HomeMy WebLinkAbout09.A- City Clerk DOC ID: 1855 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi"Hanna M/CC Meeting Date: 09/04/2012
Prepared by: Linda Sutherland, (909) 384-
5002
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes of April 2, 2012; April 3, 2012; April 16, 2012; and April 19, 2012. (At
Meeting of July 16, 2012, Item Continued to August 6, 2012; Item Continued to September 4,
2012.)
Financial Impact:
None.
Motion: Approve the minutes of the following Council meetings: April 2, 2012; April 3,
2012;April 16, 2012; and April 19, 2012.
Synopsis of Previous Council Action:
None.
Background:
None.
Supporting Documents:
04-02-2012 Jr. Regular(Draft) (PDF)
04-03-2012 Jt. Adj.Regular(Draft) (PDF)
04-19-2012 Jt. Adj.Regular(Draft) (PDF)
04-16-2012 Jt. Regular(Draft) (PDF)
i
i
i
I
Updated:8/30/2012 by Linda Sutherland A
i
9.A.1
nr:ak:„ City of San Bernardino Mayor Patrick J. Morris
300 North "D" Street Council Members
Virginia Marquez
San Bernardino, CA 92418
Robert D.Jenkins
http://wN w.sbcity.org John Valdivia
Fred Shorett
Deo tN t Chas A. Kelley
Rikke Van Johnson
Wendy McCammack
N
O
DRAFT MINUTES N
a
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL ai
OF THE CITY OF SAN BERNARDINO m
3
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
0
0
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N
m
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING m
AS THE HOUSING AUTHORITY °
R
3
MONDAY,APRIL 2,2012 rn
m
COUNCIL CHAMBERS tr
N
O
The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:30 p.m., Monday, ry
April 2, 2012, in the Council Chambers,300 North 'D" Street, San Bernardino,CA.
v
0
Call to Order m
E
Attendee Name Title Status Arrived v
m
Virginia Marquez Council Member, Ward 1 Present
Robert D. Jenkins Council Member, Ward 2 Present
John Valdivia Council Member, Ward 3 Present
Fred Shorett 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
Charles McNeely City Manager Present
Georgeann "Gigi" Hanna City Clerk Present
James F. Penman City Attorney Present
Patrick J.Morris Mayor Present
Mayor and Common Council of the City of San Bernardino Pagel
Paeket Pg.214
9.A.1
Joint Regular Meeting Minutes April 2, 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):
Coley. Gayle v. City of San Bernardino - San Bernardino Superior Court, Case No.
CIVDS 1107016;
Meiia, Maria D., et al. v. City, et al. - United States District Court, Case No. EDCVII-
00452 VAP(DTBx).
B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -
0
pursuant to subdivision (b)(1), (2), (3)(A-F)of Government Code Section 54956.9. N
a
C. Conference with legal counsel -anticipated litigation- initiation of litigation - pursuant to c
subdivision (c)of Government Code Section 54956.9: v
City of San Bernardino v. San Bernardino City Unified School District, et al. - San
Bernardino Superior Court; —
u
D. Closed Session-personnel -pursuant to Government Code Section 54957:
City Manager
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. °-
m
F. Conference with labor negotiator-pursuant to Government Code Section 54957.6. a
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8. N
0
N
City Attorney Penman announced that the following additional case would be discussed in o
closed session: o
Gavle Coley v. City of San Bernardino—Case No. CIVDS 1107016. E
z
U
Closed Session Announcement
City Clerk Hanna announced that during closed session a motion was made by Council Member a
Valdivia, seconded by Council Member McCammack,to accept the resignation of City Manager
Charles McNeely and that he be placed on inactive status until his leave date of May 1, 2012.
The motion failed with Marquez and Shorett voting "no," Kelley abstaining and Johnson
absent.
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all resolutions and ordinances on
the agenda.
Mayor and Common Council of the City of San Bernardino Page 2 ..
9.A.1
Joint Regular Meeting Minutes April 2, 2012
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joshua Beckley from Ecclesia Christian Fellowship. The
pledge of allegiance was led by Michaela Anne Parada, a fifth grade student at Wilson
Elementary School.
2. Appointments
A. Mayor's Office
Appointment of Joe Arnett to the Historical Preservation Commission -Council Member
Valdivia
N
Motion: Approve the appointment of Joe Arnett to the Historical Preservation N
Commission as requested by Council Member Valdivia. _
a
RESULT: ADOPTED [UNANIMOUS]
N
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3 g
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack
0
B. Mayor's Office
Appointment of Carmen Compian to the Animal Control Commission -Council Member N
Valdivia.
Motion: Approve the appointment of Carmen Compian to the Animal Control 2
Commission as requested by Council Member Valdivia. °-
-
----------- -- __ M
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia,Council Member, Ward 3 rr
SECONDER: Wendy J. McCammack, Council Member, Ward 7 N
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack- N
-------------- N
O
C. Mayor's Office
Appointment of Isabella E. Walbourne to the Senior Affairs Commission - Council a
Member Valdivia. E
r
v
m
Motion: Approve the appointment of Isabella E. Walbourne to the Senior Affairs a
Commission as requested by Council Member Valdivia.
RESULT: ADOPTED [UNANIMOUS] '..
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack
Mayor and Common Council ofthe City of San Bernardino Page 3 -
Packet Pg.216
9.A.1
Joint Regular Meeting Minutes April 2, 2012
D. Mayor's Office
Appointment of Deborah Burger to the Fine Arts Commission - Council Member
Valdivia.
Motion: Approve the appointment of Deborah Bunger to the Fine Arts Commission
as requested by Council Member Valdivia.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Chas A. Kelley, Council Member, Ward 5
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N
N
E. Mayor's Office a
Appointment of Johnnie Ann Ralph to the Historical Preservation Committee - Council a
Member Johnson.
m
Motion: Approve the appointment of Johnnie Ann Ralph to the Historical S
Preservation Committee as requested by Council Member Johnson.
c
RESULT: ADOPTED [UNANIMOUS] v
MOVER: Rikke Van Johnson,Council Member, Ward 6 N
SECONDER: Chas A. Kelley, Council Member, Ward 5 m
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack x
A
0
3. Presentations —°
3
rn
d
A. Retirement Certificate to Albert K. Karnig, President of California State
University,San Bernardino-Council Member Kelley
N
0
N
B. Certificate of Recognition to CSUSB Kappa Delta Sorority — Council c
Member Kelley °o
C. Certificates to CSUSB 2011-2012 Coyotes Women's Volleyball Team - E
National Champion Runners Up—Council Member Kelley
A
Q
D. Certificate to San Bernardino Principal of the Year - Council Member
Jenkins
A presentation was made to Sandra Rodriguez, principal of San Bernardino High
School, who was recognized by the Region 12 Association of California School
Administrators, which includes both Riverside and San Bernardino Counties.
E. Hometown Heroes Military Banner Unveiling Ceremony - Council Member
Johnson
Mayor and Common Council of the City of San Bernardino Page 4
Packet Pg. 217
9.A.1
Joint Regular Meeting Minutes April 2, 2012
F. National Library Week
A proclamation designating April 8-14, 2012 as National Library Week was
presented to Interim Library Director Deborah Clark.
G. 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.
0
N
5. Consent Calendar Q
a
A. City Clerk y'
Waive Full Reading of Resolutions and Ordinances
L
Motion: Waive full reading of resolutions and ordinances on the agenda.
u
0
RESULT: ADOPTED [UNANIMOUS]
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: John Valdivia,Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
x
0
B. City Attorney
RES. 2012-55 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Professional Services Agreement Between
Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in
the Case of Michael Wade v. City of San Bernardino, et al., United States District Court N
Case No. CV 11-9831 GHK(SPx). N
N
Motion: Adopt Resolution. O o
RESULT: ADOPTED [UNANIMOUS] E
MOVER: Fred Shorett, Council Member, Ward 4 u
SECONDER: Virginia Marquez,Council Member, Ward 1
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack
C. City Clerk Review
Set Public Hearing for Ward Redistricting Within the City of San Bernardino
It was requested by the Council that colored maps be included in the backup, that full size
maps be placed in the lobby of City Hall, and that they be posted on the City's website to
allow the public the opportunity to view the maps prior to the public hearing.
Mayor and Common Council of the City of San Bernardino Page 5
Packet Pg. 218
9.A:1
Joint Regular Meeting Minutes April 2, 2012
Council Member McCammack recommended amending the motion to set two public
hearings for May 7, 2012 and June 4, 2012.
Motion: Set two Public Hearings for May 7, 2012 and June 4, 2012, at 4:00 p.m. in
the Council Chambers to Consider Options for City Ward Redistricting
within the City of San Bernardino.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Wendy J.McCammack,Council Member, Ward 7
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack N
N
D. Civil Service a
Personnel Actions-Classified
i
r
Council Member Shorett stated that he could not support any promotions at this time. �
Motion: 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 0
Bernardino.
N
RESULT: ADOPTED 15 TO 11
MOVER: Wendy J. McCammack, Council Member, Ward 7 m
SECONDER: Virginia Marquez,Council Member, Ward 1
AYES: Marquez,Jenkins,Kelley, Johnson, McCammack
NAYS: John Valdivia a
cc
ABSTAIN: Fred Shorett
N
O
E. Human Resources �
Personnel Actions-Unclassified
a
0
Motion: Approve and ratify the unclassified personnel actions, as submitted by the a
Director of Human Resources, in accordance with City policies and E
procedures.
RESULT: ADOPTED [UNANIMOUS] a
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Chas A. Kelley, Council Member, Ward 5
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack
F. Public Works
RES. 2012-56 — Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and
Upgrade of the Street Lighting System at Various Locations.
Mayor and Common Council ojthe City ojSan Bernardino Page 6
Packet Pg. 219
9.A.1
Joint Regular Meeting Minutes April 2, 2012
It was requested that staff look into lighting issues on 40`s Street between Sierra and
Waterman; on Baseline, west of Medical Center Drive; and on Fifth Street across from
Our Lady of Guadalupe Church,which would require an encroachment permit.
Motion: Adopt Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia,Council Member, Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson,McCammack
N
O
N
G. Public Works =
RES. 2012-57 — Resolution of the Mayor and Common Council of the City of San
Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and N'
Northpark Boulevard and Approving the Filing of a Notice of Completion. r
c
Motion: Adopt Resolution.
U
RESULT: ADOPTED [UNANIMOUS] u
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack
m
n`
6. Continued Items
ti
A. City Clerk m
Council Minutes(At meeting of March 19, 2012, item continued to April 2,2012.) rr
N
City Attorney Penman stated that his office did not have an opportunity to review the c
minutes;therefore, he requested that the item be continued to May 7, 2012. N
0
e
Motion: To continue the matter to May 7, 2012. °
v
RESULT: CONTINUED [UNANIMOUS] Next: 5/7/2012 1:30 PM E
s
MOVER: Wendy J. McCammack, Council Member, Ward 7 w
SECONDER: Fred Shorett, Council Member, Ward 4 C
AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack
ABSENT: John Valdivia
B. Community Develooment
Management Study of the Code Enforcement Division by Matrix Consulting Group (At
meeting of February 6, 2012, item continued to March 19, 2012; Item continued to April
2, 2012.)
Mayor and Common Council of the City of San Bernardino Page 7
Packet Pg. 220
Joint Regular Meeting Minutes April 2, 2012
Public Comments:
Robert Cravens, Code Enforcement Division employee, asked if the ad hoc committee
could meet after 5:30 p.m. so staff could attend.
Motion: To refer the item to the Code Enforcement Ad Hoc Committee and
authorize the Director of Community Development to review
recommendations of the Matrix Consulting Group's Management Study of
the Code Enforcement Division with the committee and report back to the
Mayor and Common Council with recommendations.
RESULT: ADOPTED [UNANIMOUS] N
MOVER: Chas A. Kelley, Council Member, Ward 5 N
SECONDER: Wendy J. McCammack,Council Member, Ward 7 Q
AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack ci
d
J
7. Staff Reports
A. City Attorney
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending Section 15.26.060 of the San Bernardino Municipal Code Regarding the
Single-Family Rental Property Inspection Program. (FIRST READING)
Motion: Lay over Ordinance for final adoption. m
0
RESULT: FIRST READING [UNANIMOUS] Next: 4/1612012 1:30 PM
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack
N
N
B. City Manager
Federal Legislative Advocacy Update, Innovative Strategies (Federal Lobbyist) o
C
Leticia White from Innovative Federal Strategies stated that legislative priorities for 2012 E
included transit funding, funds for law enforcement programs, support for local m
businesses, energy efficient upgrades to City facilities and support for water recycling. a
Public Comments:
Jay Lindberg, former resident of the City of San Bernardino.
Consensus
Motion: Receive and file the report.
Mayor and Common Council of the City of San Bernardino Page 8
Packet Pg. 221
9.A.1
Joint Regular Meeting Minutes April 2, 2012
C. City Manaeer
Oral Update on the Status of the Redevelopment Agency/Economic Development
Agency Transition
Consensus
Motion: Receive and file.
D. Community Development
Request to Refer to Legislative Review Committee Potential Development Code
Amendments Regarding Electric Fences
N
Motion: Refer the matter to the Legislative Review Committee. N
a
RESULT: ADOPTED [6 TO 01 C'
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: John Valdivia,Council Member, Ward 3
c
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson
ABSTAIN: Wendy J. McCammack
3
O
U
E. Council Office
Council Committee Assignments m
Motion: Approve the recommended Council Committee assignments. A
o'
RESULT: ADOPTED [UNANIMOUS]
3
MOVER: Chas A. Kelley,Council Member, Ward 5 d
SECONDER: Rikke Van Johnson,Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack
N
N
F. Council Office c
Payroll Voluntary Contribution Choice o
c
Motion: Request City Manager to direct the Finance Director to create a new E
payroll line item whereby city employees may voluntarily donate to the
San Bernardino Hometown Heroes Military Banner program and direct a
the City Attorney's Office in cooperation with the City Manager's Office
to draft the necessary legal documents.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Rikke Van Johnson,Council Member, Ward 6
SECONDER: Wendy J.McCammack, Council Member, Ward 7
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack
Mayor and Common Council of the City of San Bernardino Page 9
Packet Pg. 222
9.A.1
Joint Regular Meeting Minutes April 2, 2012
G. Council Office
Policy to Avoid Government by Surprise
Motion: Refer to the Legislative Review Committee the request to draft a policy
change to ensure that the Mayor, Common Council and the public receive
all personnel action items in a timely and fully transparent manner to
avoid "government by surprise"situations.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert D.Jenkins, Council Member, Ward 2
SECONDER: Chas A. Kelley,Council Member, Ward 5
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack N
a
a
H. Council Office W
RES. 2012-58 — Resolution of the Mayor and Common Council of the City of San 3
Bernardino in Support of AB 1437 Budget Transparency, an Act to Add Section 9518 to
the Government Code, Relating to the State Budget. —
U
G
Motion: Adopt Resolution. U
..--------------__—__ — N
N
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3 x
SECONDER: Wendy J. McCammack, Council Member, Ward 7 0
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack `m
3
c
8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE SAN BERNARDINO REDEVELOPMENT c
AGENCY N
N
Q
A. Civil Service o
Personnel Actions - Classified (At Meeting of March 19, 2012, Item Continued to April
2,2012.) £
z
U
Motion: Approve the classified personnel actions pursuant to Civil Service Rule
502 (b), as submitted by the Chief Examiner, in accordance with Civil a
Service Rules and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino Acting as the Successor Agency to
the Redevelopment Agency.
Mayor and Common Comcd of the City of San Bernardino Page 10
Packet Pg.223
9.A.1
Joint Regular Meeting Minutes April 2, 2012
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J.McCammack,Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
9. SAN BERNARDINO HOUSING AUTHORITY
A. City Attorney
RES. 2012-59 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Acting as Successor Housing Agency to the Redevelopment Agency of the N
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 al., v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS 1114110.
Public Comments:
Scott Olson, San Bernardino,CA. U
0
Motion: Adopt Resolution.
N
FO
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J.McCammack,Council Member, Ward 7
SECONDER: Rikke Van Johnson,Council Member, Ward 6 n`
AYES: Marquez, Jenkins, Valdivia, Shorcu, Kelley,Johnson,McCammack
3
m
v
rx
10. Public Comments on Items Not on the Agenda
N
Faizah Dean, San Bernardino, CA, President of Female Discrimination, a charitable N
organization that organizes and develops projects to promote awareness of female o
discrimination, stated that females do not need more welfare, but a secure future of just a
employment and opportunity, better wages and health care. She also spoke about tax
evasion and the IBEW Local Union#47. o
E
S
U
Scott Olson, San Bernardino, CA, spoke about mobile home rent control issues and a
announced that he is working on a Facebook page called "the San Bernardino Mobile
Residents Group"for anyone who lives in a mobile home park to look for information.
Jay Lindberg, former resident of the City of San Bernardino, spoke about the concept of
solar energy as a means to put people to work and to save money on utility bills.
Council Member McCammack stated that she would like to publicly get information out
to businesses and homeowners regarding available funding opportunities.
Mayor and Common Council of the City of San Bernardino Page//
Packet Pg.224
9.A.1
Joint Regular Meeting Minutes April 2, 2012
11. Adjournment
At 8:34 p.m., the meeting adjourned to Tuesday, April 3, 2012 at 5:00 p.m. in the
Economic Development Agency Boardroom to review the FY 2011/12 City budget. 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 16, 2012.
GEORGEANN "GIGI"HANNA
City Clerk
0
N
By Q
Linda Sutherland
N
Deputy City Clerk
c
u
c
J
0
U
N
N
{
R
i
d
7
� N
O
N
N
O
R
O
C
W
L
V
R
Q
i
i
1
I
i
�i
Mayor and Common Coemcil of the City of San Bernardino Page 12
Packet Pg.225
9.A.2
�ttS ARar �l�as,or Patrick J. Morris
$ �o City of San Bernardino
4@ 300 North "D" Street Council Members
c - - Virginia Marquez
San Bernardino, CA 92418 Robert D. Jenkins
r htt //www.sbci or
P� tY• g John Valdivia
Fred Shorett
NpE.p tN Chas A. Kelley
Rikke Van Johnson
Wendy McCammack
i
N
O
N
Q
DRAFT MINUTES a
JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL "wl
OF THE CITY OF SAN BERNARDINO
c
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 3
0
U
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o
AS THE HOUSING AUTHORITY
TUESDAY,APRIL 3,2012
ECONOMIC DEVELOPMENT AGENCY BOARD ROOM
v
a
The joint adjourned regular meeting was called to order by Mayor Morris at 5:09 p.m., Tuesday, N
April 3, 2012, in the Economic Development Agency Board Room, 201 North 'B" Street, San N
Bernardino, CA. o
v
O
Call to Order
a
E
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward I Present
Robert D. Jenkins Council Member, Ward 2 Present a
John Valdivia Council Member, Ward 3 Present
Fred Shorett 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
Charles McNeely City Manager Present
Georgeann "Gigi" Hanna City Clerk Present
James F. Penman City Attorney Present
Patrick J. Morris Mayor Present
Mayor and Common Council of the City of San Bernardino Page I
Packet Pg. 226
F9.A.2
Joint Adjourned Regular Meeting Minutes April 3, 2012
1. Staff Reports
A. City Manaser
Mid-Year Budget Review for FY 2011-2012
City Manager Charles McNeely stated that this report was an informationalloverview
item, and suggested that the Council not take action at this meeting, but consider the
information, put the issue on the April 16, 2012 agenda for consideration or referral to
Ways and Means and/or the Budget Ad Hoc Committee and provide staff direction at that
point. N
0
N
Former Finance Director Barbara Pachon gave an overview of the ongoing budget =
challenges, including a mid-year budget deficit of $3.183 million, attributed to a $1.7 C
million lawsuit, $2.5 million in retirement/separation payouts and an increase in the City
Attorney's Office budget.
c
There was discussion about a deficit in the City's liability fund, and a need for it to be
more robust. Mr. Penman advised the Council that the amount in the liability fund does
not indicate the amount the City would be likely to pay in claims, but is an insurance
policy against them. He stated that the mid-year budget did not reflect an accurate
description of the amount the City would spend in the coming three months for existing
or new claims.
x
Motion: For staff to report to the Council about creating two reserve funds: one for o`
the City overall and another fund to cover payoffs of vacation and sick
time accruals. m
m
RESULT: ADOPTED [UNANIMOUS] X4
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Wendy J. McCammack, Council Member, Ward 7
N
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack o
N
M
O
B. City Manaser
FY 2011-2012 Budget Balancing Measures
E
City Manager Charles McNeely discussed budget balancing measures, including keeping
vacant positions within several departments vacant for the remaining three months of the a
fiscal year, and strategic budget cuts from several departments that amount to a $2.625
million savings for FY 2011-12.
Discussion ensued about the sources of the proposed cost cuts. Mr. McNeely said he
would provide a complete list to the Council by April 4, 2012.
Motion: Refer the matter to the Budget Ad Hoc Committee for discussion and
bring the matter back to the Council on April 16, 2012.
Mayor and Common Council ofthe City of San Bernardino Paget
Packet Pg.227
Joint Adjourned Regular Meeting Minutes April 3, 2012
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J. McCammack,Council Member, Ward 7
SECONDER: John Valdivia,Council Member, Ward 3
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack
2. CLOSED SESSION R
0
N
Pursuant to Government Code Section(s): _
c
Q
A. Conference with legal counsel -existing litigation-pursuant to Government Code
Section 54956.9(a). 2
c
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code U
Section 54956.9. o
v
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.
0
E. Closed session with Chief of Police on matters posing a threat to the security of 3
public buildings or threat to the public's right of access to public services or d
public facilities-pursuant to Government Code Section 54957.
a
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. N
0
N
G. Conference with real property negotiator - pursuant to Government Code Section o
54956.8. $
c
Assistant City Attorney Grider announced that the following items would be discussed in E
I closed session under Agenda Item No. 2F, conference with labor negotiator: m
General
Middle Management
Management/Confidential
Fire Safety
Fire Management
Police Safety
Police Management
i
Mayor and Common Council of the City of San Bernardino Page 3
Packet Pg. 228
9.A.2
Joint Adjourned Regular Meeting Minutes April 3, 2012
3. Staff Reports
A. City Manaeer
Budget Strategies
Finance Director Jason Simpson discussed cost containment strategies and proposed
revenue enhancements such as taxes and user fees, standardized lien processes,
contracting services such as refuse and public safety, and providing services to other
cities.
There was discussion about the need for greater scrutiny of the contracts/purchase orders N
under $25,000. Mr. Simpson stated that the New World Financial system makes that N
easier, and can produce monthly reports of all the purchase orders written each month. _
a
Q
Motion: Keep the level of contracts needing Council approval at $25,000 and
above, but require that the Council receive a monthly accounting of all the
contracts and purchase orders for less than $25,000.
RESULT: ADOPTED [UNANIMOUS] c
MOVER: Fred Shorett, Council Member, Ward 4 u
SECONDER: Virginia Marquez,Council Member, Ward 1 N
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack m
4. Public Comments o
Roger Henderson, San Bernardino, CA, spoke about the need to keep City park services. rn
d
Tobin Brinker, San Bernardino, CA, spoke about the need for pension reform and a
decried the lack of pension information in the agenda back-up material. a
N
Gary Walbourn, Colton, CA, spoke about the Council needing to make decisions that S
would help businesses and create more jobs. M
v
0
5. Adjournment
The meeting adjourned at 9:45 p.m. The next joint regular meeting is scheduled for 12
p.m., Monday, April 16, 2012, for closed session, and 3 p.m. for open session.
m
a
GEORGEANN"GIGP'HANNA
City Clerk
By
Linda Sutherland
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 4
Packet Pg. 229
9.A.3
�tgNAKUI City of San Bernardino Mayor Patrick J. Morris
300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez
Robert D. Jenkigs enkirys
http://www.sbcity.org John Valdivia
Fred Shorett
n I Chas A. Kelley
Rikke Van Johnson
Wendy McCammack
N
O
DRAFT MINUTES N
a
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL <i
OF THE CITY OF SAN BERNARDINO "w
L
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY u
c
3
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N
AND
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING m
AS THE HOUSING AUTHORITY °
R
MONDAY,APRIL 16,2012 3
rn
d
COUNCIL CHAMBERS
The joint regular meeting was called to order by Mayor Patrick J. Morris at 12 noon, Monday, c
April 16, 2012, in the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, CA.
a
0
Call to Order v
E
Attendee Name Title Status Arrived u
m
Virginia Marquez Council Member, Ward 1 Present a
Robert D. Jenkins Council Member, Ward 2 Present
John Valdivia Council Member, Ward 3 Present
Fred Shorett 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
Charles McNeely City Manager Present
Georgeann "Gigi" Hanna City Clerk Present
James F. Penman City Attorney Present
Patrick J. Morris Mayor Present
Mayor and Common Council ofthe City of San Bernardino Vane I
Packet Pg. 230
Joint Regular Meeting Minutes April 16, 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).
Monica Ballard et al. v. City of San Bernardino, et al. — United States District Court,
Case No. CV 10-02769;
Patricia Carson v. City of San Bernardino - San Bernardino Superior Court, Case No.
CIVDS 912104;
San Bernardino City Professional Firefighters Local 891 v City of San Bernardino et c
al. - San Bernardino Superior Court,Case No.CIVDS 1007708; N
Q
San Bernardino City Professional Firefighters Local 891 /PERK v. City of San c
Bernardino, et al. -Unfair Practice Charge#LA-CE-714-M;
San Bernardino City Professional Firefighters Brian Crowell and Byron Kuhn v Citv of
San Bernardino et al. - San Bernardino Superior Court, Case No.CIVDS 1012967;
U
G
Sinh v. City of San Bernardino - Case No. CIVDS 1003080 (consolidated with Case No. 'o
CIVDS 1003219);
B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -
pursuant to subdivision(b)(1), (2),(3) (A-F)of Government Code Section 54956.9:
x
First American Title Insurance Company v. City of San Bernardino 0
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:
0
N
General Unit
Mid-Management Unit °o
Management/Confidential Unit
Fire Safety Unit
Police Safety Unit
Police Management Unit
a
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.
Reading of Resolutions and Ordinances
Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the
agenda.
Mayor and Common Council of the City ofSan Bernardino Page 2
=.x
9.A.3
Joint Regular Meeting Minutes April 16, 2012
Moment of Silence
A moment of silence was observed in memory of Lou Yeager and Raymond Negrete.
Invocation/Pledge of Allegiance
The invocation was given by Draymond Crawford, a City employee from the Ppblic Works
Department. The pledge of allegiance was led by Eduardo Mondragon, a fifth grade student at
Vermont Elementary School.
2. Appointments
A. Mayor's Office
Appointment of Christopher Crosson to the Parks & Recreation Commission - Council N
Member Valdivia °ry
Council Member Valdivia made a motion, seconded by Council Member Shorett, to
approve the appointment of Christopher Crosson to the Parks & Recreation Commission
as requested by Council Member Valdivia. The motion carried unanimously.
c
B. Mayor's Office —
Appointment of John H. Walters to the Board of Police Commissioners - Council
Member Valdivia 0
N
Council Member Valdivia made a motion, seconded by Council Member Marquez, to
approve the appointment of John H. Walters to the Board of Police Commissioners as
requested by Council Member Valdivia. The motion carried unanimously.
o`
C. Mayor's Office
Appointment of Frederick Grochulski to the Planning Commission - Council Member
Valdivia
Council Member Valdivia made a motion, seconded by Council Member Jenkins, to
approve the appointment of Frederick Grochulski to the Planning Commission as N
requested by Council Member Valdivia. The motion carried unanimously.
c
0
3. Presentations
a
E
r
A. Service Pins Awards Ceremony m
a
The following individuals were presented a service pin award by Mayor Morris in
recognition of their many years of dedicated service to the City:
Name Department Years of Service
Patrick Burton Fire 10
Jeanette Lucas Fire 10
Ambrose Kamam Human Resources 5
Jason Suarez Information Technology 20
Janice Conway Library 35
Edward Edavek Library 15
Rashawd Cobbs Police 5
Mayor and Common Council of the City of San Bernardino Page 3
Packet Pg.232
F9.A.3
Joint Regular Meeting Minutes April 16, 2012
Jill Fonzi Police 15
Tina Martinez Police 15
William Porch Police 5
James Voss Police 35
Monica Bentley Public Works 5 ,
Alfred Perez Public Works 5
Deborah Serafin Public Works 15
B. Student of the Month
Council Member McCammack presented the Student of the Month award to Andrea
Swanson, a senior at San Gorgonio High School.
N
C. Chamber of Commerce Announcements R
Chamber of Commerce announcements were presented by Jim Gerstenslager. -
a
Q
D. First Quarter Employee Recognition Awards N
The following individuals were awarded First Quarter Employee Recognition Awards by
Mayor Morris:
Janice Munoz
Gerald Castle
N
4. Announcements
Announcements were made by the Mayor, members of the Common Council, and elected —
officials regarding various civic/community events and activities.
0
5. Consent Calendar
a
A. City Clerk
Waive Full Reading of Resolutions and Ordinances
N
Council Member Shorett made a motion, seconded by Council Member Marquez to °v
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 April 16, 2012. The motion carried unanimously.
d
E
B. City Attorney v
ORD. MC-1372 - Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending Section 15.26.060 of the San Bernardino Municipal Code a
Regarding Single Family Residential Inspection Program. (FINAL READING)
Council Member Shorett made a motion, seconded by Council Member Marquez to adopt
the Ordinance. Ordinance No.MC-1372 was adopted unanimously.
C. City Clerk
Council Minutes
Council Member Valdivia stated that he would like to see more detail in the minutes.
Mayor and Common Council of the City ojSan Bernardino Page 4
Packet Pg. 233
i
9.A.3
Joint Regular Meeting Minutes April 16, 2012
City Clerk Hanna stated that the minutes were being prepared in accordance with the
current Department Directive Letter—DDL-68.
City Attorney Penman advised that the City Clerk was an elected official and, therefore,
was not required to follow DDL-68. ,
Council Member Valdivia made a motion, seconded by Council Member McCammack to
continue approval of the minutes for January 9, 2012; February 6, 2012; and March 19,
2012,to the Council meeting of May 7,2012. The motion carried unanimously.
D. Civil Service
Personnel Actions–Classified
b
N
Council Member McCammack stated that she did not like the verbiage approve and c
Q
ratify.
i
Council Member McCammack 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 Valdivia 3
voting"no"and Shoreti abstaining. 0
N
E. Public Works m
RES. 2012-62 - Resolution of the Mayor and Common Council of the City of San
Bernardino Declaring that 11th Street is a through Highway between Medical Center
Drive and Mt.Vernon Avenue, except at Western Avenue. o
`m
Council Member Marquez made a motion, seconded by Council Member McCammack to
adopt the Resolution. Resolution No.2012-62 was adopted unanimously.
F. Public Works N
RES. 2012-63 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Awarding a Contract to Nikola Corporation for Sewer Improvements on "H"
Street and the Adjacent Alleys between 17th Street and Highland Avenue, per Plan No. o
12621 (SWII-002).
d
Council Member Jenkins made a motion, seconded by Council Member Valdivia to adopt
s
the Resolution. Resolution No. 2012-63 was adopted unanimously. °
a
Subsequently, it was noted that a public speaker slip had been submitted.
Council Member Shorett made a motion, seconded by Council Member Valdivia, to
reconsider the matter. The motion carried unanimously.
Public Comments:
Draymond Crawford, San Bernardino, CA.
Council Member Jenkins made a motion, seconded by Council Member Valdivia to adopt
the Resolution. Resolution No.2012-63 was adopted unanimously.
Mayor and Common Council ofthe City of San Bernardino Page
Packet Pg. 234
9.A.3
Joint Regular Meeting Minutes April 16, 2012
G. Public Works
RES. 2012-64 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Public Works to Execute Right of Way
Certification Forms for Federal-Aid Projects. ,
Council Member McCammack stated that if this item had anything to do with the sbX
bus, she was going on record as not supporting any kind of condemnation. She added
that she could not support a document that holds another agency harmless.
Acting Public Works Director Eisenbeisz answered that this resolution is not for that
purpose, that it is not related to the sbX,and that the form is a standard Caltrans form. i
0
N
Council Member Shorett made a motion, seconded by Council Member Marquez, to =
adopt the Resolution. Resolution No. 2012-64 was adopted unanimously. a
i
H. Public Works 3
RES. 2012-65 - Resolution Authorizing Execution of Amendment No. 5 to Professional S
Services Agreement with AECOM Technical Services, Inc. to Provide Engineering —
Services for the Design of Old Waterman Canyon Bridge Repair(SS07-14).
0
U
Council Member McCammack stated that she would abstain because AECOM is a
N
business client and left the Council Chambers, returning after the vote was taken.
Council Member Shorett made a motion, seconded by Council Member Valdivia, to F
adopt the Resolution. Resolution No. 2012 was adopted with McCammack o
abstaining.
5
m
I. Public Works
RES. 2012-66 - Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to Hillcrest Contracting, Corona, California, for N
Pavement Rehabilitation on Five City Streets at "K" Street, Oak Street to Rialto Avenue N
(SSII-011); Evans Street, Western Avenue to Mt. Vernon Avenue (SS12-017); 15th 6
Street, Western Avenue to Mt. Vernon Avenue (SS12-016); Magnolia Avenue, Western c
Avenue to Mt. Vernon Avenue (SS12-005); and Medical Center Drive, Home Street to
c
16th Street(SS 1 1-003). a
E
L
V
Council Member McCammack stated that she would like to see all bids go through the °
Chamber of Commerce. 4
Council Member Valdivia made a motion, seconded by Council Member Johnson, to
adopt the Resolution; and authorize the Director of Finance to amend the FY 2011-12
Budget to allocate $612,100.06 from Proposition 1B Local Streets and Roads Funds
(Fund 258) to Project No. SS 12-017, "Evans Street Pavement Rehabilitation, from
Western Avenue to Mt. Vernon Avenue." The motion carried and Resolution No.
2012-66 was adopted unanimously.
Mayor and Common Council of the Ciry of San Bernardino Page 6
Packet Pg. 235
9.A.3
Joint Regular Meeting Minutes April 16, 2012
6. COMMITTEE CONSENT
A. Police
RES. 2012-67 - Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement
Program (STEP) Grant from the State of California Office of Traffic Safety(OTS) in the
Amount of $251,311.90 and Authorizing the Police Department to Accept and
Administer the Grant.
Council Member Valdivia made a motion, seconded by Council Member Shorett to adopt
the Resolution. Resolution No.2012-67 was adopted unanimously.
N
B. Police N
RES. 2012-68 - Resolution of the Mayor and Common Council of the City of San =
Bernardino Ratifying the Submittal of an Application for a Sobriety Checkpoint Grant
from the State of California Office of Traffic Safety(OTS)in the Amount of$166,266.64
and Authorizing the Police Department to Accept and Administer the Grant. �
i
Council Member Valdivia made a motion, seconded by Council Member Shorett, to
adopt the Resolution. Resolution No.2012-68 was adopted unanimously.
0
U
C. Public Works
RES. 2012-69 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Acceptance of the Waste Tire Enforcement Grant Funds and
Ratifying the Application from the California Department of Resources Recycling and m
Recovery(CalRecycle). c
`m
Public Comments: 'o
Draymond Crawford, San Bernardino, CA.
tr
Council Member Shorett made a motion, seconded by Council Member Johnson,to adopt a
the Resolution. Resolution No.2012-69 was adopted unanimously. N
u;
e
0
7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M.
d
A. Community Development r
RES. 2012-60 - Resolution of the Mayor and Common Council of the City of San
Bernardino Certifying the Final Environmental Impact Report for the National Orange a
Show Industrial Project, Adopting the Facts, Findings and Statement of Overriding
Considerations, Adopting the Mitigation Monitoring and Reporting Program, and
Approving General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330
(Subdivision No. 11-02)and Development Permit 2 No. 11-04.
Mayor Morris opened the hearing.
No public comments were received.
Mayor and Common Council of the City of San Bernardino Page
' PacketPg.23§
Joint Regular Meeting Minutes April 16, 2012
An Interoffice Memorandum to the Mayor and Common Council from M. Margo
Wheeler,Director, dated April 16, 2012, regarding Agenda Item 7.A was distributed.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to Timothy
Reeves that he would provide true and hpnest testimony.
Mr. Reeves, on behalf of Lewis Group of Companies, the applicant, spoke about how the
company will address air quality issues.
Council Member McCammack made a motion, seconded by Council Member Shorett, to
close the hearing and adopt the Resolution. The motion carried and Resolution No.
2012-60 was adopted unanimously. iz
0
N
B. Community Development
RES. 2012-61 - A Resolution of the Mayor and Common Council of the City of San a
Bernardino Adopting the Mitigated Negative Declaration and the Mitigation N
Monitoring/Reporting Program, Adopting General Plan Amendment No. 12-02 to
Change the Split Land Use Designation from Office Industrial Park (Oip) and Industrial 5
Light(11)to Industrial Light(I1) on Approximately 14.52 Acres, and Approving Tentative
Parcel Map No. 19369 (Subdivision No. 12-01) to Merge 13 Parcels into One, 14.52-
Acre Parcel, and Development Permit 2 No. 12-02 to Construct a 345,802-Square Foot
Warehouse Located on the East Side of Waterman Avenue, Approximately 300 Feet
N
South of Mill Street. ,�,
Mayor Morris opened the hearing.
o`
Council Member McCammack made a motion, seconded by Council Member Marquez, m
to close the hearing and adopt the Resolution. The motion carried and Resolution No. Z
2012-61 was adopted unanimously.
C. Community Development N
Resolution Approving a Development Agreement Regarding the 404-Acre University N
Hills Development to Implement the University Hills Specific Plan, Generally Located
Northwest of the California State University at San Bernardino Campus Between the c
Northern Termini of Campus Parkway and Little Mountain Road.
a
Mayor Morris opened the hearing.
rs
Council Member Johnson made a motion, seconded by Council Member Valdivia, to a
continue the matter to May 7, 2012. (Motion was subsequently amended.)
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the
following individual that he would provide true and honest testimony:
John Snell of Inland Communities, applicant, stated that he did not know what the
problem was and distributed a copy of an email from the University regarding the
University entering their property.
Mayor and Common Council of the Ciry of San Bernardino Page 8
Packet Pg.237
9.A.3
Joint Regular Meeting Minutes April 16, 2012
Council Member Kelley made a motion, seconded by Council Member Valdivia, to adopt
the Resolution. (No vote was taken.)
Henry Empeno, Deputy City Attorney, advised the Council that there was no
development agreement before them today for approval, and that the public had not been
given access to the document.
Then; was a consensus of the Council that action needed to be taken on this matter sooner
than later.
Council Member Johnson amended his motion, seconded by Council Member Valdivia,
to continue the matter to 3 p.m., Thursday,April 19; and that staff provide the Mayor and r
Council with the pertinent documents prior to that time. The motion carried N
unanimously. -
Q
8. STAFF REPORTS
v
A. City Manaaer
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
the FY 2011-2012 Mid-Year Budget Balancing Strategies.
0
U
Public Comments:
George Swift, International Union of Operating Engineers
Paul Flores, International Union of Operating Engineers
Al Perez, City Employee, San Bernardino,CA
Paul Sanborn, San Bernardino, CA o
Tony Ingegneri, President of ATS Communication, consultant to the City of San
Bernardino and other public entities
a
Council Member Johnson made a motion, seconded by Council Member Shorett, to adopt
the resolution directing the Director of Finance to implement the FY 2011/2012 budget w
balancing strategies presented at the April 3, 2012, Budget Workshop and April 12, 2012, N
Budget Ad Hoc Committee meeting. The motion failed by the following vote: Ayes:
Marquez,Shorett,Johnson. Nays: Jenkins,Valdivia,Kelley,McCammack. o
Council Member Valdivia made a motion, seconded by Council Member Kelley, to refer E
the matter to the Budget Ad Hoc Committee for discussion at its next meeting and bring u
the matter back to the full Council on May 7, 2012. The motion carried by the z
following vote: Ayes: Jenkins, Valdivia, Kelley, McCammack. Nays: Marquez, ¢
Shorett. Abstentions: Johnson.
B. City Manaeer
Discuss and Take Possible Action Regarding the Wind Down of the Former
Redevelopment Agency and Approve the Final Form of the Recognized Obligation
Payment Schedule(ROPS)
Public Comments:
Curtis Stout, San Bernardino, CA
Charlene Dixon-Roberts, San Bernardino, CA
Mayor and Common Council of the City of San Bernardino Page 9
Packet Pg. 23a
F9.A.3
Joint Regular Meeting Minutes April 16, 2012
Andrea Travis-Miller, Assistant City Manager, stated that this was just a status report—
that the Council would be given documents to read and the matter would come back to
the Council in May.
Council Member Johnson stated that one item not in this document was the Northwest
Redevelopment Project Area Committee. He stated that years ago the judge hearing the
case between the City and the Northwest PAC saw that this area was not being
represented; however, it was being utilized for its demographics and the money was
being spent elsewhere. Subsequently, it was stated in the settlement agreement how the
committee was supposed to be dissolved. Mr. Johnson stated that the settlement
agreement states that there is supposed to be a two-year notice, and that information has
not been noted anywhere in the wind-down plans, and that is a big concern. °
Assistant City Manager Travis-Miller stated that she was not aware of that history, and a
staff would make sure that it is addressed in the subsequent report.
m
No action was taken on this matter.
U
C. Council Office
Legislative Review Committee Pending Items
Council Member Johnson made a motion, seconded by Council Member Kelley, to refer
these pending items back to the Legislative Review Committee, except for the taxicab
issue, which will be considered by an ad hoc committee formed specifically for that m
purpose. The motion carried unanimously. o
`m
11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
a
i Draymond Crawford, San Bernardino, CA, spoke about the benefits that the refuse
department brings to the city, stating that selling the refuse operation is a quick-fix that H
shows a lack of leadership. N
Betty Jean Long, San Bernardino, CA, stated that seniors are being scammed and taken c
advantage of
d
Shirley Harlan, San Bernardino, CA, stated that the 011ie McDonald Senior Showcase
would be broadcast on the public access channel on May 15 and 17 at 6 p.m. DVDs are a
also available at a cost of$10.80 by calling 384-5430, with funds benefiting the senior a
center.
Hayward Jackson, spoke about biblical figures and read from the Old Testament.
Tammy Martin Ryles, San Bernardino, CA, President of the Southern California Black
Chamber of Commerce Inland Cities East, spoke regarding accountability with respect to
the budget and the fact that there is no room for special interests in the budget
discussions.
Mayor and Common Council of the City of San Bernardino Page 10
Packet Pg.239
Joint Regular Meeting Minutes April 16, 2012
Roxanne Williams, Grand Terrace, CA, stated that the Council must decide that failure
is not an option-4hat San Bernardino was once a great American City and it can be a
great American City again.
Walter Hawkins, representing the San Bernardino NAACP and the Westside Action
Group, stated that they would like to see San Bernardino return to being an All American
City, but it will be impossible to do that unless the Council changes its approach. He
stated that Safety has to be on the table.
Charles Greenwood, City refuse employee, questioned why the City would even
consider selling the refuse operation, when everyone knows they are not the problem.
Refuse took the 10 percent cut so they could continue working and they work just as hard
as Fire. N
Cameron Rawls, City refuse employee, spoke against selling the refuse operation and Q
the division of the Council, stating that change has to start with the decision makers. m
d
David McCammack, San Bernardino, CA, thanked Council members Johnson, Marquez
and McCammack for the banners of military personnel displayed in the Council
Chambers, and spoke regarding the veteran's garden at 2517 Pacific Avenue and the
veteran's golf tournament to be held on Saturday to benefit the veterans. u
Kay Watson, San Bernardino, CA, spoke about employee sacrifices made throughout the
City and asked whether any money was cut from the City Attorney's office budget. —
I, �
m
James Smith, San Bernardino, CA, congratulated Robert Eisenbeisz and commented on c`
a phenomenal Beautification Day and the Save Our Parks $1 donation program at Stater
Bros. markets. He spoke about the positive things happening in San Bernardino such as
the new Regal movie theater, the restaurants, the transit center—that it is about working
together to make it a great city;and complimented City Manager McNeely.
N
City Attorney Penman informed the Council of monies received through the N
Administrative Civil Penalties process and from a national title company.
e
0
12. ADJOURNMENT c
d
At 10:00 p.m., the meeting adjourned to Thursday, April 19, 2012, at 3:00 p.m. in the t
Economic Development Agency Boardroom for Closed Session and discussion of Agenda z
Item No. 7C. 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,May 7,2012.
GEORGEANN"GIGF'HANNA
City Clerk
a
' By
Linda E.Hartzel
Deputy City Clerk
Mayor and Common Council ofthe Chy of San Bernardino Page II
Packet Pg. 240
9.A.4
CITY OF SA N BERNARDINO
DRAFT MINUTES
FORTHE
JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING
AGENCY TO THE REDEVELOPMENT AGENCY,AND MAYOR AND COMMON COUNCIL OF THE CITY OF i
SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
a
Q
THURSDAY, APRIL 19, 2012 N'
d
3:00 PM—CLOSED SESSION E
f
u
EDA BOARD Room • 201 NORTH"E" STREET SAN BERNARDINO,CA 924011 NNNVNV.SRCITY.ORG o
U
n
N
Virginia Marquez Patrick J. Morris Wendy J. McCammack m
O
`m
Robert D.Jenkins NARpt Charles McNeely
�S MPHR,WARD' CITY 11A',AOP.R
v
John Valdivia lames F. Penman a
N
CqC-_1'(`IL 1117 4I1StiF4,tiV.-1RD 3 CITY ATTORNEA' N
Fred Shore" Georgeann"Gigi" Hanna
Chas Kelley + David Kennedy zE
�• U
C OI NCII.MI NI(t}?R.'X ARD 5
Rikke Van Johnson
C'OtNC:iL lI F3ll37�:i2,'t'ti;ixrf{7
Packet Pg.241
9.A.4
Joint Adjourned Regular Meeting Minutes April 19, 2012
The joint adjourned regular meeting was called to order by Mayor Morris at 3:09 p.m., Thursday,
April 19, 2012, in the Economic Development Agency Board Room, 201 North "E" Street, San
Bernardino, California.
Roll Call '
Present: Mayor Morris; Council Members Marquez, Jenkins, Valdivia, Shorett,
McCammack;City Attorney Penman; City Manager McNeely; City Clerk Hanna.
Absent: Council Member Kelley.
Council Member Johnson arrived at 3:50 p.m. o
N
1. CLOSED SESSION a
i
Pursuant to Government Code Section(s):
c
A. Conference with legal counsel- existing litigation -pursuant to Government Code
Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant exposure to U
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N
Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of litigation - Zi
pursuant to subdivision (c)of Government Code Section 54956.9. o
R
D. Closed Session-personnel-pursuant to Government Code Section 54957.
z
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.
i
I F. Conference with labor negotiator - pursuant to Government Code Section m
54957.6. b
0
General Unit v
Mid-Management Unit u
Management/Confidential Unit
Fire Safety Unit a
Fire Management Unit
Police Safety Unit
Police Management Unit
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Mayor and Common Coanci/of the City of San Bernardino Page 2
Packet Pg.242
9.A.4
Joint Adjourned Regular Meeting Minutes April 19, 2012
2. Community Development
RES. 2012-70 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Development Agreement No. 12-01 Regarding the 404-Acre
University Hills Development to Implement the University Hills Specific Plan, Generally
Located Northwest of the California State University at San Bernardino Campus Between
the Northern Termini of Campus Parkway and Little Mountain Road; and Approving the
Notice of Expiration of Development Agreement No. 91-03. (At the meeting of April
16,2012,item continued to April 19,2012.)
Public Comments:
John Snell, San Bernardino, CA; N
Bob Gardner, San Bernardino, CA. _
.a
a
Council Member McCammack made a motion, seconded by Council Member Valdivia, H
to waive full reading;and adopt the resolution. The motion carried and Resolution No. ::
2012-70 was adopted with Kelley and Johnson absent. E
3. ADJOURNMENT c
The meeting adjourned at 4:40 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,May 7, 2012.
GEORGEANN"GIGP'14ANNA 2
City Clerk
R
m
y
By W
Linda Sutherland
Deputy City Clerk
N
O
N
4
0
c
m
E
s
U
N
a
Mayor and Common Council of the City of San Bernardino Page 3
Packet Pg. 243