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HomeMy WebLinkAbout03-05-2012 Jt. Reg Mtg Minutes C Mayor Patrick J.Morris CITY OFSANBERNARDINO CouncllMembers: Virginia Marquez 300N. "D"Street Robert D.Jenkins San Bernardino, CA 92418 John Valdivia Fred Shorett Website: www.sbcity.org Chas Kelley Xkdemariho Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY JOINT REGULAR MEETING MARCH 5,2012 COUNCIL CHAMBERS ® The joint regular meeting of the 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 was called to order by Mayor Morris at 3:00 p.m., Monday, March 5, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Morris; Council Members Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Following the inaugural reception, newly-elected Council Member Valdivia took his seat at the dais and newly elected City Clerk Hanna replaced City Clerk Clark. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): 1 03/05/2012 © Glen Aire Mobilehome Park Comoration, Pacific Palms Mobilehome Park Corporation, Friendly Village Mobilehome Park Comoration, Orangewood Mobilehome Park Corporation and California Mobilehome Park Corporation v. City of San Bernardino, City of San Bernardino Mobile Home Rent Board, Citv of San Bernardino Economic Development Agency, City of San Bernardino Officer, Donald P. Cole - San Bernardino Superior Court, Case No. CIVDS 1114110; Lisa Mains, individually and as Guardian ad ]item for Rachel Matus, Raymond Matus and Lisa Marie Matus, minors; and Richard Matus V. City of San Bernardino, San Bernardino Police Department - San Bernardino Superior Court, Case No. CIVDS 1201235. 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: 03/05/12 Agenda item/Doc Id# 1577 C. 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. 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. City Attorney Penman announced that the following case would be discussed in closed session under Agenda Item IA, existing litigation: Brian Boom and San Bernardino Police Management Association et al v City of San Bernardino, et al. — San Bernardino County Superior Court, Case No. CIVDS 1017219. 2 03/05/2012 Reading of Resolutions& Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Invocation/Pledge of Allegiance The invocation was given by Sister Maura Redington from Our Lady of the Assumption Church. The pledge of allegiance was led by Katie Kelley and Shelby Kelley, students at Kendall Elementary School. Inaugural Ceremony and Reception 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Council Member Kelley presented a proclamation to the San Bernardino City Professional Firefighters Local 891 Pipe & Drums declaring the month of March 2012 as Irish American Month in the City of San Bernardino. 4. Announcements �1 Announcements were made by the Mayor, members of the Common Council, �J elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. CONSENT CALENDAR A. Waive Full Reading of Resolutions and Ordinances Council Member Shorett made a motion, seconded by Council Member Marquez, to waive full reading of the 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 March 5, 2012. The motion carried with Valdivia voting "no." B. Personnel Actions -Classified Council Member Shorett stated that he was not comfortable making any hiring decisions when it is unclear where they are insofar as the budget is concerned. He stated he would not be supporting the hiring of anybody for a long time. 3 03/05/2012 Council Member McCammack made a motion, seconded by Council Member Marquez, 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." C. Personnel Actions—Unclassified Council Member McCammack made a motion, seconded by Council Member Valdivia, to remove Personnel Action #1 from the list of unclassified personnel actions. The motion carried unanimously. Council Member Shorett made a motion, seconded by Council Member Marquez, to approve and ratify unclassified Personnel Action #2, as submitted by the Director of Human Resources, in accordance with City and Community Development Commission policies and procedures. The motion carried with Valdivia voting"no." D. Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 2 to the Services Agreement for Parking Citation Processing Services with Phoenix Group Information Systems. Council Member McCammack made a motion, seconded by Council Member Valdivia, to table. The motion carried unanimously. E. RES. 2012-35 —Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Reject Bid F-12-04 for Police Uniforms. Council Member Valdivia made a motion, seconded by Council Member Johnson, to Adopt Resolution. Resolution No. 2012-35 was adopted unanimously. F. RES. 2012-36—Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Lighting Technology Services, Inc. for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym Central Library, and Central Police Station. Concern was expressed that possibly more effort needed to be made by staff relative to finding and hiring local contractors. Council Member Kelley made a motion, seconded by Council Member Shorett, to Adopt Resolution. Resolution No. 2012-36 was adopted with Valdivia and McCammack voting"no." 4 03/05/2012 © 6. COMMITTEE CONSENT A. An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 15.28 of the San Bernardino Municipal Code Regarding the Single-Family Rental Property Inspection Program (FIRST READING) Council Member McCammack made a motion, seconded by Council Member Marquez, to lay over Ordinance for final adoption. The motion carried unanimously. B. Approval of Landscape Maintenance Reorganization Plan - Parks, Recreation and Community Services Council Member Kelley made a motion, seconded by Council Member Shorett,to approve the Ways and Means Committee's recommendation to direct staff to initiate the Bid Process as part of the LMD Reorganization Plan,which via Option A, would return the City's LMD maintenance to contract services and the pre- 2009 staffing levels. Council Member Valdivia made a motion to continue the matter for two weeks. The motion failed for lack of a second. Council Member Valdivia requested staff to provide him with a parks per space land by ward—a grid of each ward and exact area of parkland per ward. He also requested a Parks and Recreation Master Plan. Public Comments: Paul Flores, International Union of Operating Engineers Business Representative for the General Unit Employees of the City of San Bernardino, cautioned the City Council on contracting out jobs. Carla Velarde,a City parks employee, stated that the parks employees need to be back in the parks. Joe Arnett, San Bernardino, CA, mentioned the elimination of the contract for graffiti abatement in order to bring the work back in-house, and said the Council now appears to be speaking out of both sides of their mouth by wanting to contract out this work. Council Member Kelley's motion, seconded by Council Member Shorett, carried unanimously. 5 03/05/2012 7. PUBLIC HEARINGS A. 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 Standards and Design Guidelines. (FIRST READING) (Continued from February 6, 2012.) The hearing remained open. Mayor Morris stated that staff had requested a continuance to May 7, 2012. Council Member McCammack stated that because Omnitrans is mentioned in the item documents and is also one of her business clients, she would need to abstain. Council Member Valdivia stated that this matter does impact the Third Ward residents with the sbX plan, and he is displeased with the contact from Omnitrans and this sbX plan. Council Member Shorett made a motion, seconded by Council Member Kelley, to ® continue the matter to May 7, 2012. The motion carried unanimously. 8. STAFF REPORTS A. Budget Amendment Restoring $939,100 to the City Attorney's Office's FY 2011/2012 Budget City Attorney Penman submitted a memorandum addressed to the Mayor and Common Council dated March 1, 2012, regarding Restoration of City Attorney Budget for FY 2011-2012. Council Member Johnson stated that this matter has been discussed many times in the past and for consistency he would be voting"no." Council Member McCammack made a motion, seconded by Council Member Kelley, to direct the City Manager to restore $939,100 to the City Attorney's Office's budget for FY 2011/2012 and direct him to notify the Mayor and Common Council as to the source used. The motion carried with Johnson voting "no." 6 03/05/2012 © B. Request to Reestablish the Position of Paralegal in the City Attorney's Office Council Member Jenkins made a motion, seconded by Council Member McCammack, to refer the request to reestablish the position of Paralegal in the City Attorney's office to the Personnel Committee. The motion carried unanimously. C. PowerPoint Presentation and Update on Beautification Clean-up Event Scheduled for April 14, 2012 Council Member Johnson made a motion, seconded by Council Member McCammack to continue the matter to April 2, 2012. The motion carried unanimously. D. RES. 2012-37 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with the Patrons of the Roosevelt Bowl for the Provision of Support Services for Market Night at Perris Hill Park and Ratifying Any Action Taken Between April 17,2010 and the Date that This Resolution is Adopted. Council Member Kelley made a motion, seconded by Council Member Jenkins,to Adopt Resolution. Resolution No. 2012-37 was adopted unanimously. E. RES. 2012-38 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Nextel Communications for Mobile Cellular Services. Council Member McCammack stated that she is a vendor of Nextel and she would abstain on this matter. She left the Council Chambers and returned after the vote was taken. Council Member Kelley made a motion, seconded by Council Member Shorett, to Adopt Resolution. Resolution No. 2012-38 was adopted with McCammack abstaining. 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY A. Personnel Actions - Classified City Attorney Penman advised that the words Economic Development Agency in the motion, should be changed to Redevelopment Agency. 7 03/05/2012 O Council Member Kelley made a motion, seconded by Council Member Shorett, to approve the classified personnel actions pursuant to Civil Service Rule 502(b), 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 Acting as the Successor Agency of the Redevelopment Agency. The motion carried unanimously. 10. PUBLIC COMMENTS Samantha Sudak, a child welfare social work student at Cal State San Bernardino, stated that they had conducted a needs assessment survey in the Sixth Ward and found intersections that are unsafe for children going to school. When they spoke with City Engineer Eisenbeisz through email he stated that an investigation had been requested by a citizen and there appeared to be a dire need for stop signs at two, four-way intersections-11th Street at N. Tia Juana and 1 Vh Street at Ramona. She stated that this matter will be brought before the Council in the near future. Sophie Montez, California State University San Bernardino, School of Social Work, stated that at Howard and Graham Elementary School, 19`h and California Street, they found several high-speed drivers. She stated that the area needs traffic speed bumps and they want to discuss it with the Public Works Department and would like the community to also be involved. Jesse Valenzuela, of Congressman Baca's office, congratulated the new and reelected City officers and sent Certificates of Recognition for outgoing Councilman Brinker and City Clerk Clark. He also announced a Women's Health Conference taking place March 15 in the Community Room at the Ontario Police Department, 2500 Archibald Avenue, and the Annual Congressional Art Competition taking place on March 16 at the City of Ontario Museum of History and Art, 225 S. Euclid Avenue in Ontario. Paul Sanborn, San Bernardino, CA, stated that he hoped the City doesn't alleviate the 5,000 square foot rule regarding fire sprinklers, and spoke regarding fire and police safety. Myra Lopez, Hesperia, CA, social work student at California State University San Bernardino, stated that the Fifth Street Senior Center is not meeting its full potential and noted several deficiencies. She asked the Council to take a more active role in advocating for the seniors at the Fifth Street center. Hans Vandertouw, San Bernardino, CA spoke regarding crime, social ills, and the economic conditions that currently exist in San Bernardino. O 8 03/05/2012 oMargie Arnett, San Bernardino, CA, advocated on behalf of being"healthy" and announced two upcoming events: the Shamrock and Roll SK run/walk on Saturday at Cal State San Bernardino on behalf of child abuse prevention; and the Mayor's Run the Route on May 20. Judi Penman, San Bernardino Chamber of Commerce, stated that if people want to bring money into the city they must support local businesses. 11. ADJOURNMENT The meeting adjourned at 8:15 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, March 19,2012. GEORGEANN"GIGI"HANNA City Cler k By: e. &4d Linda E. Hartzel Deputy City Clerk 9 03/05/2012