HomeMy WebLinkAbout10-03-2011 Jt. Reg Minutesk 17
CITY OF SAN BERNARDINO Mayor PoCounncilcfl b Morris
Members:
300 N. `D " Street Virginia Marquez
San Bernardino, CA 92418 Robert D. Jenkins
Tobin Brinker
Website: www.sbcity.org FredShorea
NUNUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 3, 2011
COUNCIL CHAMBERS
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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 1:34 p.m., Monday, October 3, 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 1:55 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):
James J. Brown v City of San Bernardino San Bernardino Police
Department; Officer Campbell in his individual capacity,• Officer Castro
in his individual capacity,- Offtcer Cardillo in his individual capacity and
DOES 1-50. Inclusive — San Bernardino Superior Court, Case No. CIVDS
1007751;
10/03/2011
Cedric May Sr.; Brenda Standifer• S.D.M. and SJM minors by and
through their guardian ad litem Sasha Braves; Maurice Jennings; Anthonv
Jennings: and Jashanda Standifer v ON of San Bernardino • Officer Joseph
Aguilar; Officer Jose Vasquez; Officer Bryon Clark Officer Langston
Canright Officer Melissa Flint Sergeant James Beach and Does 1-10
Inclusive — United States District Court, Case No. ED CV 10-00978 VAP
(DTBx);
Maria D. Meiia• Salvador Melgoza; Ma. Guadalupe Melgoza v City of San
Bernardino; Does 1-10. Inclusive — United States District Court, ED CV
11-00452 VAP (DTBx);
Estate of Terry Nash et al v City of San Bernardino et al — United States
District Court, Case No. CA-09-08671-RGK,-
Christina Renteria v. City of San Bernardino - San Bernardino Superior
Court, Case No. CIVDS 1010058;
Zimmon. Garrett v. City of San Bernardino et al — San Bernardino
Superior Court, Case No. CIDS906555; Court of Appeal, Fourth Appellate
District, Case No. E050314.
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:
Kendall Plaza LLC v. City of San Bernardino
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:
Fire Safety
Chief of Police
G. Conference with real property negotiator — pursuant to Government Code
Section 54956.8.
10/03/2011
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Under Agenda Item No. 1B, significant exposure to litigation:
Randy Kuettle v. City of San Bernardino.
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland 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
Mayor/Chairman Morris requested a moment of silence in memory of Private First Class
Carlos A. Aparicio.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Dr. Lewis S. Leon of the Highland Congregational
Church. The pledge of allegiance was led by Faith Theisen, a sixth grade student at
Thompson Elementary School.
2. Appointment — Kathy Mallon — Senior Affairs Commission — Council Member
Kelley
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the appointment of Kathy Mallon to the
Senior Affairs Commission, as requested by Council Member Kelley, be approved.
The motion carried unanimously.
3. Presentations and Proclamations
A proclamation designating the month of October 2011 as National Planning
Month was presented to George Rawls, member of the Planning Commission.
A proclamation designating October 9-15, 2011, as Fire Prevention Week was
presented to Fire Chief Michael Conrad and Public Education Officer Manny
Sedano. Fire Prevention Officer Judy Croteau announced that the Fire
Department's Annual Open House would be held on Saturday, October 8, 2011,
between the hours of 10 a.m. and 2 p.m., Central Fire Station, 200 E. Third Street.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
provided an update on the Regal Theater Project. Lori Panzino-Tillery, Economic
Development Manager, gave a PowerPoint presentation regarding the activities of
the Office of Business Development.
Chamber of Commerce announcements were presented by Jasmine Avakian.
3 10/03/2011
4. Announcements
Announcements were made by the Mayor, members of the Common Council, and
elected officials regarding various civic/community events and activities.
5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that fall reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission dated October 3, 2011, be waived. The motion carried
unanimously.
6. Claims and Payroll
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that the claims and payroll and the authorization to
issue warrants as listed in the memorandum dated September 29, 2011, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the personnel actions, including the
employment agreement between the City and Robert Handy, newly appointed
Chief of Police effective October 17, 2011, as submitted by the Chief Examiner,
dated October 3, 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 with Kelley voting
"no."
Council Member/Commissioner Kelley explained that the reason for his "no" vote
had to do with Line No. 22 of the employment agreement with Robert Handy.
8. RES. 2011-278 — Resolution of the Mayor and Common Council of the City of
San Bernardino designating Hinderliter, De Llamas (HDL) as the authorized
City representative to examine Transactions (sales) and Use Tax records, and
designating the City Manager, Assistant City Manager, the Director of
Finance and the Deputy Director of Finance as the City officers authorized to
receive information contained in, or derived from, the Transactions (sales) and
Use Tax records, and rescinding Resolution 2010-350.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-278 was adopted unanimously.
4 10/03/2011
9. An urgency ordinance and non -urgency ordinance authorizing an amendment
to the contract between the California Public Employees' Retirement System
and the City of San Bernardino establishing a two-tier retirement benefit
formula from 2.7% @ 55 to 2% @ 55 for new miscellaneous employees
ORD. MC -1365 — An Urgency Ordinance of the City of San Bernardino
authorizing an amendment to the contract between the City of San Bernardino
and the Board of Administration of the California Public Employees'
Retirement System; declaring the urgency thereof and taking effect
immediately. URGENCY (9A)
An Ordinance of the City of San Bernardino authorizing an amendment to the
contract between the City of San Bernardino and the Board of Administration
of the California Public Employees' Retirement System. FIRST READING
(9B)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said Urgency Ordinance A, be adopted; and
that said Ordinance B, be laid over for final adoption. The motion carried and
Ordinance No. MC -1365 was adopted unanimously.
10. RES. 2011-279 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Sinfonia
Mexicana for the promotion of Arts and Culture.
Council Member/Commissioner Johnson requested information as to what groups
are being funded and how the money is being used.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-279 was adopted unanimously.
11. RES. 2011-274 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute the First
Amendment to the FAS Standard Contract with the County of San
Bernardino for the lease of a portion of the Delmann Heights Community
Center to be used for the Head Start Program.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2011-274 was adopted unanimously.
5 10/03/2011
12. RES. 2011-275 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement with the
California Highway Patrol to use the City of San Bernardino Police
Department's firing range.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2011-275 was adopted unanimously.
13. RES. 2011-276 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement for the City of
Redlands Police Department to use the City of San Bernardino Police
Department's firing range.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2011-276 was adopted unanimously.
14. RES. 2011-277 — Resolution ratifying the submittal of Transportation
Development Act (TDA) Article 3 Application to San Bernardino Associated
Governments (SANBAG).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2011-277 was adopted unanimously.
15. Public Hearing - An Ordinance of the Mayor and Common Council of the City
of San Bernardino amending Section 19.06.025 "Prohibited Uses" of the
Municipal Code (Development Code) to permit single -price overstock/
discount stores, self-service laundry facilities and party supply stores meeting
minimum floor area standards in commercial land use districts subject to a
conditional use permit. FIRST READING
Council Member/Commissioner McCammack stated that language changes needed
to be made in order to reduce the possibility of misinterpretation of the retail
outlets. She requested a two-week continuance.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of October 17, 2011. The motion carried
unanimously.
6 10/03/2011
16. RES. 2011-280 – Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the San Bernardino City Fire Department
(SBCFD) to enter into a Cooperative Agreement with the United States
Department of Agriculture (USDA), San Bernardino National Forest, relating
to fire protection and rescue services within the mutual threat zone. (Continued
from September 19, 2011)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-280 was adopted unanimously.
17. Public briefing and discussion to inform the Council as a whole and the
residents of San Bernardino regarding recent federal enforcement actions at
the San Bernardino International Airport and the Inland Valley Development
Agency relative to the City's budgetary obligations between the City, the San
Bernardino International Airport, and the Inland Valley Development Agency
City Manager McNeely pointed out that there are only three areas that the City is
financially impacted directly by this—the Police Department, the Fire Department,
and Community Development, and most of those are service agreements and
reimbursement agreements. For example, in the Police Department, a sergeant is
assigned to oversee the security at the airport and that amount is built into the
budget on an annual basis. If something should happen and that service was no
longer being provided, the sergeant would be reassigned. He stated that if we don't
render the service, we won't get billed.
He stated that he has not read the documents that set up IVDA and he is not aware
of the liability that would be incurred by the City based upon the decisions of the
representatives from here or any other agencies. He stated that he would be happy
to meet with Tim Sabo or with special counsel to talk about this and report back to
the Council.
Public Comments:
Paul Sanborn, San Bernardino, CA;
Roger Henderson, San Bernardino, CA;
Ron Coats, San Bernardino, CA;
James Tate, San Bernardino, CA;
Barbara Babcock, San Bernardino, CA;
Laurie Stalnaker, Executive Officer for the AFLCIO for San Bernardino and
Riverside Counties;
Mike Hartley, San Bernardino, CA;
Jim Smith, San Bernardino, CA;
Joe Arnett, San Bernardino, CA, prepared a written statement dated October 3,
2011, which was read into the record by Council Member McCammack.
10/03/2011
Discussion ensued regarding potential lawsuits, transparency, and the
mismanagement of tax dollars.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Council direct the City
Manager to be prepared with alternative budget options if, and or when, current
contractual obligations and corresponding revenues between the City, the San
Bernardino International Airport, and the Inland Valley Development Agency
suffer due to the pending Federal Bureau of Investigation's findings. The motion
carried with Marquez, Shorett and Johnson voting "no."
18. San Bernardino County Office of Homeless Services Report on the City of San
Bernardino indicators of potential homelessness
Tom Hernandez, Manager of the San Bernardino County Office of Homeless
Services, gave a PowerPoint presentation entitled, "Getting Involved Solving
Homelessness Together."
Mr. Hernandez stated that the Interagency Council on Homelessness (ICH) meets
every two months and he requested that the agenda and minutes be included as part
of the City's consent calendar.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the report from the San Bernardino County
Office of Homeless Services be received and filed. The motion carried
unanimously.
19. 2011 League of California Cities Annual Conference and Expo
Council Member/Commissioner Kelley provided a brief report to the Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the report be received and filed. The
motion carried unanimously.
20. Create four new payroll line items to City Employees' Voluntary Charitable
Contribution Choices
Council Member/Commissioner Shorett stated that he supported this item;
however, he wanted to move it from the Legislative Review Committee (LRC) to
the Ways and Means Committee.
Council Member/Commissioner McCammack stated that her concern was that the
recommended motion was to rescind the prior action taken by the Council and that
the matter then be referred to Ways and Means.
8 10/03/2011
She advised that Ways and Means is the "way" and the "means," aka, the money
needed to do something. She stated that this action was not to spend money on
something, it was to receive money, and once the four line items were established,
then the policy would be created through the City Manager's office and would
come back as a resolution. She added that resolutions regarding policies go to
LRC, but it could go to both. It was referred to LRC first in terms of the criteria,
through the City Manager's office for the policy regarding said criteria, then it was
supposed to come back to the Council, and then they could refer it to Ways and
Means.
Public Comments:
Paul Sanborn, San Bernardino, CA;
Doug Rowand, San Bernardino, CA, President of Arrowhead United Way;
Mike Hartley, San Bernardino, CA;
Sharon Blechinger, San Bernardino, CA;
Tammy Collins, Yucaipa, CA;
Carol Bradshaw, San Bernardino, CA;
Christina Milian, Highland, CA;
Jayne Zyllman, San Bernardino, CA;
Dr. Pamela Miller, Highland, CA;
Michelle Guthmiller, Highland, CA;
Diane Holmes, West Cajon Valley, CA
Lori Stalnaker, Executive Officer for the AFLCIO for San Bernardino and
Riverside Counties;
Ron Coats, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be tabled. The motion
carried unanimously.
21. RES. 2011-281— Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a purchase order in the amount of $2,000 to
IQM2, Inc. for additional software configuration and support assistance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2011-281 was adopted unanimously.
COMMUNITY DEVELOPMENT COMMISSION
No Community Development Commission items were submitted for consideration.
10/03/2011
22. Public Comments
Betty Jean Long, San Bernardino, CA, spoke about the Council's conduct; stated
that the City is spending more money than it has; stated that the Police and Fire
Departments should be left alone to do their jobs; and announced that she intends to
run for Mayor in 2013.
Paul Sanborn, San Bernardino, CA, submitted an article into the record entitled
"California's Enterprise Zone Program," and suggested the City look at the sbX
Project as a possible enterprise zone.
Barbara Babcock, spoke about the debate that was held in the Council Chambers
on September 27, 2011.
David McKenna, San Bernardino, CA, stated that he wanted to be a City Attorney
for the City of San Bernardino and its citizens l 10 percent; and he pledged, and he
asked Mr. Penman to pledge, that he would not run for any other office, including
the Mayor's office in 2013.
Jim Smith, San Bernardino, CA, spoke regarding the upcoming election and the
need for change.
23. Adjournment
The meeting adjourned at 7:08 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, October 17, 2011.
RACHEL G. CLARK, CMC
City Clerk
Deputy City Clerk
10 10/03/2011