litem Sasha Graves, Maurice Jennings,
Anthony Jennings, and Jashanda Sandifer v. City of San Bernardino,
Officer Joseph Aguilar, Officer Jose Vasquez, Officer Byron Clark,
Officer Langston Canright, Officer Melissa Flint, and Sergeant James
Beach - United States District Court, Case No. EDCV 10-00978 VAP;
Martha Jo Peters v. City of San Bernardino, et al. - Riverside County
Superior Court, Case No. RIC 1100706;
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino - PERB Unfair Practice Charge No. LA -CE -714-M.
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:
American Traffic Solutions v. City
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.
Senior Assistant City Attorney Easland advised that the following items would
be discussed in closed session:
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Under Agenda Item No. 113, significant exposure to litigation:
Agenda Item Nos. 28 & 30
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
A moment of silence was observed in memory and honor of Mrs. Rose Brown.
Invocation/Pledge of Allegiance
The invocation was given by Elder Eddie Kelley of the Living Faith Gospel Church.
The pledge of allegiance was led by Bethany Sahagun, a fifth grade student at E. Neal
Roberts Elementary School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Deborah Okogba, a consultant working with the City Manager's office,
provided an update on the City's beautification day efforts; and Mayor Morris
presented a proclamation designating September 10, 2011, as City Pride City -
Wide day in the city of San Bernardino to Beverly Thomas of Southern
California Edison, and thanked her for Edison's participation in the cleanup
program.
Dr. Dora Barilla of the Loma Linda University Medical Center and Dr. Albert
Arteaga, Chair of the Board of Directors for the Latino Health Collaborative,
presented a $10,000 check to the City to help fund a master gardener for
oversight in building and sustaining community gardens throughout the city in
conjunction with the Healthy San Bernardino Project.
4. Announcements
Announcements were made by the Mayor, Members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
3 09/06/2011
5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated September 6, 2011, be waived.
The motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: June 20,
2011; June 28, 2011; and June 29, 2011. The motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated August 30,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated September 1, 2011, in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified. The motion carried
unanimously.
9. RES. 2011-251 - Resolution of intention authorizing an amendment to the
contract between the City of San Bernardino and the Board of
Administration of the California Public Employees' Retirement System.
(2% @ 55 for new miscellaneous employees)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-251 was adopted unanimously.
10. RES. 2011-252 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to tax defer
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California Public Employees' Retirement System member paid
contributions - IRC 414(h)(2).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-252 was adopted unanimously.
11. RES. 2011-260 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment No. 1 to the
Transitional Services Agreement between the City of San Bernardino and
Keith L. Kilmer.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-260 was adopted with Kelley and McCammack voting "no."
12. RES. 2011-253 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding with the City of San Bernardino Water Department and an
agreement with Federal Edge, Inc., for the purchase of a new Enterprise
Backup System.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-253 was adopted unanimously.
13. RES. 2011-261 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Memorandum
of Understanding between Omnitrans and the City of San Bernardino and
accept $336,000 of funding to be applied to the Nunez Park/Ruben Campos
Center Renovation Capital Improvement Project (PR04-38).
Council Member/Commissioner McCammack stated she would abstain because
Omnitrans is a business client. She left the Council chambers and returned after
the vote was taken.
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2011-2012 budget to
increase Revenue Account No. 243-160-4651-0000 by $336,000 and appropriate
$336,000 into Expenditure Account No. 243-160-5504-7495-0025 as outlined in
the staff report from the Director of Parks, Recreation and Community
Services, dated August 22, 2011. The motion carried and Resolution No.
2011-261 was adopted with McCammack abstaining.
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14. Item deleted
15. Item deleted
16. RES. 2011-254 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the
United States Department of Justice for the San Bernardino Police
Department to participate as a member of the Drug Enforcement
Administration (DEA) Task Force.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-254 was adopted unanimously.
17. RES. 2011-255 - Resolution of the City of San Bernardino authorizing the
execution of Memorandum of Understanding (MOU) C11223 with San
Bernardino Associated Governments (SANBAG) defining the roles and
responsibilities of the agencies for maintaining and operating San
Bernardino Valley Coordinated Traffic Signal Timing Program Tiers 1, 2,
3, and 4.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-255 was adopted unanimously.
18. RES. 2011-256 - Resolution of the City of San Bernardino approving
Amendment No. 1 to the 2 -year Capital Improvement Program (2008-2010)
for Measure I Local Expenditures.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-256 was adopted unanimously.
19. Item deleted
20. RES. 2011-257 - Resolution approving Jurisdiction Master Agreement No.
C12024 with the San Bernardino County Transportation Authority and the
City of San Bernardino for partial funding of eligible projects identified in
the Measure I 2010-2040 Strategic Plan under the Valley Major Street
Program -Arterial Sub -program.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-257 was adopted unanimously.
6 09/06/2011
21. RES. 2011-258 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the termination of the Third Amendment to
the Waste Delivery Agreement between the County of San Bernardino and
the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-258 was adopted unanimously.
22. RES. 2011-259 - Resolution of the City of San Bernardino authorizing and
directing execution of a License Agreement with San Bernardino
Community College District for an encroachment within "K" Street north of
Grant Street, within the City, for the installation, operation, and
maintenance of a private sewer pipeline.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-259 was adopted unanimously.
23. RES. 2011-262 - Resolution of the Mayor and Common Council authorizing
the execution of an agreement between the City of San Bernardino and the
San Bernardino Convention and Visitors Bureau dba Route 66 for in-kind
support services for the 22nd annual Stater Bros Route 66 Rendezvous.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-262 was adopted unanimously.
24. San Bernardino Hometown Military Banner Program
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the criteria for the San Bernardino
Hometown Heroes Military Banner Program be approved. The motion carried
unanimously.
Council Member/Commissioner Jenkins stated that he would like to see some
way to honor the families of those military personnel who have made the
ultimate sacrifice.
7 09/06/2011
25. Position reclassification - Community Development Department
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Mayor and Common Council: 1)
Reclassify Mobile Home Park Inspector position, Range 1490, $5,113 -
$6,215/month, to Building Inspector II position, Range 1460, $4,402 -
$5,351/month; 2) Delete Mobile Home Park Inspector position, Range 1490,
$5,113 - $6,215/month; 3) Authorize the Director of Finance to incorporate the
changes into the FY 2011/12 budget; and 4) Authorize the Director of Human
Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action.
The motion carried unanimously.
26. Position reclassification - Community Risk Reduction Division of the Fire
Department
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council: 1)
Establish Community Fire Risk Reduction Supervisor position, Range 2500,
$5,374 -$6,532/month; 2) Reclassify Fire Prevention Supervisor position,
Range 2480, $4,864 - $5,912/month, to Community Fire Risk Reduction
Supervisor position, Range 2500, $5,374 - $6,532/month; 3) Delete Fire
Prevention Supervisor position, Range 2480, $4,864 - $5,912/month; 4)
Approve job description as proposed; 5) Authorize the Director of Human
Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this
action; and 6) Authorize the Director of Finance to incorporate the changes into
the FY 2011/12 budget. The motion carried with Kelley and McCammack
abstaining.
27. Public Hearing - Amendment to Development Agreement No. 91-01
between the City of San Bernardino and the developer of the Inland Center
Mall (Continued from August 15, 2011.)
A resolution of the Mayor and Common Council of the City of San
Bernardino approving First Amendment to Development Agreement No. 91-
01 between the City of San Bernardino and the developer of the Inland
Center Mall, located at 500 South Inland Center Drive.
The hearing remained open.
Staff requested a two-week continuance.
8 09/06/2011
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of September 19, 2011. The motion carried
unanimously.
28. RES. 2011-263 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master
Services Memorandum of Understanding with the Water Department for
provision of City services for Fiscal Years 2010/2011 and 2011/2012.
(Continued from August 15, 2011.)
City Manager McNeely noted that both City staff and the Water Board had
recommended approval of this item.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-263 was adopted with Jenkins and Kelley voting "no" and
McCammack abstaining.
29. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of agreements and issuance of annual
purchase orders to All-star Fire Equipment in the amount of $60,000 and
Fisher Scientific Company L.L.C. in the amount of $10,000 for replacement
of protective clothing and equipment for structural firefighting. (Continued
from August 15, 2011.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be tabled.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that the Mayor and
Common Council reject all bids and that the matter be tabled. The motion
carried unanimously.
30. Full Cost Allocation Plan Report and Right of Way Study (Continued from
August 15, 2011.)
City Attorney Penman noted that this was a companion item to the Master
Services Agreement in Agenda Item No. 28.
9 09/06/2011
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council
authorize the Director of Finance to begin implementation of the Full Cost
Allocation Plan and Right of Way Study. The motion carried with Jenkins,
Kelley, and McCammack voting "no."
31. Create four (4) new payroll line items to City Employees' Voluntary
Charitable Contribution Choices
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the City Manager direct the
Director of Finance to create four (4) new payroll line items whereby City
employees may voluntarily donate to these specific four (4) existing bona fide
501(c)(3)s: Friends of the Park, Friends of the Library, H.E.A.L. (Helping
Every Animal League) and Friends of C.I.D. (Center for Individual
Development) and direct the City Attorney's Office in cooperation with the City
Manager's Office to draft the necessary legal documents; and that the City
Manager be directed to establish criteria for future similar requests that will be
presented to the Mayor and Common Council at a future Council meeting.
Mayor/Chairman Morris questioned whether they should have the criteria set
before they embark on approving any of the items.
Council Member/Commissioner Brinker stated that he would like the criteria to
include an annual survey of City employees as to where they would like to see
the money go. He noted that it would have to be something that provides a
service to the city.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Shorett, that the City Manager direct the
Director of Finance to create four (4) new payroll line items whereby City
employees may voluntarily donate to these specific four (4) existing bona fide
501(c)(3)s: Friends of the Park, Friends of the Library, H.E.A.L. (Helping
Every Animal League) and Friends of C.I.D. (Center for Individual
Development) and direct the City Attorney's Office in cooperation with the City
Manager's Office to draft the necessary legal documents; and that the City
Manager be directed to establish criteria for future similar requests that will be
presented to the Mayor and Common Council at a future Council meeting; and
that the matter regarding criteria be referred to the Legislative Review
Committee. The motion carried unanimously.
10 09/06/2011
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris, Council Members/Commissioners Marquez,
Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Easland; Economic Development Agency
Interim Executive Director Marzullo and Agency Counsel Sabo; City
Clerk Clark.
R32. RES. CDC/2011-56 - Resolution of the Community Development
Commission of the City of San Bernardino approving and ratifying the
filing of an Enforceable Obligations Payment Schedule as required by ABx1
26.
Council Member/Commissioner McCammack stated she would abstain because
$1.2 million was listed for the Omnitrans sbX system, and Omnitrans is a
business client. She left the Council chambers and returned after the vote was
taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-56 was adopted with McCammack abstaining.
Note: Although not related to Agenda Item No. R32, Mr. Marzullo distributed
the following two documents to the Mayor and Council:
• Regional Intelligence Report prepared by Beacon Economics, LLC -
September 2011
• Downtown Vision, Issue 15, July/August 2011
33. Public Comments
Betty Jean Long, San Bernardino, CA, stated that the City would have to quit
spending or it would go broke.
Ron Coats, San Bernardino, CA, provided a laundry list of all the things he
thinks are wrong with the City and those things that he thinks are right with the
City.
David McKenna, San Bernardino, CA, spoke regarding the City Attorney's
caseload and his refusal to reduce staff in order to have the necessary funds to
pay for the outside attorneys he has hired on behalf of the City.
11 09/06/2011
James Smith, San Bernardino, CA, stated that it is time for a change in San
Bernardino—time for a new City Attorney.
James Penman, San Bernardino, CA, refuted the comments made by Mr.
McKenna regarding the caseload of the City Attorney's office and endorsed
Amelia Sanchez -Lopez for City Clerk.
34. Adjournment
At 5:08 p.m., Mayor/Chairman Morris adjourned the meeting in memory of 12 -
year -old Jonathan Olagues, one of Council Member/Commissioner Brinker's
students at Frisbee Middle School in Rialto, who lost his life in a hit-and-run
accident while riding his skateboard.
The next joint regular meeting of the Mayor and Common Council and
Community Development Commission is scheduled for 1:30 p.m., Monday,
September 19, 2011.
RACHEL G. CLARK
City Clerk
By:L'A. C
Linda E. Hartzel
Deputy City Clerk
12 09/06/2011