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Home My WebLink About07.B- City Clerk 7.8 DOC ID: 1774 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigill Hanna MlCC Meeting Date: OS/21/2012 Prepared by: Linda Sutherland, (909) 384- 5002 Dept: City Clerk Ward(s): N/A Subject: Council Minutes (At Meeting of April 16, 2012, Item Continued to May 7, 2012; Item Continued to May 21, 2012.) Financial Impact: No Cost to the City Motion: Approve the minutes of the following meetings of the Mayor and Common Council and Community Development Commission, and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, as submitted: January 9, 2012; February 6, 2012; and March 19,2012. Supportinl! Documents: 01-09-2012 Jt. Regular (Draft) 02-06-2012 Jt. Regular (Draft) (PDF) (PDF) 03-19-2012 Jt Regular(PDF) u.u.'ut~t."{"U'Ufl&i\1';'iP4"U' :il!lI' ~;'I'i7:, ;k"~H'1% . ~~~ni Updated: 5/8/2012 by Linda Sutherland Page 1 7.B.8 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 http://www .sbcity.org Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Keiiey Rikke Van Johnson Wendy McCammack DRAFT MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 9, 2012 COUNCIL CHAMBERS <ii" " - " " ::;; " " " o U ... ~ ~ ~ - ~ .. ~ c ~ ~ " Ol " <r 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 Patrick J. Morris at 1:36 p.m., Monday, January 9, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. ... ..., N ~ o N , 0> o , ~ o Call to Order Attendee Name Title Status Arrived Patrick J. Morris Mayor Present Virginia Marquez Council Member, Ward I Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker Council Member, Ward 3 Present Fred Shorel! Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Mayra Ochiqui City Clerk Present Charles McNeely City Manager Present - " " E J:: " .. Ji! Mayor and Common Council of the City olSan Bernardino Pagel o.,~ '''..,h~ ~ .' fiI.tt H:~I ,i.......?j~i I ..... ....J Joint Regular Meeting MINUTES 1.B.a January 9, 2012 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Samuel Aguirre v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 100971; E. C.. a minor, bv and through his Guardian Ad Litem Maria Chacon v. City of San Bernardino, et a!. - Case No. CV 11-02919CAS (DTBx); Coradine Johnson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1005498; Sipple, et a!. v. City of Alameda, et a!. - Los Angeles Superior Court, Case No. BC 462270; Western Oilfields Supply Company, Inc. dba Rain For Rent v. Miramontes Construction Co.. Inc.. et a!. - San Bernardino Superior Court, Case No. CIVDS 1112867; City of San Bernardino Municipal Water Department v. Miramontes Construction Company, Inc. - San Bernardino Superior Court, Case No. CIVDS 1113200. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. 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 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. U> '" - ~ ~ :;; 'u ~ ~ o () " .... .... - - E' '" ~ " - ~ '" ~ Cl '" '" -' ..., N - C N , '" c , - c '-' ~ '" E .<: u '" :i Mayor and Common Council of the City of San Bernardino Page 2 n' ~_"" I' :ftf;;;~ "", . ";:'1"1 n'..r'...... .~.: .,' ~,. ""I~i...'. , ...."m...II.......: Joint Regular Meeting MINUTES 7:B... January 9,2012 City Attorney Penman annoutW,,~rl t1:~t ~hl..:: r-iJ!lowing additional case would be discussed in closed session under Agenda Item No. Ie, initiation of litigation: City of San Bernardino v. unnamed defendant Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the tilles of all 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 offormer State Senator Ruben Ayala. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church. The pledge of allegiance was led by Araceli Munoz, a sixth grade student at Bradley Elementary School. 2. Appointments A. Mavor's Office Appointment of George Gastel to the Senior Affairs Commission - Council Member Jenkins Motion: RESULT: MOVER: SECONDER: AYES: AWAY: B. Approve the appointment of George Gastel to the Senior Affairs Commission as requested by Council Member Jenkins. ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley Mavor's Office Appointment of Deborah Sterner Malley to the Parks and Recreation Commission - Council Member Jenkins Motion: RESULT: MOVER: SECONDER: AYES: AWAY: Approve the appointment of Deborah Sterner Malley to the Parks and Recreation Commission as requested by Council Member Jenkins. ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley Ui' .. - " t: ::;; U t: " o (J ... .... .... - ~ E o ~ '" " Ol .. '" .. ..., N - o N a. 'i' - o - t: .. E .t: U '" ;; <( Mayor and Common Council of the City of San Bernardino Page 3 Joint Regular Meeting MINUTES January 9, 2012 7.B.3 c. Mavor's Office Appointment of John M. Matley to the Bureau of Franchises - Council Member Jenkins. Motion: RESULT: MOVER: SECONDER: AYES: AWAY: 3. Approve the appointment of John M. Matley to the Bureau of Franchises as requested by Council Member Jenkins. ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Brinker, Shorett, Johnson, McCarnmack Chas A. Kelley Presentations A. Resolution Commending the 75th Anniversary of Stater Bros. Mayor Morris presented a Resolution of Commendation to S;ater Bros. and Jack H. Brown for their 75 years of commitment and dedication to the City of San Bernardino. B. SbX Construction Briefing Presentation - Westbound Communications Robert Chevez from Westbound Communications and Milind Joshi from Omnitrans provided a brief update of the "E" Street Corridor Bus Rapid Transit Project. c. Chamber of Commerce Announcements Chamber of Commerce announcements were presented by Ron Coats. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated January 9, 2012. lil " - ::l r:: :;: 'u r:: ::l o () .. .... .... ~ E" '" ~ Cl - ~ '" ::l Ol " '" ... ..., N ~ o ~ 0> 9 ~ o - r:: " E .r:: u '" - ;;;: Mayor and Common Council of the City of San Bernardino Page 4 Joint Regular Meeting RESULT: MOVER: SECONDER: AYES: B. City Clerk MINUTES 7.B.. January 9, 2012 ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Council Minutes Motion: RESULT: MOVER: SECONDER: AYES: c. Civil Service Approve the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission as submitted: October 17, 2011 and November 7, 2011. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Personnel Actions - Classified Discussion ensued regarding vacancies in the Fire Department and the consensus was to hold all promotions until after budget discussions. Henry Empeiio, Senior Deputy City Attorney, submitted into the record an email addressed to Community Development Director Margo Wheeler dated October 19, 2011, and an email addressed to City Manager Charles McNeely and Assistant City Manager Andrea Travis-Miller, dated November 16,2011, regarding Contract Principal Planner Mario Suarez. Public Comments: Matt Korner, San Bernardino, CA; Wendy McCammack, San Bernardino, CA; Jim Penman, San Bernardino, CA. Motion: Approve and ratify all classified personnel action appointments, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, except for Item No.9. .. ~ - ~ c :; 'i) c ~ o U ... .... .... - =- ~ Cl - ~ .!!1 ~ 01 ~ 0: ... .., N - o N , '" o , - o .. c ~ E .c " '" J;1 Mayor and Common Council of the City of San Bernardino Page 5 I~ ....."...'!!'"".......I 1l49" .... ..''A~j:1 "~". ," . , ,'~;Yc;r~,:/ Joint Regular Meeting MINUTES 7.8.3 January 9, 2012 RESULT: MOVER: SECONDER: AYES: Motion: RESULT: MOVER: SECONDER: AYES: Motion: RESULT: MOVER: SECONDER: AYES: NAYS: Motion: RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johoson, McCarnmack Approve and ratify all Police Department promotions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johoson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johoson, McCammack "iii" Q) - " c: :;; .u c: " o U ... .... .... - Continue Item No. I to January 23, 2012. CONTINUED [6 TO I] Next: l/23/2012 1:30 PM Rikke Van Johnson, Council Member, Ward 6 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett E" '" ~ Cl - ~ .!!! " Cl Q) '" Continue Item No.9 to January 23, 2012. ... ..., N - '" N , '" <;> - '" CONTINUED [5 TO 2] Next: l/23/2012 1:30 PM Virginia Marquez, Council Member, Ward I Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Shorett, Kelley, McCammack Tobin Brinker, Rikke Van Johoson - c: Q) E .r= u '" t< <l D. Community Development MC-1368 An Ordinance of the Mayor and Common Council of the City of San Bernardino Repealing Chapter 17.07 and Amending Chapter 19.28 of the Municipal Code to Update Plan Review Procedures and Water Conservation Standards. (FINAL READING) (Continued from December 19, 2011) Motion: Adopt Ordinance. Mayor and Common Council of the City afSan Bernardino Page 6 ',:;Tn~t~ .......fr'NH"i:l"'1i;;~tU ~,.I~:; ...... ..1. ...... j~KI.".....; ",""""'''=~.'"U. .._.,.,hq." Joint Regular Meeting 7.8.3 MINUTES January 9, 2012 RESULT: MOVER: SECONDER: AYES: E. Finance ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shoret!, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shoret!, Kelley, Johnson, McCammack Approval of Commercial Checks and Payroll Checks Motion: RESULT: MOVER: SECONDER: AYES: F. Approve the claims and payroll and authorize the issuance of warrants as listed. Ul .. - :J C :;: ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shoret!, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shoret!, Kelley, Johnson, McCaromack u C :J o <.) Human Resources " .... .... - Establish salaries for Police Department Ranges P-I (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief) and Law Enforcement Trainee, effective August I, 20 II; and authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action. - 0::: ro - Cl - - .!!1 :J Ol .. ~ Establishment of Salaries for Police Department Ranges P-l, P-2, P-3, P-4, P-5, P-6, P-7 & Law Enforcement Trainee, Effective August I, 2011. Motion: RESULT: MOVER: SECONDER: AYES: ... ..., N - '" ~ '" '" , - '" ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCaromack '"' c .. E .c: u ro - < G. Human Resources Personnel Actions - Unclassified Motion: Approve and ratify the nnclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. Mayor and Common Council of the City olSan Bernardino Page 7 Joint Regular Meeting MINUTES 7,6,a January 9, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Briuker, Shorett, Kelley, Johnson, McCammack H. Human Resources RES-2012-3 Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. Motion: RESULT: MOVER: SECONDER: AYES: Adopt Resolution. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Briuker, Shorett, Kelley, Johnson, McCammack I. Parks. Recreation & Community Services RES-2012-IO Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Memorandum of Understanding by and Between Disabled American Veterans San Bernardino Chapter 12 and the City of San Bernardino Parks, Recreation and Community Services Department to Allow the Construction, Operation, and Maintenance of a Community Garden at Speicher Park for Disabled Veterans and City Residents. Tenn of This Agreement is from January 10, 2012 through December 30, 2012, with the Option of Five (5) Single Year Extensions. Motion: RESULT: MOVER: SECONDER: AYES: J, Police Adopt Resolution. ADOPTED [UNANIMOUS] Wendy J. McCammack, Council Member, Ward 7 Chas A. Kelley, Council Member, Ward 5 Marquez, Jeukins, Briuker, Shorett, Kelley, Johnson, McCarnmack RES-2012-4 Resolution of the Mayor and Common Council Authorizing the Execution of Amendment No. 4 to the Agreement for Crossing Guard Services with All City Management Services for a Crossing Guard Position at Victoria Elementary School (Redlands Unified School District). Motion: Adopt Resolution. ~ ~ - ~ c :;: '1:; c ~ o U '" ... ... ~ =- '" ~ " ~ .!l! ~ Cl ~ ~ .. ..., N ~ '" "i Cl <;' ~ '" - c ~ E .r= u '" :t: <( Mayor and Common Council afthe City of San Bernardino Page 8 n~' I" .' .1llill,-1 Joint Regular Meeting MINUTES January 9. 2012 7.B.. RESULT: MOVER: SECONDER: AYES: K. Police ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shoret!, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shoret!, Kelley, Johnson, McCarnmack RES-2012-5 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Crossing Guard Services with All City Management Services for Two Crossing Guard Positions at Belvedere Elementary School. Motion: RESULT: MOVER: SECONDER: AYES: L. Police Adopt Resolution. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shoret!, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shoret!, Kelley, Johnson, McCarnmack RES-2012-6 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Crossing Guards Service Agreement with the Rialto Unified School District for the Operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. Council Member/Commissioner Brinker abstained because he is employed by the Rialto Unified School District. Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: M. Police Adopt Resolution. ADOPTED [6 TO 0] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Shoret!, Kelley, Johnson, McCammack Tobin Brinker RES-2012-7 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No.2 to the San Manuel Policing District Agreement. " ~ - ~ ~ :;; .~ ~ ~ o U ..,. r-- r-- - =- .. ~ Cl ~ .. ~ Cl ~ 0:: -' ., N - C N . '" <;> - c - ~ ~ E .<: () .. - < Mayor and Common Council of the City of San Bernardino Page 9 Joint Regular Meeting MINUTES 7;8.a January 9, 2012 Council Member/Commissioner McCanunack J.bstained because San Manuel is a client of her business. Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: N. Police Adopt Resolution. ADOPTED [6 TO 0] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack RES-2012-8 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to the Agreement for Crossing Guard Services with Redlands Unified School District for Crossing Guard Position at Victoria Elementary School. Motion: RESULT: MOVER: SECONDER: AYES: O. Police Adopt Resolution. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack RES-20I2-9 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to Execute Amendment No.6 to the Services Agreement with the San Bernardino City Unified School District for the Operation of the School Crossing Guard Program by the Police Department. Council Member/Commissioner McCammack abstained because the San Bernardino Unified School District is one of her clients. City Attorney Penman declared a conflict as his wife is a member of the school board. Motion: Adopt Resolution. '" '" - " t: :;; " t: " o () " r- r- ~ =- ~ Cl ~ .!!! " Ol '" '" ... ..., N ~ o ~ 0> o , ~ o - t: '" E .t: " ~ Ji! Mayor and Common Council of the CityafSan Bernardino Page 10 ~W"it"jlij'4"IM"",fS2t;]: ." P'~\ll\ll. .;aIL...; Joint Regular Meeting 7;8.3 MINUTES January 9,2012 RESULT: MOVER: SECONDER: AYES: ABSTAIN: ADOPTED [6 TO OJ Chas A. Kelley, Council Memher, Ward 5 Fred Shorelt, Council Memher, Ward 4 Marquez, Jeukins, Briuker, Shorelt, Kelley, Johnson Wendy J. McCammack 6. Committee Consent A. Citv Attornev An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. (FIRST READING) Motion: RESULT: MOVER: SECONDER: AYES: B. Fire ., " ~ ~ c :; Layover Ordinance for final adoption. '<3 c ~ o () ... ... ... ~ ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Chas A. Kelley, Council Member, Ward 5 Marquez, Jeukins, Brinker, Shorelt, Kelley, Johnson, McCammack =- ~ ~ e. ~ .!!! ~ Ol " '" RES-20I2-1I Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City of Sau Bernardino to Enter into an Agreement with the City of Los Angeles for the Purpose of Accepting and Administering the FY 2009 Regional Catastrophic Preparedness Grant Program. ..; ..., N ~ <:> N , '" <:> , ~ <:> Motion: RESULT: MOVER: SECONDER: AYES: Authorize the Director of Finance to amend the FY 20i i/i2 budget to receive grant funds; and adopt Resolution. ~ c " E s:; " ~ ~ ::( ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorelt, Kelley, Johnson, McCammack Mayor and Common Council of the City afSan Bernardino Pagel) ,''''!ie''':', "illf5a:~. ocllJ:I\ijjgg,t. . Joint Regular Meeting MINUTES 7.6.. January 9, 2012 7. Public Hearings to be Heard at 4:00 p.m. A. Citv Manal!er RES-2012-1 Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2011/2012 Housing and Urban Development Action Plan to Augment the City's Streetlight Repair/Replacement Project (#01) and Provide Additional Public Service Funds to Legal Aid Society of San Bernardino (#02) and Authorizing the Finance Director to Transfer Funds Within the Fiscal Year 2011/2012 Budget. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, Assistant City Clerk Ochiqui administered an oath to the following individual that she would provide true and honest testimony: Public Comments: Barbara Keough, Redlands, CA, attorney and member of the Board of Directors of the Legal Aid Society of San Bernardino, spoke in support of the item. Motion: Close hearing; and adopt Resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Community Develonment An Ordinance of the City of San Bernardino Deleting Amendment MC 1356 and Amending Chapter 19.06 Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Anditorium of 3,000 Sqnare Feet or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any Theater Complex and Approving to Development Agreement No. 11-02 Between the City of San Bernardino and Regal Cinemas Inc. for a 14-Screen Movie Theater in Downtown San Bernardino. (FIRST READING) Mayor/Chairman Morris opened the hearing and announced that Agenda Item Nos. 78 through 7E would be discussed simultaneously. Henry Empeiio, Senior Deputy City Attorney, orally read and distributed to the Mayor and Council a memorandum dated January 9, 2012, regarding Agenda Item Nos. 7(B), (C), (D) and (E) involving the Downtown Regal Cinema Project. He requested that the item be continued. A lengthy discussion ensued regarding the conditional use permit modification, the development code amendment, the development agreement, the lease, the CEQA analysis, the possibility of a CEQA lawsuit and indemnification. "' ~ - ~ ~ :;: '13 ~ ~ o u '" .... .... ~ - "' '" ~ " ~ .!! ~ OJ ~ 0:: ... ..., N ~ o '"i 0> 'i' ~ o - ~ ~ E .t: U '" t:: <4: Mayor and Common Council of the City of San Bernardino Page 12 ;~;:""mV'Ai:1'1P\tm/<'''''''L f!i,!,,~:...1t'i':l54; Joint Regular Meeting MINUTES 7.8.a January 9, 2012 Pursuant to Resolution No. 2000-279, Assistant to the City Clerk Ochiqui administered an oath to the following individuals that they would provide true and honest testimony: Public Comments made in onnosition: Warner Hodgdon, San Bernardino, CA, submitted into the record a corrected memorandum addressed to the City Clerk, CDC and SBEDC-501-C3, dated Monday, November 21,2011, which included a list of 13 attachments regarding the Regal Theater. Public Comments made in support: Jim Mulvihill, San Bernardino, CA; Debbie Ariola, San Bernardino, CA; Matt Korner, San Bernardino, CA; John Coute, San Bernardino, CA; Michael Duchesne, San Bernardino, CA; Cally Tat, San Bernardino, CA; Gustave Alvarez, San Bernardino, CA; Dolores Armstead, San Bernardino, CA; James Smith, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member! Commissioner Brinker, to close the hearing and layover the Ordinance approving Development Code Amendment No. 11-11. The vote was taken following further discussion. Margo Wheeler, Director of Community Development, suggested adding the following language to the footnote of Table 06.01, List of Permitted Uses, Chapter 19.06 of the Municipal Code (Development Code): "A project with any single theater (regardless of others) having an auditorium. . ." Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Close hearing and layover Ordinance approving Development Code Amendment No. II-II, adding the following language to the footnote of Table 06.01: "Project with any single theater (regardless of others) having. . ." ADOPTED [6 TO 0] Fred Shorett, Council Member, Ward 4 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCarnmack Ul " ~ ~ t: :! '(3 t: ~ o U ... .... .... ~ - ~ ro ~ C ~ .!!! ~ 0) " 0: ... "> '" ~ o '" a. 'i' ~ o '" t: " E .t: U ro ~ <1 Mayor and Common Council of the City of San Bernardino Page 13 (~'O:,l"l !'\:!'.- ,mil~~;; Joint Regular Meeting MINUTES 7.B.3 January 9, 2012 C. Community Development An Ordinance of the City of San Bernardino Approving Development Agreement No. 11- 02 Between the City of San Bernardino and Regal Cinemas, Inc. at the Project Site Located at 450 North HE" Street (DA No. 11-02). (FIRST READING) Mayor/Chairman Morris opened the hearing. Motion: RESULT: MOVER: SECONDER: AYES: D. Table the matter. TABLED [UNANIMOUS] Wendy 1. McCammack, Council Member, Ward 7 Chas A. Kelley, Couocil Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack '" " - :l C :0 Community Develonment " C :l o () RES-2012-2 A Resolution of the Mayor and Common Council of the City of San Bernardino Approving Development Agreement No. 11-02 Between the City of San Bernardino and Regal Cinemas Inc. for a l4-Screen Movie Theater in Downtown San Bernardino. '" .... .... ~ - Mayor/Chairman Morris opened the hearing. ~ '" - c Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Close hearing and adopt Resolution approving Development Agreement No. 11-02. - '" :l Cl " '" ADOPTED [6 TO 0] Fred Shorett, Council Member, Ward 4 Virginia Marquez, Council Member, Ward 1 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack -' .., N ~ C N , en 9 ~ c - c " E s:; " '" - :( E. Community Develooment A Proposal to Modify CUP 97-01, Approved by the Planning Commission on May 20, 1997, to Permit Development of a 20-Screen Theater Complex and 20,000 Sq. Ft. of Associated Retail and Restaurant Uses at the Northwest Corner of 4th and "E" Streets, in the CR-2, Commercial Regional Land Use District. the Proposed Modification Would Provide for 6 Auditoriums in the Existing 20-Auditorium Structure to be Re-Purposed to Provide 7,200 Sq. Ft. of Restaurant and Retail Space and 3,600 Sq. Ft. of Additional Live Entertainment Area and Support Space for the California Theater (CUP M 11-03). Mayor/Chairman Morris opened the hearing. Mayor and Common Council of the City afSan Bernardino Page 14 Joint Regular Meeting MINUTES January 9, 2012 7.8.8 Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Close hearing and approve Conditional Use Permit Modification No. 11- m based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) as amended. ADOPTED [6 TO 0] Virginia Marquez, Council Member, Ward I Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack 8. Staff Reports A. City Attornev Resolution of the Mayor aod Common Council of the City of San Bernardino Taking Certain Actions Pursuaot to Health & Safety Code Secion 34173 Declining to Serve as the Successor Agency and the Successor Entity to the Redevelopment Agency of the City of Sao Bernardino. Motion: RESULT: MOVER: SECONDER: AYES: B. City Attornev Table the matter. TABLED [UNANIMOUS] Rikke Vao Johnson, Council Member, Ward 6 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack RES-2012-12 Resolution of the Mayor aod Common Council of the City of San Bernardino Taking Certain Actions Pursuant to Health & Safety Code Section 34173 Agreeing to Serve as the Successor Agency and the Successor Entity to the Redevelopment Agency of the City of San Bernardino. Discussion ensued regarding the dissolution of the Redevelopment Agency and whether the City should be serving as the Successor Agency/Successor Entity in order to "wind down" obligations such as payment of debts, fulfilling its contractual agreements, selling its property, etc. Public Comments: Warner Hodgdon, Sao Bernardino, CA. Motion: Adopt Resolution, with the deletion of Section 2. ~ m - ::I " :;; u " ::I o () ... .... .... ~ - :;- '" ~ Cl ~ '" ::I Ol m e:: .... ..., N ~ o N , '" '7 ~ o - " m E .<:: u '" - 4: Mayor and Comnwn Council of the City of San Bernardino Page 15 ""'-""''''$1'''''', . "a"~,,,,_.1fS~ ,,,'Ei...,"....0<'.,,,;,X"Pi:<.,,,1,., ..."".... ."~ .... .... ,', Joint Regular Meeting MINUTES 7.B... January 9, 2012 RESULT: MOVER: SECONDER: AYES: Motion: RESULT: MOVER: SECONDER: AYES: NAYS: c. City Attornev ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Wendy J. McCarnmack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johoson, McCammack Continue discussion of Section 2 of the Resolution to January 23, 2012. ADOPTED [5 TO 2] Virginia Marquez, Council Member, Ward I Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Kelley, Johoson, McCammack Tobin Brinker, Fred Shorett <ii' ~ - " ~ :;; " ~ " o U .. ,.. ,.. - RES-2012-13 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of a Contract with SPS inc. to Provide Emergency Services to Design and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center (PR04-020). Motion: RESULT: MOVER: SECONDER: AYES: .. '" ~ c ~ .!!1 " Ol ~ c:: Adopt Resolution. .. ..., N - co ')l '" '" - co ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Wendy 1. McCarnmack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johoson, McCammack - ~ ~ E .<: " '" - :i D. Community Development Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Commercial Signage and Non-Conforming Uses and Buildings Council Member/Commissioner Kelley requested that staff work on illuminating the signs that are out along the 215 Freeway due to heavy winds. Motion: Refer the matter to the Legislative Review Committee. Mayor and Common Council of the City of San Bernardino Page 16 :UJ."/n:;;ff1i:Ji,U;ZSV;V'~01;.:; ,"l'!IC."I!'!!lIl":f...., . Joint Regular Meeting 7.B.. MINUTES January 9, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Wendy J. McCammack, Council Member, Ward 7 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 9. Community Development Commission A. Economic Develooment A!!encv Single-Family Residence Revitalization Program Third Quarter Report (July I, 2011 through September 30,2011). "iil m - " r: :;; Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: B. Receive and file the Quarterly Report of the Single-Family Residence Revitalization Program activities (July I, 2011 through September 30, 20 11) for the Redevelopment Agency of the City of San Bernardino. 'u r: " o U ... .... .... - ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack =- ro ~ e. ~ .!!1 " Ol m l>: ... ..., N - ... N , '" ... , - ... Economic Develooment Al!encv Agency Loan Monitoring Quarterly Status Report for the Period Ending September 30, 2011 Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Receive and file the Loan Monitoring Quarterly Status Report for the period ending September 30, 2011 for the Redevelopment Agency of the City of San Bernardino. - r: m E .s:; u ro - ;;( ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack 10. Public Comments on Items Not on the Agenda Mayor and Common COllncil of the City afSan Bernardino Page 17 n~p" .;~ .- !i!Ci:ii.;' kn.... ..:, l!!ll!!IR;; I Joint Regular Meeting MINUTES 7.B.3 January 9, 2012 Paul Sanborn, San Bernardino rA "!1o!<e ~h()llt tf,(': fIrefighter's victory regarding their lawsuit agaiust the City; the high number of calls for service; and the fact that the department is down] 4 positions that need to be filled. 11. Adjournment The meeting adjourned at ]]:0 I p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., January 23, 2012. GEORGEANN "GIG]" HANNA City Clerk Linda Sutherland Deputy City Clerk "' " - " c ::; By " c " o U ... .... .... - E' " ~ '" - ~ ~ " Cl " '" ... ..., N - o N a. 'i' - o - c " E .c " " '" <( Mayor and Common Council of the City of San Bernardino Page 18 7.B.b City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor Patrick J Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack DRAFT MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO MONDAY, FEBRUARY 6, 2012 COUNCIL CHAMBERS lil Q) - ::l c: :;; u c: ::l o (j ... .... .... ~ =- E Cl - - .!!1 ::l Ol Q) ~ The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency of the Redevelopment Agency was called to order by Mayor Morris at 1:36 p.m., Monday, February 6, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Patrick J. Morris Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack James F. Penman Rachel G. Clark Charles McNeely Title Mayor Council Member, Ward I Council Member, Ward 2 Council Member, Ward 3 Council Member, Ward 4 Council Member, Ward 5 Council Member, Ward 6 Council Member, Ward 7 City Attorney City Clerk City Manager Mayor and Common Council of the City of San Bernardino Page 1 Status Present Present Present Present Present Late Late Present Present Present Present ... .... N ~ C N , "' '" N C Arrived - c: Q) E .c: u ~ - :;: 4:21 PM 3:03 PM Joint Regular Meeting 1. Closed Session MINUTES I.B.b February 6, 2012 Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino Municioal Water Deoartrnent v. the United States Deoartment of The Armv - U.S. District Court, Case Nos. CV 96-8867 & CV 96-5205; Glen Aire Mobilehome Park Corooration. Pacific Palms Mobilehorne Park Corooration. Friendlv Village Mobilehome Park Corooration. Orangewood Mobilehome Park Comoration. and California Mobilehome Park Corooration v. the City of San Bernardino. the City of San Bernardino Mobile Horne Rent Board. the City of San Bernardino Economic Develooment Agencv. the City of San Bernardino Hearing Officer. Donald P. Cole. and Does I - 50 - San Bernardino County Superior Court, Case No. CIVDS 1114110; Wainwright v. City. et al. - San Bernardino County Superior Court, Case No. CNDS 1100001. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation _ pursuant to subdivision (b) (1), (2), (3) (A-F) of Governrnent Code Section 54956.9. 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 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Invocat1onIPledge of AUegiance The invocation was given by Father Jorge Luis Rodriguez of Our Lady of Guadalupe Church. The pledge of allegiance was led by Elizabeth Patrick, a fifth grade student at Ramona Alessandro Elementary School. Mayor and Common Council of the City afSan Bernardino Page 2 ,; P~~~~riii'~6r?::1 Ul " - ::l c: :;; 'i) c: ::l o U .,. .... .... - - "' ro ~ Cl - ~ ro ::l Cl " e:: .. ..., N - o N .;, 'i' N o - c: " E .c: u ro - < MINUTES 7.B.b February 6, 2012 Joint Regular Meeting 2. Appointments A. Mavor's Office Appointment of Donna Ward to the Senior AfTairs Commission - Mayor Morris Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve the appointment of Donna Ward to the Senior Affairs Commission as requested by Mayor Morris. ADOPTED [UNANIMOUS] Wendy J. McCammack, Council Member, Ward 7 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shoret!, Johnson, McCammack Chas A. Kelley 3. Presentations A. A. Presentation to the Heigl Foundation, HEAL, and the Dog and Cat General Clinic Mayor Morris presented Certificates of Recognition to Kathy Davis, Executive Director of the Jason Debus Heigl Foundation (JDHF); Dr. Robert Zielinski of the Dog and Cat General Clinic; and Sharon Blechinger, founder of Helping Every Animal League (HEAL). B. Chamber of Commerce Announcements Chamber of Commerce announcements were presented by Jim Gerstenslager. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar Citv Clerk Waive Full Reading of Resolutions and Ordinances Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency dated February 6, 2012. ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Johnson, McCarnmack Chas A. Kelley Ul ~ - ~ ~ :;: 'ij ~ ~ o u .... .... .... - ~ ~ ~ c ~ .!!1 ~ Ol ~ ~ .... ..., N - co N , '" <;> N co - ~ " E s:: " ~ - :( Mayor and Common Council afthe City afSan Bernardino Page 3 In~:~ '}':!~"'='11" ....1 iJ;'L':t;l ,;~ ~J:i;;; >"'",;,.q".",~,.,.....;.."~,,, MINUTES 7.B.b February 6, 2012 Joint Regular Meeting B. Civil Service Personnel Actions - Classified Council Member Jenkins stated that there was an item on the agenda regarding LMDs and potential layoffs and he asked why they would want to move forward with hiring part-time personnel who may be affected by layoffs. He suggested that the appointments be postponed because he was concerned about bumping rights. City Manager McNeely stated that there had been a request to continue the item regarding LMDs to February 21, 20]2. Council Member Brinker suggested continuing the matter to March 5, 20]2, when his replacement would be sworn in. Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: To continue Item Nos. 13 and 14 to March 5, 20]2. ADOPTED [UNANIMOUS] Robert D. Jenkins, Council Member, Ward 2 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley Council Member McCammack voiced her concerns regarding the hiring practices that were followed relative to Item No.2. Discussion ensued regarding the recruitment process, compensation, federal law regarding independent contractors, and City Charter Section 40S, "Compensation and Removal of Officer." Council Member Johnson made a motion, seconded by Council Member Brinker, to approve the balance of the personnel actions as listed on Agenda Item Nos. 5B and 5C. The vote was taken following further discussion. Council Member McCammack made a substitute motion to pull Item No.2. The motion died for lack of a second. Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Approve and ratify the balance of the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack "' <Il - ~ ~ ::;: .;:; ~ ~ o U .. .... .... - ii? ro ~ C ~ ro ~ '" <Il 0: ... .., N - o ')l '" o , N o .., ~ <Il E .l: U ro :: <I: Mayor and Common Council of the City afSan Bernardino Page 4 n. . ..1 "'''<;'''9'.'' l;g~~~li.:31141 Joint Regular Meeting MINUTES 7.B.b February 6, 2012 C. Human Resources Personnel Actions - Unclassified Public Comments: Paul Sanborn, San Bernardino, CA. City Clerk Clark announced that the effective dates for Item Nos. I and 2 should have been February 7, 2012, and the effective date for Item No.3 should have been February 16,20]2. MotIon: RESULT: MOVER: SECONDER: AYES: ABSTAIN: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, with the effective date changes announced by City Clerk Clark, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack D. Human Resources RES-2012-20 Reso]ution of the City of San Bernardino Amending Resolution No. 6429, Entitled in Part "A Resolution...Establishing a Basic Compensation Plan for Officers and/or Employees of the Police and Fire Departments of the City of San Bernardino. Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt Resolution. ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marqnez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley E. Information Technolol!V RES-2012-21 Reso]ution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order to Verizon for Centranet Telephone Service. Motion: Adopt Reso]ution. "' " "S c :;; u c ~ o u ... .... .... ~ 4? '" ~ c ~ .!!1 ~ Cl " '" ... ..., N ~ o ')l '" '" N o .. c " E .<: u '" J;j! Mayor and Common Council of the City olSan Bernardino Page 5 ,:jiP-dB5tl ';;.;'L,Mn~]f1~iit,-".,;f' Joint Regular Meeting MINUTES 7.B.b February 6, 2012 RESULT: MOVER: SECONDER: AYES: ABSENT: F. ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley Public Works RES-2012-22 Resolution of the Mayor and Conunon Council of the City of San Bernardino Authorizing the City Manager to Execute Agreements for Services with the Firms of SA Associates, Willdan Engineering, and Harris & Associates for On-Call Construction Management and Contract Inspection Services. Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: G. Adopt Resolution. ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Johnson, McCanunack Chas A. Kelley Publie Works RES-2012-23 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to Ironrnan Parts & Services of Corona Pursuant to Section 3.04.010-B3 of the Municipal Code, for Four Diesel Particulate Filters to be Installed on Four Public Works Department Operation & Maintenance Division Trucks Pursuant to the California Air Resources Board (CARB) Regulations. Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt Resolution. ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Johnson, McCarnmack Chas A. Kelley 6. Committee Consent A. Parks. Recreation & Community Services Approval of Landscape Maintenance Reorganization Plan - Parks, Recreation and Community Services Motion: To continue the matter to March 5, 2012. lii" Q) - " " :;: u " " o U ... .... .... - - ~ '" ~ c - ~ '" " Cl Q) 0:: ..; ..., N - C N J:, C , N C ;.; " Q) E J:: U '" - < Mayor and Common Council of the City of San Bernardino Page 6 ~ .,". ''lll~/''/i'''''''' 1.~IiiS!a&l!ii66' I ,.,;..>.,.:;F.,.:",,,,,,JRt,",.,,.i... Joint Regular Meeting MINUTES 7.B.b February 6, 2012 RESULT: MOVER: SECONDER: AYES: NAYS: CONTINUED [6 TO 1] Next: 3/5/2012 1:30 PM Virginia Marquez, Council Member, Ward 1 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, McCammack Rikke Van Johnson 7. Public Hearings to be Heard at 4:00 p.m. A. Community Development An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Chapter 19.02.060, Establishment of Land Use Zoning Districts to Add Transit Overlay District (TD) and Adding Chapter 19.19A to Establish the Transit Overlay District Pertaining to Development Standard, and Design Guidelines. (FIRST READING) Mayor Morris opened the hearing. Council Member McCammack stated that she would abstain on this matter because Omnitrans is a client of her business. She left the Council Chambers and returned after the vote was taken. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Public Comments: Warner Hodgdon, San Bernardino, CA (It was unclear whether Mr. Hodgdon spoke in support or opposition to the project.) Matthew Korner, San Bernardino, CA, spoke in support of the project. Henry Empei'io, Senior Deputy City Attorney, distributed to the Council a copy of an e- mail dated February 2, 2012, that was sent to various departments showing the City Attorney's rejection of the proposed ordinance as well as an e-mail dated February 2, 2012, which was addressed to Margo Wheeler, Director of Community Development, and the planning consultant. Mr. Empei'io stated that a General Plan Amendment is necessary to amend the General Plan Map to show the boundaries of the overlay district, and that approval of the Transit Overlay District Development Code Amendment without the companion General Plan Amendment would violate the Development Code. He stated that the proposed motion included adoption of the addendum to the certified San Bernardino General Plan Updated and Associated Specific Plans ErR; however, that document was not included in the backup due to some technical issues with the agenda management program. He stated that the document was distributed to the Council this morning, but because of its size, he did not believe the Council had enough time to review it. Ul m - " l: ::;: U l: " o U ... ... ... - - ~ '" ~ c ~ .!!1 " '" m '" .... .., N - c "! '" c . N " - l: m E .l: U '" ~ Mayor and Common Council of the City afSan Bernardino Page 7 li!:~lii~h'z: I . ~~"~,,,,,,""C0H""..... Joint Regular Meeting MINUTES 7.B.b February 6, 2012 Mr. Empefio advised that the General Plan Amendment could be prepared and could go before the Planning Commission on February 22, 2012, and could then be brought fOlWard to the Council concurrently with the Development Code Amendment on March 5,2012. Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: To continue the matter to March 5, 2012. CONTINUED [6 TO 0] Next: 3/5/2012 1:30 PM Virginia Marquez, Council Member, Ward I Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack B. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Landscape Maintenance Services Agreement Relative to the Proposed Assessment District No. 1068 (Tippecanoe Avenue and Central A venue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District). Mayor Morris did not open the hearing. Staff announced that some of the backup materials were not distributed to the Council due to glitches in the computer program; however, he noted that those same attachments had been provided on December 5, 2011, when the Resolution ofIntention was adopted by the Council. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: To continue the matter to February 21, 2012. CONTINUED [6 TO 1] Next: 2/21/2012 1:30 PM Tobin Brinker, Council Member, Ward 3 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett C. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Finding and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention Basin and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, Approving the Final Engineer's Report, Creating an Assessment District to Cover the Costs of Said Maintenance, Known as Assessment District No. 1068, Ordering the Work, Confirming the 2012-2013 Assessment Roll, and Determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply. " m - " r:: :;: 'u r:: " o () ... .... .... - - ii? .. ~ c ~ .!!! " Ol m ~ - .., N - <> N J:, <> , N <> - r:: m E J:: U .. ~ Mayor and Common Council of the City of San Bernardino Page 8 i;,j{~hj::fii~~4Ligijtl; ..;.,.~~'y,,;mSiJ,.i".'";<'; Joint Regular Meeting MINUTES 7.B.b February 6, 2012 Mayor Morris opened the hearing. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: To continue the marter to February 21, 2012. CONTINUED [6 TO 1] Next: 2/21/20121:30 PM Rikke Van Johnson, Council Member, Ward 6 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Kelley, Johnson, McCarnmack Fred Shorert 8. Staff Reports City Mana1!er Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and Code Publishing, Inc., to Providc Municipal Code Codification Services. A. A recommendation was made to continue the matter to March 5, 2012; however, because of the inaugural ceremony, it was suggested that the matter be continued to March 19, 2012. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: To continue the matter to March 19,2012. CONTINUED [5 TO 2] Next: 3/19/2012 1:30 PM Tobin Brinker, Council Member, Ward 3 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Kelley, McCammack Fred Shorett, Rikke Van Johnson B. Community Develooment Management Study of the Code Enforcement Division by Matrix Consulting Group. Staff announced that due to technical issues, the backup documentation had just been distributed to the Council this morning; therefore, they recommended that the marter be continued. Motion: RESULT: MOVER: SECONDER: AYES: To continue the matter to March 19,2012. CONTINUED [UNANIMOUS] Next: 3/19/2012 1:30 PM Tobin Brinker, Council Member, Ward 3 Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Brinker, Shorert, Kelley, Johnson, McCarnmack " ~ - ::l " ::;: (J " ::l o U .,. ... ... - i? '" ~ Cl ~ '" ::l Ol ~ '" ..: .., N - o N <b o , N o .;.; " ~ E .J: (J '" ;;; Mayor and Common Council of the CiLy of San Bernardino Page 9 Joint Regular Meeting MINUTES 7.B.b February 6, 2012 C. Public Works Request to Confirm Consultant Selection and Authorize the Director of Public Works or Designee to Negotiate with the Top Rated Consultants for Preparation of Plans, Specifications, and Estimates (PS&E) and Right-Of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SS04-012, Bridge No. 54C- 0066, Federal Aid Project No. BRLS-5033 (042). Council Member McCammack stated that she would abstain on this matter because AECOM is a client of her business. She left the Council Chambers and returned after the vote was taken. Public Comments: Micbael Thomas, Principal and Project Manager at Briggs Cardosa, Orange, CA; Douglas Sawyer, Area Manager for Parsons Brinckerhoff, San Bernardino, CA; Dr. Mohan Char, Vice-President and Project Manager at AECOM, Ontario, CA. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: 9. Confirm AECOM as top rated Consultant and authorize the Director of Public Works or Designee to negotiate Scope of Services and Fee with said Consultant for preparation of Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SS04-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-5033 (042). ADOPTED [4 TO 2J Virginia Marquez, Council Member, Ward I Rikke Van Johnson, Council Member, Ward 6 Virginia Marquez, Robert D. Jenkins, Tobin Brinker, Rikke Van Johnson Fred Shorett, Chas A. Kelley Wendy J. McCammack Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency A. City Attornev RES-20l2-24 Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as the Successor Agency of the San Bernardino Redevelopment Agency, Authorizing the Execution of a Consultant Services Agreement Between Lewis Brisbois Bisgaard & Smith and the City of San Bernardino, Acting as the Successor Agency of the San Bernardino Redevelopment Agency, to Advise the City Attorney's Office on Legal Issues Involving Successor Agency Matters Resulting from the Implementation of AB Xl 26. Motion: Adopt Resolution. 'iii' " - " c ::;: '<3 c " o U .. r- r- - i? E " - ~ '" " Ol " a: .; .., N - C N , '" c , N C - c " E ..<: u '" '" <( Mayor and Common Council afthe City olSan Bernardino Page 10 ;{iinilt3iqH;;j;~ ~i:~4'1l-'+:/ !1:_r;':~9,~'M~JJfsm~__:l'; Joint Regular Meeting MINUTES 7.B.b February 6, 2012 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUSI Virginia Marquez, Council Member, Ward 1 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Civil Service Personnel Actions - Classified A recommendation was made to continue Agenda Item Nos. 9B, 9C and 9D to March 19, 2012. Subsequently, City Attorney Penman recommended that the matter be continued to February 21, 2012. Council Member Johnson stated that his concern was that there was no plan for the worst case scenario they are now facing. He stated that he would like to see a list of employees and an audit prepared by the Economic Development Corporation. 'iii' .. - :J c: :;; u c: :J o () .. .... .... - - Council Member Marquez asked to look at the job descriptions of the individuals and their relationships to contracts and projects. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: c. To continue the matter to February 21, 2012. ii? '" ~ c CONTINUED [5 TO II Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Shorett, Kelley, Johnson Tobin Brinker Wendy J. McCammack Next: 2/21/2012 1 :30 PM ~ ~ :J '" .. '" .; .., N - C N .;, C , N C Human Resources Authorization to Issue Lay Off Notices as the Successor Agency/Entity of the Economic Development Agency to All Former Redevelopment Agency Employees Transferred to the City Pursuant to AB Xl 26 - c: .. E .c: u '" ~ Motion: To continue the matter to February 21,2012. Next: 2/21/2012 1:30 PM RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: CONTINUED [5 TO 11 Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Shorett, Kelley, Johnson Tobin Brinker Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Pagel] Joint Regular Meeting MINUTES 7.B.b February 6, 2012 D. City Manaeer Authorization to Terminate All Ancillary Employment Agreements And/Or Contracts Executed by the City of San Bernardino Redevelopment Agency (RDA) in Support of Its Programs and Projects. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: 10. To continue the matter to February 21, 2012. CONTINUED [5 TO I] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Shorett, Kelley, Johnson Tobin Brinker Wendy J. McCammack Next: 2/21/2012 1:30 PM Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, voiced her concerns with bad drivers in the City. Hans V andertouw, San Bernardino, CA, stated that the City is poor, rundown and dangerous. Middle class residents and businesses have left causing erosion of the City's tax base and a drop in property values. He stated that the correct course of action should be to adequately fund the public safety budget, and then fund all other departments; consider a possible merger of the San Bernardino Police Department with other police departments including the Sheriffs department; stop providing low income housing, rehabilitation centers, halfWay houses and homeless shelters; and restore the City's tax base by directing attention on safety to attract the middle class and quality businesses; and offer a simple, fast business permit application process and comparative fees and taxes. Carol Donnelly, San Bernardino, CA, spoke regarding the need for a strong fire department and police department in the City of San Bernardino. Paul Sanborn, San Bernardino, CA, spoke regarding civility at Council meetings; the need for more businesses in the City of San Bernardino; and the need to do away with the utility tax. Shirley Harlan, San Bernardino, CA, spoke regarding civility at Council meetings. Warner Hodgdon, San Bernardino, CA, stated that he was not able to get a copy of the backup for Agenda Item No. 7 A regarding the establishment of the Transit Overlay District until this afternoon. He recommended that incomplete items be continued. David McCammack, San Bernardino, CA, representative for the Disabled American Veterans, stated that they have put in a garden at 1535 Arden Avenue. In order to support this project, he stated that they have scheduled a golf tournament on April 21, 2012, at the San Bernardino Golf Club on Waterman, and the entry fee will be $75. "' ~ - " c :;; u c " o <.l ... .... .... ~ = E Cl - ~ ro " 01 ~ n: .... ..., N ~ o N .;, o , N o - c ~ E .r:: u ro - <1 Mayor and Common Council of the City afSan Bernardino Page 12 1~i>~~12;1 Joint Regular Meeting MINUTES 7.B.b February 6, 2012 Jim Smith, San Bernardino, CA, stated that he and Police Chief Handy attended the "Principal for a Day" event at San Bernardino High School where they met with Principal Sandra Rodriquez, who was recently awarded the recognition of being the outstanding principal in San Bernardino and Riverside Counties; announced that Chief of Police Handy would be holding a town hall forum tomorrow evening at 6 p.m. at the Nazarene Church at 16th Street and Sierra Way to speak to the residents regarding crimes in their neighborhood; recognized the Call Center for the phenomenal work they are doing; recognized Jim Gerstenslager as the new CEO of the Chamber of Commerce; and he urged residents to get out and cast their votes for City Clerk. 11. Adjournment The meeting adjourned at 8:06 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council as Successor Agency to the Redevelopment Agency is scheduled for I :30 p.m., Tuesday, February 21, 2012. "' ~ - ~ ~ :;; RACHEL G. CLARK, CMC City Clerk " ~ ~ o U ... r- r- - Linda Sutherland Deputy City Clerk ~ E '" By ~ .!!! ~ '" ~ l>: .... ..., N - <:> ~ <D <:> , N <:> '" ~ ~ E .c " ~ ~ Mayor and Common Council of the City of San Bernardino Page 13 I 7.B.Cr I CITY OF SAN BERNARDINO DRAFT MINUTES FOR THE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCYTO THE REDEVELOPMENT AGENCY MONDAY, MARCH 19,2012 1:30 PM - CLOSED SESSION 3:00 PM - OPEN SESSION "' ~ - " c :E COUNCIL CHAMBERS' 300 NORTH "D" STREET' SAN BERl'<ARDINO, CA 92418 . WWW.SBCITY.ORG Virginia Marquez Patrick J. Morris \i j:ii, \\ '(I;': Robert D. Jenkins ('( ,j \1 1::<[,'.. \\ John Valdivia C()[''\'_'li\lF\Tj1FF. \\',U:i:; Fred Shorett ('< i','( 'I i \1 W,.F.. \\ '\'~ ,.[ Chas Kelley ein",' \L, HI']!; Y\ \11.1 ~ Rikke Van Johnson Cu 'q'1:\1 ,my \\'urJ 6 Wendy McCammack u c " o () \\ ... r-. r-. - - Charles McNeely - - c o '" .:; ~ ~ ~ .!!l " Ol ~ '" ,\1\'\\(, James F. Penman (:n Y\i(!!i,\l.:\ Georgeann "Gigi" Hanna - .., N - <> N , '" ';' M <> CI i\ ('iFl<h David Kennedy <,J'" t;. . :-'L' - c ~ E .<: u .. - < The joint regular meeting of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency was called to order by Mayor Morris at 1:38 p.m., Monday, March 19, 2012, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RollCall Present: Mayor Morris; Council Members Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Roth; Assistant City Manager Travis-Miller; City Clerk Hanna. I Absent: None. I" a"llWPl,b cll1lliC e ' :. mc, """,,,,,,","" ,i:l'."". Joint Regular Meeting Minutes March 19, 2012 1. CLOSED SESSION A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jamora Allen. et 01. v. Citv or San Bernardino, et al. - San Bernardino Superior Court, Case No. crvss 805915; Michael Wade v. Citv or San Bernardino, Adam Arrrunti and Does 1-10. inclusive. - USDC, Central District of California, Case No. CV11-9831 GHK (SPx); Yvonne Barnes. et al. v. Citv or San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 807102 (Consolidated with Case No. CIVDS 908096); Richard "Scott" Moss, et al. v. Citv or San Bernardino, et 01. - United States District Court, Case No. EDCV 07-01027 SGL (Opx); Garrett Zimmon v. Citv of San Bernardino. et al. - San Bernardino Superior Court, Case No. CrvDS 906555; Brian Boom and the San Bernardino Police Manaflement Association v. Citv of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1017219. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9. 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 Roth announced a new court and case number in the case of Jamora Allen, et al. v. Citv or San Bernardino, et al. - United States District Court, Case No. 09- 1388 JLQ (lCx). Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. 7.B.c <il .. - " c :;; .~ c " o U ... ... ... - - - c o 'iij 'S; .. ~ ~ .!ll " Cl .. '" - ..., N - o '1' '" ";" '" o - c .. E .<:: u '" - <l Mayor and Common Council of the City of San Bernardino Page 2 Joint Regular Meeting Minutes March 19, 2012 7.B.c Moment of Silence A moment of silence was observed in memory of Dorothy Inghram. Invocation/Pledge of Allegiance The invocation was given by Sister Mary McGovern of Veronica's Home of Mercy. The pledge of allegiance was led by Toni Smith, an II th grade student from Arroyo Valley High School. 2. APPOINTMENTS A. Mavor's Office Appointment of Juan Figueroa to the Board of Fire Commissioners - Council Member Valdivia Council Member Shorett made a motion, seconded by Council Member McCammack, to approve the appointment of Juan Figueroa to the Board of Fire Commissioners as requested by Council Member Valdivia. The motion carried unanimously. B. Mavor's Office Appointment of Thomas Lutrell to the Community Development Citizen Advisory Committee - Council Member Valdivia Council Member Shorett made a motion, seconded by Council Member McCammack, to approve the appointment of Thomas Lutrell to the Community Development Citizen Advisory Committee as requested by Council Member Valdivia. The motion carried unanimously. c. Mavor's Office Appointment of Virginia Anne Mears to the Bureau of Franchises - Council Member Valdivia Council Member Shorett made a motion, seconded by Council Member McCammack, to approve the appointment of Virginia Anne Mears to the Bureau of Franchises as requested by Council Member Valdivia. The motion carried unanimously. 3. PRESENTATIONS A. Service Pins Awards Ceremony The following individuals were presented a service pin award by Mayor Morris m recognition of their many years of dedicated service to the City: Name Erica Lithen Francisco Gonzalez Jr. Richard Lawhead Deborah Lewis Gerardo Orozco Blanca Perry Gary Schuelke Department Community Development Police Police Police Police Police Police Years of Service 20 10 20 10 5 15 20 "' ~ - ~ c :;: u c ~ o () ... .... .... ~ - ~ c o '" '> ~ ~ ~ co ~ Ol ~ 0:: - ..., N ~ o 'l' '" ~ , M o - c " E .c u co li Mayor and Common Council of the City olSan Bernardino Page 3 '"1""..&0>;;:~""'="'.'""'."'.''' .1fPiii:n1: Riilif76:: "'H-,""",,\*,=,.,.}/Rl,^,_,.,+,,-, Joint Regular Meeting Minutes .I.ace March 19, 2012 Miriam Varela Oscar Jimenez Leobardo Sanchez Police Public Works Public Works 5 10 10 ., " - ~ t: :Iii U t: ~ o U '" .... .... - - t: o :!i > " ~ - .!l ~ '" " ~ - .., N - '" N , '" - M '" - t: " E .c: u ~ Ji1 B. Student of the Month Council Member Johnson presented the Student of the Month Award to Toni Smith, an II th grade student at Arroyo Valley High School. C. Citizen of the Month John Griffin, Founder and Leader of the Westside Nubians, as well as several members of the group, were presented Citizen of the Month awards by Council Member Johnson in recognition of their work in the community. D. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. 4. ANNOUNCEMENTS Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. CONSENT CALENDAR A. Citv Clerk Waive Full Reading of Resolutions and Ordinances Council Member McCammack made a motion, seconded by Council Member Shorett, to waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. The motion carried unanimously. B. City Attornev RES. 2012-39 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire Mobilehome Park Corporation, et aI., v. City of San Bernardino, et aI., San Bernardino County Superior Court Case No. 1114110. Council Member Valdivia made a motion, seconded by Council Member Kelley, to adopt the resolution. Resolution No. 2012-39 was adopted unanimously. C. City Attornev RES. 2012-40 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Lisa Matus, et aI., v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVDS 1201235. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolntion No. 2012-40 was adopted unanimously. Mayor and Common Council of the City of San Bernardino Page 4 "iii" 'ii.;- "" .:--(1""---;> I !I~t ~>Jl111tt I Joint Regular Meeting Minutes March 19, 2012 D. City Clerk Council Minutes City Attorney Penman asked for a two-week continuance in order to compare the minutes with the audio tape recording. (Minutes for the meetings of March 5, 2012; February 21, 2012; December 19, 2011; and November 21,2011.) Council Member Marquez made a motion, seconded by Council Member McCarmnack, to continuc the matter to the Council meeting of April 2, 2012. The motion carried unanimously. E. City Manaeer Request to Schedule a Public Hearing on May 7, 2012, to Adopt the City of San Bernardino 2012-2013 Housing and Urban Development Action Plan Council Member McCammack stated she would abstain because several of the recipients are her business clients. Public Comments; Linda Pederson, San Bernardino, CA. Council Member Valdivia made a motion, seconded by Council Member Kelley, to set a Public Hearing for May 7, 2012, to receive public comments on the 2012-2013 Action Plan and subsequently adopt the plan. The motion carried with McCammack abstaining. F. City Manaeer RES. 2012-41 - Resolution of the Mayor and Common Council of the City of San Bernardino to Execute an Amendment to the Professional Services Agreement by and Between the City of San Bernardino and Willdan Engineering Services for the Design and Implementation of a Residential Energy Audit and Retrofit Program. Council Member Marquez made a motion, seconded by Council Member McCammack, to adopt the resolution. Resolution No. 2012-41 was adopted unanimously. G. Civil Service Personnel Actions - Classified Council Member Shorett stated that to remain consistent he was not currently supporting any hires or promotions until they can be discussed in the context of the budget. Council Member McCarmnack made a motion, seconded by Council Member Jenkins to approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. The motion carried with Shorett voting "no." 7.B.c Ul Q) - ::l c: :!! " c: ::l o U ... ... ... - - - - c: .~ .!!l > Q) ~ ~ .!!! ::l ell Q) O! - .., '" - c '" , '" ";" '" c - c: Q) E .c: " '" - <i Mayor and Common Council of the City of San Bernardino Page 5 Joint Regular Meeting Minutes 7.B.. March 19, 2012 H. Communitv Develonment ORD. MC-1371 - An Ordinance of the Mayor and Common Council of the City of San Bernardiuo amending Chapter 15.26 of the San Bernardino Municipal Code Regarding the Single-Family Rental Property Inspection Program (FINAL READING) Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the ordinance. Ordinance No. MC-1371 was adopted unanimously. I. Finance Approval of Commercial Checks and Payroll Checks Council Member McCammack made a motion, seconded by Council Member Shorett, to approve the claims and payroll and authorize the issuance of warrants as listed. The motion carried unanimously. J. Finance Approve the attached FY 20 I 0-11 Continuing Appropriations and Encumbrance Carryovers into FY 2011-12 Council Member McCammack made a motion, seconded by Council Member Kelley, to approve the FY 2010-2011 Continuing Appropriations and Encumbrance Carryovers, and authorize the Director of Finance to amend the FY 2011-2012 budget to include the approved Continuing Appropriations and Encumbrance Carryovers except for line item #124 regarding Management Partners. The motion carried unanimously. K. Finance Receive and File the FY 20 I 0-11 Year End Report Council Member Kelley made a motion, seconded by Council Member Johnson, to receive and file the FY 2010-11 Year End Report. The motion carried unanimously. L. Fire RES. 2012-42 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of an Annual Purchase Order to Allstar Fire Equipment, Inc. for the Replacement of Protective Clothing for Structural Firefighting (Lion Janesville Turnout Gear). Council Member McCammack made a motion, seconded by Council Member Kelley, to adopt the resolution. The motion carried unanimously. M. Fire RES. 2012-43 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance or Designee to Increase South Coast Emergency Vehicle Services Annual Purchase Order for Specialty Parts and Services for the City's Pierce Apparatus. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution; and authorize the Director of Finance or designee to do a budget adjustment to the Fire Department's FY 2011-2012 Adopted Budget to reflect the " ~ - ~ c :;; .~ c ~ o u ... .... .... - - - c o ~ .;; ~ !!:. ~ ~ ~ Ol " '" - .., N - o N , '" ";" '" o - c " E .<: u ~ - :( Mayor and Common Council of the City afSan Bernardino Page 6 ..",,,,,.;~,,,.,,,,~.: W'i!\l'A +%..:.,/".,., "Pat . ':149:,' : "., '':~,>::: <H!'':. ,+".. tr:/,> <y' Joint Regular Meeting Minutes 7.8.0 March 19, 2012 expenditures as outlined in the staff report. The motion carried and Resolution No. 2012-43 was adopted unanimously. N. Fire RES. 2012-44 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of a Purchase Order to Westnet, Inc. for the First in Alerting Platfonn to Interface with the New World System Computer Aided Dispatch. Council Member Marquez made a motion, seconded by Council Member McCammack, to adopt the resolution; and authorize the Director of Finance or designee to adjust the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. The motIon carried and Resolution No. 2012-44 was adopted unanimously. O. Fire RES. 2012-45 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the San Bernardino City Fire Department to Submit to Factory Mutual Global an application for a 2011 Fire Prevention Grant Program Grant and to Accept and Administer the Grant Funds. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No. 2012-45 was adopted unanimously. P. Human Resources Setting Compensation for City Clerk per Charter Section 24-B Note: Agenda Item Nos. 5P and 9B were considered simultaneously. Council Member McCammack made a motion, seconded by Council Member Marquez, to set the salary of the City Clerk at Step I ($9,302/month) of the range with a give back of 10 percent and with the City Clerk paying her PERS contribution. Council Member McCammack amended her motion, seconded by Council Member Marquez, to set the salary of the City Clerk at Step I ($9,302/month), of Range 4610, $9302 - $11,307/month. The motion carried unanimously. Q. Mavor's Office RES. 2012-46 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Adopting the Countywide Vision Statement. Council Member Kelley stated that since he is a County employee he would abstain to avoid the appearance of a conflict. Council Member McCammack stated she could not support the item because of the inclusion of low income housing. .. GO - " c: :;; " c: " o U ~ .... .... ~ - - ~ c: o Ul 'S; GO !!:. ~ ~ " Ol GO ~ - -, '" ~ o N , '" ';" M o - c: GO E .c: " ~ - :;: Mayor and Common Council of the City of San Bernardino Page 7 n~ ""~lJa ',.', '''',"" '-' ~*":"":t I".~..: ;~8Cl'1\1 Joint Regular Meeting Minutes 7.Iil.c March 19, 2012 Council Member Jenkins made a motion, seconded by Council Member Valdivia, to adopt the resolution. Resolution No. 2012-46 was adopted with McCammack voting "no" and Kelley was away. R. Parks. Recreation & Community Services RES. 2012-47 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No.3 to Contract 10- 318 with the County of San Bernardino Department of Aging and Adult Services (DAAS), and to Increase the Annual Purchase Orders to Sysco Foods, Merit Day, Ross Swiss, and US Foods to an Aggregate Amount not to exceed $141,623 for FY 2011-12. Council Member Kelley stated that because he is a County employee he would abstain to avoid the appearance of a conflict. Council Member McCammack made a motion, seconded by Council Member Johnson, to adopt the resolution. Resolution No. 2012-47 was adopted with Kelley abstaining. S. Parks. Recreation & Community Services RES. 2012-48 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding with the Center for Community Action & Environmental Justice for the Installation and Maintenance of an Air Filtrations System at Ruben Campos Community Center. Penny Newman of CCAEJ provided information and answered questions, including which schools had been selected to be included in the program. Council Member Valdivia stated that he would like to see Urbita Elementary School added to the list. Council Member Kelley made a motion, seconded by Council Member McCammack, to adopt the resolution. Resolution No. 2012-48 was adopted unanimously. T. Police RES. 2012-49 - Resolution of the Mayor aud Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the City of Highland for a Permanent Encroachment License. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No. 2012-49 was adopted unanimously. U. Public Works RES. 2012-50 - Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Order the Vacation of an East-West Alley South of Adell Street, Between "I" Street and the 1-215 Freeway and Reserving Utility Easements Therein. Council Member McCamrnack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No. 2012-50 was adopted unanimously. "' ~ - ~ c :;; u c ~ o <.l ... ... ... - - - c o :~ > ~ ~ ~ .!!1 ~ Ol ~ '" - ..., N - o ')l Ol "';" '" o - c ~ E .c u '" - ~ Mayor and Common Council of the City of San Bernardino Page 8 Joint Regular Meeting Minutes March 19, 2012 6. COMMITTEE CONSENT A. City Attornev Resolution of the Mayor and Conunon Council of the City of San Bernardino Reestablishing the Position of Paralegal in the City Attorney's Office. Council Member McCammack made a motion, seconded by Council Member Jenkins, to reestablish the position of paralegal, Range 3480, $4864-5912/month, in the City Attorney's Office. The motion carried with Marquez, Shorett, and Kelley voting "no." Council Member Johnson immediately informed the City Clerk that he had meant to vote "no" but had voted "yes" by mistake. A re-vote was taken and the motion failed with Marqnez, Shorett, Kelley, and Johnson voting "no." Later in the meeting, Council Member McCammack made a motion, seconded by Council Member Jenkins, to reconsider Agenda Item No. 6A. The motion failed with Marquez, Shorett, and Kelley voting "no" and Johnson abstaining. B. Human Resources Approval of Risk Division Manager Classification as Unclassified Position City Attorney Penman advised that there was a legal issue-that the Charter requires that all department heads/managers be unclassified. Someone could point to this position as not following the Charter; therefore, there needed to be a change in the classification in order to be in compliance with the Charter and to remove potential lawsuits. Council Member Marquez made a motion, seconded by Council Member Johnson, to reclassify the position of Risk Division Manager, Range 4570, $7620 - $9262/month, to Risk Division Manager (U), Range 4570, $7620 - $9262/month; approve the job description for Risk Division Manager (U), Range 4570, $7620 - $9262/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011- 218 to retlect this action. The motion carried with McCammack abstaining. C. Human Resources Position Reclassifications for Community Development Department Council Member McCammack made a motion to continue the matter. The motion failed for lack of a second. Council Member Johnson made a motion, seconded by Council Member Kelley, to approve revised job description for Customer Service Representative, Range 1350, $2543 - $3092/month; reclassify Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month, to Customer Service Representative position, Range 1350, $2543 - $3092/month; delete Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month; reclassify one (I) vacant Customer Service Representative 7.B.c "' Q) - " c: ::;: 'u c: " o u " .... .... - - - - c: o :!!1 > Q) f!S ~ .!! " Ol Q) '" - .., N - o N . '" - . M o '" c: Q) E .c: u co - <1 Mayor and Common Council afthe City of San Bernardino Page 9 ,;O;;~ei;pPl:.182 .. .. 'J\~Y~-,>!:d~'t1;~i~",:':;; 7;B.c Joint Regular Meeting Minutes March 19, 2012 position, Range 1350, $2543 - $3092/month, to Administrative Assistant position, Range 1380, $2954 - $35911month; authonze the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. The motion carried with Valdivia and McCamrnack voting "no." D. Parks. Recreation & Communitv Services RES. 2012-51 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Continuation Grant Application with the Corporation for National and Community Service, and Authorizing the Acceptance of the Grant in the Amount of $47,310 to Continue the Administration and Operation of the Retired and Senior Volunteer Program for the Period of April I, 2012, through March 31, 2013. Council Member Shorett made a motion, seconded by Council Member McCammack, to adopt the resolution. Resolution No. 2012-51 was adopted uuauimously. E. Parks. Recreation & Commuuity Services RES. 2012-52 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an On-Line Grant Application to Kaiser Permanente Regional Operation Splash Community Benefit Grants Program for Funding in the Amount of $30,000 and Ratifying the Submittal of a Letter of Interest to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grants Program for Funding in the Amount of $25,000 to Provide the Parks, Recreation and Community Services Deparhnent Aquatics Program for the 2012 Summer Season. Council Member Marquez made a motion, seconded by Council Member Valdivia, to adopt the resolution. Resolutiou No. 2012-52 was adopted unanimously. 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Public Works RES. 2012-53 - Resolution of the City of San Bernardino Finding and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention Basin and Storm Drains in the Tippecanoe A venue and Central A venue Area, Approving the Final Engineer's Report, Creating an Assessment District to Cover the Costs of Said Maintenance, Known as Assessment District No. 1068, Ordering the Work, Confirming the 2012-2013 Assessment Roll, and Determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply. (Continued from February 21,2012.) Note: Agenda Item Nos. 7 A and 7B were considered simultaneously. The hearing remained open. No public comments were received. " <ll - :J " :0 'u " :J o t) .. .... .... - - - - " o VI .;; <ll ~ - !l1 :J Cl <ll O! - -, '" - c '" a. "';' '" c .;.; " <ll E .c u ~ - :0: Mayor and Common Council of the City afSan Bernardino Page 10 Joint Regular Meeting Minutes March 19, 2012 Counell Member McCammack made a motion, seconded by Council Member Kelley, to close the hearings and adopt the resolutions. The motion carried and Resolution No. 2012-53 was adopted unanimously. B. Pnblic Works RES. 2012-54 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Landscape Maintenance Services Agreement Relative to the Proposed Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District). (Continued from February 21,2012) This item was considered during the discussion on Agenda Item No.7 A. The hearing remained open. Council Member McCammack made a motion, seconded by Council Member Kelley, to close the hearings and adopt the resolutions. The motion carried and Resolution No. 2012-54 was adopted unanimously. c. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Fees and Rates to be Charged for Collection of Green Wastes and Recyclables, and Repealing Resolution 2008-433. Mayor Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments: Sadie Rodriguez, San Bernardino, CA, submitted a petition and expressed opposition to the rate increase. Kathy Mallon, San Bernardino, CA, opposed the rate increase, stating that at the very least there should be a program to help those with low/limited income. Joseph Lopez, San Bernardino, CA, expressed opposition, stating that the biggest problem is the escalator clause. Cheryl Brown, San Bernardino, CA, did not speak to the rate increase, but asked the City to look at how they pick up the trash. She stated that she owns a business and is required to have a huge receptacle, and many people dump their trash at her business. She would like the City to look at reducing the size of the containers. Assistant City Manager Travis-Miller advised that 40 letters had been received from residents, mostly in opposition, and copies would be provided to the Mayor and Council. Council Member Kelley made a motion, seconded by Council Member McCammack, to table. Subsequently, Ms. McCammack withdrew her second, and the motion failed for lack of a second. 1.B.c Ul Q) - " r:: :!! " r:: " o () ... .... .... - - - r:: o ~ 'S: Q) ~ ~ .. " Cl Q) '" - .., N - '" ')l '" - , M C - r:: Q) E .r:: " .. Ji! Mayor and Common Council of the City of San Bernardino Pagel! n~~lr' Itt""M:M..rl Joint Regular Meeting Minutes March 19, 2012 Council Member McCammack made a motion, seconded by Council Member Marquez, to table the matter. The motion carried unanimously. 8. CONTINUED ITEMS A. Community Develooment Management Study of the Code Enforcement Division by Matrix Consulting Group (Continued from February 6, 2012) Council Member McCammack stated she needed more time to study the backup materials and requested that the matter be continued for two weeks. Council Member Johnson made a motion, seconded by Council Member Kelley, to continue the matter to the Council meeting of April 2, 2012. The motion carried unanimously. 9. STAFF REPORTS A. Citv Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and Code Publishing, Inc., to Provide Municipal Code Codification Services. Council Member Shorett made a motion, seconded by Council Member Johnson, to approve. The motion failed with Marquez, Jenkins, Valdivia, Kelley, and McCammack voting "no." B. Council Office City Clerk's Salary Per City Charter Section 24-B See Agenda Item No. 5P for the action taken on this matter. C. Council Office Election of Mayor Tempore Council Member Shorett nominated Council Member Kelley to serve as Mayor Pro Tempore during the coming year. Council Member Shorett made a motion, seconded by Council Member Marquez, to elect Council Member Kelley to serve as Mayor Pro Tempore until March 18, 2013. The motion carried unanimously. D. Council Office San Bernardino Hometown Heroes Military Barmer Program Council Member Johnson provided a brief update of the barmer program. 7.B.c "' ~ ~ ~ c :e " c ~ o U ... ... ... ~ - ~ c o :~ > '" !!S - ~ ~ Ol '" '" ~ ..., N ~ o '1' '" ~ . '" o ~ c ~ E .<: " ~ ~ :;: Mayor and Common Council of the City oISan Bernardino Page 12 I?'~l!!ifm;" '1 it ..,,,,,, 'na,v.1~~,. Joint Regular Meeting Minutes March 19, 2012 Council Member Marquez made a motion, seconded by Council Member Johnson, to receive and file the committee update and to include the Hometown Heroes Military Banner Program in the payroll deduction program available to employees for making donations to various organizations. The motion carried unanimously. E. Council Office The Drafting of an Economic Development Strategic Plan for the City of San Bernardino Council Member Marquez made a motion, seconded by Council Member Kelley, to direct the City Manager's Office to initiate the development of an Economic Development Strategic Plan. The motion carried unanimously. 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY A. Civil Service Personnel Actions - Classified Council Member Marquez made a motion, seconded by Council Member Johnson, to continue the matter to the Council meeting of April 2, 2012. The motion carried unanimously. 11. PUBLIC COMMENTS Betty Jean Long, San Bernardino, CA, discussed recent events in her life involving her guardian angels. Henry Christianson, San Bernardino, CA, discussed global, national, and local turmoil, stating that people don't see the common thread that exists between them-a lack of prayerful guidance. He invited people to join him and others who meet to pray outside of City Hall. Hilda Ortega Munoz, San Bernardino, CA, asked for assistance in finding someone to talk to about the Westside Community Hospital and the status of its ownership and other issues. She stated that the Westside needs this hospital, but residents are concerned that there are plans to replace it with a convalescent home. The mayor stated that a new chief executive officer by the name of June Cullinson was recently appointed at the hospital and suggested contacting her for information. Hans Vandertouw, San Bernardino, CA, spoke regarding the Downtown Revitalization Plan. He stated that it seems the City's main goal is attracting low income residents, but this seems counterproductive to measures being taken to enhance the City. Barbara Babcock, San Bernardino, CA, spoke regarding women's health and women's accomplishments and announced that the Home of Neighborly Services is having its first annual Women's Leaders Recognition on Saturday, March 23, from II a.m.-2 p.m. 7.B.c "' ~ - ~ c :;; '<3 c ~ o o ",. .... .... - - - c .2 .!! > ~ ~ ~ ~ ~ Ol ~ ~ - ..., N - o <"! en - , '" o .. c ~ E .r: " ~ - :( Mayor and Common Council of the City of San Bernardino Page J 3 "- Ill,p. .'. ,,"\~I Joint Regular Meeting Minutes March 19, 2012 Jim Smith, San Bernardino, CA, congratulated Mr. Kelley on being elected Mayor Pro Tern, encouraged residents to volunteer to buy one of the Hometown Heroes Military Banners, gave kudos to City Clerk Gigi Hanna, and encouraged people to reach out and support the many wonderful nonprofit organizations in the city. Shirley Harlan, San Bernardino, CA, spoke regarding the 24th Annual Ollie McDonald Senior Showcase entitled "Come Fly With Us" to be held Saturday, March 31, 2012, at I :30 p.m. at Sturges Center for the Fine Arts located at 780 North E Street in San Bernardino. Chelsea McCammack, San Bernardino, CA, expressed admiration and support for her mother, Council member Wendy McCammack, both personally and professionally, stating that she tries to be there for everyone in the City and has been very supportive of her personally through many ups and downs. 12. ADJOURNMENT The meeting adjourned at 8:40 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1 :30 p.m., Monday, April 2, 2012. GEORGEANN "GIG!" HANNA City Clerk By: Linda E. Hartzel Deputy City Clerk 7.B.c Ul " - => c :;; " c => o U ... .... .... - - - c o 'iij .:;: " ~ ~ .. => co " O! - -, N - o N , '" ";" M o - c " E .c " .. :i Mayor and Common Council of the City of San Bernardino Page 14 I_FYI ;~>,'t_~#, 0v,p",iitrl