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HomeMy WebLinkAbout02-21-2012 Jt. Reg Mtg Minutes O attt+R �'YO City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez tY„ PC Robert D. Jenkins 43 http://www.sbcity.org Tobin Brinker Fred Shorett G'kDpp Chas A. Kelley Rikke Van Johnson Wendy McCammack 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 TUESDAY, FEBRUARY 21, 2012 COUNCIL CHAMBERS © The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Moms at 1:39 p.m., Tuesday, February 21, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker 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 ,lames F. Penman City Attorney Present Patrick J. Morris Mayor Present Rachel G. Clark City Clerk Present 1. Closed Session Pursuant to Government Code Section(s): © A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Mayor and Common Council of the City of San Bernardino Page I Printed 711912012 Joint Regular Meeting Minutes February 21 , 2012 Allen, J. A., et al. v. City, et al. -USDC CV09-1388 JLQ (JCx); Ballard, Monica v. City, et al. -USDC CV10-02769DMG(AJWx); Barnes, Yvonne, et al. v. City, et al. - CIVDS 807102; Briones, Hector, et al. v. City, et al. -USDC CIVIO-7571CBM(Opx); Brown, James J. v. City, et al. - CIVDS 1007751; Darrett, Raynard V. v. Honeycutt, et al. -CIVDS 1102678; E. C., a minor, by and through his Guardian ad litem Maria Chacon v. City, et al: USDC CV 11-02919 CAS (DTBx); E.M.W., a minor, et al. v. City, et al. - CIVDS 1110870; Ellison,Nykisha Mone, et al. V. City, et al. -CIVDS 1005001; Glen Aire Mobilehome Park Corporation, Pacific Palms Mobilehome Park Corporation, Friendly Village Mobilehome Park Comoration, Orangewood Mobilehome Park Corporation, and California Mobilehome Park Comoration v The City of San Bernardino, the City of San Bernardino Mobile Home Rent Board, the City of San Bernardino Economic Development Agency, the City of San Bernardino Hearing Officer. fo ' Donald P. Cole, and Does 1-50 - San Bernardino County Superior Court, Case No. CIVDS -1114110; Joaquin, Francisco Yovani Sanchez v. City, et al. -USDC CV 10-7138CAS (RCx); Markham. Terrell, et al. v. City, et al. -USDC CV09-08455 ODW(DTBx); May, Cedric Sr., et al. v. City, et al. -USDC CV 10-00978 VAP (DTBx); Benny Medina v. City of San Bernardino, W.C.A.B. Case No. ADJ4202076; Melia, Maria D., et al. v. City, et al. -USDC EDCV l 1-00452 VAP (DTBx); Monroe, Monica et al. v. City, et al. - USDC CV09-04354 CAS FMOx; Munoz. Jose v. City, et al. - CIVDS 1110863; Nash, Terry, Estate of v. City, et al. -USDC CV09-08671 RGK(FFMx); Parker Donnavan v. City, et al. - CIVDS 1013471; Ouiroga, Rogelio G. v. Officer J. Betts, et al. -USDC EDCV 11-02029 VAP (DTBx); Renter, Rovinski v. City, et al. - USDC CV 11-07222 GAF (CWx); r Rev. Michael Anthony, et al. v. City, et al. - CIVDS 1009578; Mayor and Common Council of the City of San Bernardino Page 2 Printed 711 0/2 i i Joint Regular Meeting Minutes February 21, 2012 Robinson, Billy Ray v. San Bernardino Police Dept., et al. - USDC EDCV 11-01205 RGK(AGR); Samatua.Mekione, et al. v. City, et al. - CNDS 917832. 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. C. Conference with legal counsel - anticipated litigation- initiation of litigation-pursuant to subdivision(c) of Government Code Section 54956.9: City v. General Insurance Corp., et al. 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 General Unit © 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 of the Mayor and Common Council and Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Moment of Silence A moment of silence was observed in memory of Anthony"Tony"Trozera. Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Stemberg of the First Congregational Church of Christ. The pledge of allegiance was led by Alex Brinker. 2. Appointments A. Mayor's Office Appointment of Roxanne Trevino to the Parks & Recreation Commission - Council Member Marquez Motion: Approve the appointment.of Roxanne Trevino to the Parks & Recreation Commission as requested by Council Member Marquez. Mayor and Common Council of Me City of San Bernardino Page 3 Printed 7/19 22012 Joint Regular Meeting Minutes February 21, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley,Johnson, McCammack B. Mayor's Office Appointment of Michael "Skip" Schneider to the Board of Fire Commissioners - Council Member Marquez Motion: Approve the appointment of Michael "Skip" Schneider to the Board of Fire Commissioners as requested by Council Member Marquez. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett,Kelley,Johnson, McCammack C. Mayor's Office Appointment of Donna P. Howard to the Senior Affairs Commisison - Council Member McCammack Motion: Approve the appointment of Donna P. Howard to the Senior Affairs Commission as requested by Council Member McCammack. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez, Jenkins, Brinker,Shorett, Kelley, Johnson, McCammack 3. Presentations A. Presentation to Middle Grade Educator of the Year by Council Member Brinker Council Member Brinker presented the Middle Grade Educator of the Year Award to Diane Bonjour, an 8th grade science teacher at Arrowview Middle School. B. Presentation to Third Ward Commissioners by Council Member Brinker Certificates of Recognition were presented by Council Member Brinker to the following commissioners: • Willie Brue - Senior Affairs Commission and Community Development Citizen Advisory Committee © • Janise Bush - Human Relations Commission • Jim Eble -Board of Police Commissioners and Planning Commission Mayor and Common Council of the City of Son Bernardino Page 4 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 C. Speech by Council Member Brinker Council Member Brinker presented a leaving office speech. D. Citizen of the Month Award presented by Council Member Kelley Council Member Kelley presented the Citizen of the Month Award to Cheryl Ashley in recognition of the volunteer work she performs reading to young children. E. Student of the Month Award presented by Council Member Kelley The Student of the Month Award was presented to Emma Ward, an honor student at Cajon High School, by Council Member Kelley. F. Presentations to Council Member Brinker and City Clerk Clark Mayor Morris presented Council Member Brinker with a Resolution of Commendation in recognition of his service as a council member representing the Third Ward. City Clerk Clark was presented a Resolution of Commendation by Mayor Morris in recognition of her many years of service as city clerk for the City of San Bernardino. She was also presented a bouquet of flowers by close friend and fellow employee, Velia Marquez, and a bouquet from Gail McThomas, representing the San Bernardino Class of 1964 Reunion Committee. G. 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. 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 dated February 21, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack B. City Clerk Council Minutes © Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of December 5, 2011, January 18, 2012, and January 23, 2012, as submitted. Mayor and Common Council of the City of San Bernardino Page 5 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack C. City Clerk RES-2012-25 Resolution of the Mayor and Common Council of the City of San Bernardino, California Reciting the Facts of the General Municipal Election Held on the 7th day of February 2012, Declaring the Results Thereof and Setting Forth Such Other Matters as Are Allowed by Law. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES Marquez,Jenkins, Brinker, Shorett,Kelley, Johnson,McCammack ----------- --- - - - - — -- - -- D. Civil Service ^ Personnel Actions - Classified lam✓ 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 Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack E. Finance Approval of Commercial Checks and Payroll Checks i Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayam and Common Council of the City ofSan Bernardino Page 6 Printed 711912012 Joint Regular Meeting Minutes February 21 , 2012 F. Human Resources Personnel Actions -Unclassified Council Member Shorett stated that he could not support Personnel Action #2, the appointment of a Management Analyst II/Assistant to the City Manager. He stated that he did not see the need to hire this position until it is determined what is going to happen with the Economic Development Agency employees. Council Member McCammack agreed with Mr. Shorett, stating that she would like to see the item continued for two weeks. She also questioned the number of assistants working in the City Manager's office. Motion: Council Member McCammack made a motion, seconded by Council Member Jenkins, to continue Personnel Action #2 to March 5, 2012. (No vote was taken at this time.) Substitute Motion: Council Member Shorett made a motion, seconded by Council Member McCammack, to approve Personnel Actions #1 and #3, and continue Personnel Action#2 to March 5, 2012. (No vote was taken.) Substitute Motion: Approve and ratify unclassified Personnel Actions #1 and #3, as submitted by the Director of Human Resources, in accordance with City and Community Development Commission policies and procedures. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Original Motion: Continue Personnel Action#2 to March 5, 2012. RESULT: FAILED [3 TO 41 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Robert D. Jenkins,Tobin Brinker, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson Motion: Council Member Johnson made a motion, seconded by Council Member Kelley, to approve Personnel Action#2. (No vote was taken at this time.) Substitute Motion: Table Personnel Action#2. Mayor and Common Council of the City of San Bernardino Page 7 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 C RESULT: FAILED [2 TO 4] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Fred Shorett, Wendy J. McCammack NAYS: Virginia Marquez,Robert D. Jenkins, Chas A. Kelley, Rikke Van Johnson ABSTAIN: Tobin Brinker Original Motion: Approve Personnel Action#2. RESULT: FAILED [3 TO 31 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Virginia Marquez, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, Fred Shorett, Wendy J. McCammack ABSTAIN: Tobin Brinker G. Information Technoloev O RES-2012-26 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 Time Warner Cable for Direct Internet Service. Council Member McCammack suggested extending the contract on a month to month basis and going out to bid on the item. Following a short discussion of the information contained in the staff report the vote was taken to adopt the resolution. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Brinker, Shorett,Kelley, Johnson, McCammack H. Police RES-2012-27 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Animal Control And/Or Housing Agreements by and Between the City of San Bernardino and the Cities of Fontana, Colton, and Loma Linda for the Period of July 1, 2011 through June 30, 2014, and © Ratifying Actions Taken Between July 1, 2011 to the Date of Execution of the Contracts. Motion: Adopt Resolution. Mayor and Common Council of the City of Son Bernardino Page 8 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 RESULT: ADOPTED [UNANIMOUS] t MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack I. Police RES-2012-28 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the California Highway Patrol to Use the City of San Bernardino Police Department's Firing Range Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins,Brinker, Shorett, Kelley, Johnson, McCammack J. Police © RES-2012-29 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Finance Director to Amend the FY 2011-12 Police Expenditure and Revenue Budgets by Transferring$189,000 from the Evidence Impound Trust Account (#772-212-2326) for Law Enforcement Equipment, Management Software, Legal Consultant and Training. Council Member Johnson stated that he believed that a critical step is being missed because of the history of police liability cases. He stated that he felt that the department needs to undergo an independent outside look into the operating procedures before the steps outlined in the agenda backup are taken. Therefore, he could not support this item. Motion: Adopt Resolution; and authorize the Director of Finance to amend the FY 2011-12 Police budget as follows: transfer $189,000 from the Evidence Impound Account No. 772-212-2326 to the Police Miscellaneous Receipts Account No. 001-210-0000-4740 and increase the Police Patrol Capital Outlay Account No. 001-210-0078-5704 by$189,000. RESULT: ADOPTED [6 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Tobin Brinker, Council Member, Ward 3 © AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 9 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 K. Public Works CRES-2012-30 Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to B & T Works, Inc., for Culvert Repair at Base Line Street and Medical Center Drive, Per Plan No. 12842 (SD 12-001). Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack L. Public Works RES-2012-31 Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bid RFQ F-12-03, Pursuant to Section 3.04.070(E) of the Municipal Code for the Purchase of Traffic Signs and Sign Materials. Motion: Adopt Resolution. � RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett,Kelley,Johnson, McCammack 6. Committee Consent A. City Manager Discussion and Possible Action of the Mayor and Common Council to Authorize City Staff to Pursue the Potential of Establishing a Public Access Defibrillator Pilot Project in City Hall. A memorandum from City Manager McNeely to the Mayor and Common Council dated February 21, 2012, regarding the Public Access Defibrillator Program, was submitted into the record. Said memorandum outlined the following three options: Option I: Additional CPR Training Only Option 1L• Phased in Approach Option III: Bid and Select © Deputy Fire Chief Drasil advised that the average number of incidents at City Hall for the past 10 years has been five incidents per year, with two per year being cardiac related. Motion: To approve Option 111, Bid and Select. (Note: It was suggested that staff Mayor and Common Council of the City of San Bernardino Page 10 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 look for grant opportunities to help defray the cost.) \ RESULT: ADOPTED ]UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Brinker, Shorett, Kelley, Johnson, McCammack B. Fire RES-2012-32 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the San Bernardino City Fire Department to Apply for the 2011 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) On-Line Grant Application to be Submitted to the Department of Homeland Security Federal Emergency Management Agency. Motion: Adopt Resolution. RESULT: ADOPTED ]UNANIMOUS] j MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack 7. Public Hearings to be Heard at 4:00 p.m. A. City Clerk i RES-2012-33 Resolution of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. Mayor Morris opened the hearing. Public Comments: Albert Green, 3034 Belle Street, San Bernardino, CA, stated that he had intentionally not paid his business registration fees because he was unhappy about a tree that the City needs to remove because the roots have broken his pipeline. He was trying to make a point that they were relentlessly pursuing him to pay these fees, but he has been trying to deal with the City for over a year and a half in trying to get that tree removed. City Clerk Clark mentioned that there had been an article in The Press Enterprise with a headline stating, Fee Skipping Could Lead to Liens. In particular, they identified two locations, Target and Leisure Pointe, that owed a substantial amount of business O registration fees. She stated that she wanted to clarify that that was not correct-that it is the commercial property owner where those two sites are located that owe the fees. She added that the property owner at 1371 Parkside, where Leisure Pointe is located, has said they will be mailing in their payment. However, she wanted to make it clear that it is not Mayor mid Common Council of the City of San Bernardino Page II Printed 711912011 Joint Regular Meeting Minutes February 21 , 2012 Target and it is not Leisure Pointe who owe the fees. Council Member McCammack stated that she had received a call from #35 on the list stating that they had mailed in their payment on February 8, yet they were still on the list; and also questioned how many were not on the list that should have been. She questioned why the Million Air facility at the airport and all the other entities that do business with the Airport Authority and the Inland Valley Development Agency were not on the list. Ms. Clark stated that she would have to check with her staff. She advised that they started with 219 properties that were originally listed and several have been removed; and an updated list was distributed this morning. She noted that #35 had been removed from the list. Later in the meeting, Ms. Clark reported that Million Air had paid their fees. Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibits "A" & "B" which have been paid prior to the hearing; and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack B. 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. The hearing remained open. Mayor Morris announced that staff had requested that the hearing be continued to the Council meeting of March 19, 2012. Motion: To continue the hearing to March 19, 2012. i RESULT: CONTINUED [UNANIMOUS] Next: 3/19/2012 1:30 PM O MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack Mayor and Conmion Council of the City of San Bernardino Page 12 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 C. Public Works V 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). Mayor Morris opened the hearing. The Mayor announced that staff had requested that the hearing be continued to the Council meeting of March 19, 2012. Motion: To continue the hearing to March 19, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 3/19/2012 1:30 PM MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley,Johnson, McCammack O8. Staff Reports A. City Manager Oral Presentation Redevelopment Agency Transition City Manager McNeely provided an overview of what has been done and what is being planned regarding the Redevelopment Agency transition. He advised that a Transition Committee had been established with the major task being the wind down of the Agency and the transition issues associated with all the programs, projects and services heretofore managed by the Agency. Assistant City Manager Travis-Miller stated that eight subcommittees had been developed and some had already started meeting, and they have a large task ahead of them. For instance, there is a personnel committee that will deal with all employee issues related to this transition. Emil Marzullo, Interim Executive Director of the Economic Development Agency, spoke briefly regarding EDA projects. He stated that they have been actively working projects through the Economic Development Corporation (EDC) since last year, but they are winding down. He advised that most projects, if not all, will be completed within 6-9 ^ months. C1 Ms. Travis-Miller noted that there are many legal issues, which are being addressed by Stephanie Easland, Senior Assistant City Attorney; Agency Counsel Tim Sabo; and Attorney Elizabeth Martyn. Mayor and Common Council of the City of San Bernardino Page 13 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 Mr. McNeely stated that the goal of the committee is to bring back to the Mayor and Common Council not later than April 1, a packet that will contain a series of recommendations concerning projects and programs, staffing and financing to continue some of those projects, and a legal analysis to support the recommendations. The report will also include the status of necessary audits and close-out of the books. Relative to housing assets, it was noted that all of the housing assets are under the Housing Authority under the Successor Agency. The Economic Development Corporation does not own any housing assets. City Attorney Penman advised that when this process started there were a lot of different ideas about what could be done and could not be done legally. He stated that Agency Counsel Tim Sabo and the City Attorney's office got together and they came up with a memo that he thought most of the Council received last week explaining what they believed the legal status to be. At that time, the Mayor requested that they obtain a second opinion and suggested the firm of Liebert and Cassidy, one of the notable law firms that deals with personnel issues. He stated that earlier in the day the report from Liebert and Cassidy had been distributed, and it agrees with the legal analysis of Mr. Sabo and the City Attorney's office on all P oints in terms of the successor agency's role (that it's not a separate entity for any purpose, with the possible exception of liability), and that we want to keep the EDA O employees who are transferred over as at-will employees. He stated that the way to do that is to bring them onboard under rule 502(b), which the Liebert Cassidy report specifically states. That is one reason they distributed a revised document for Agenda Item No. lOB, that has a slightly different motion than what is on the staff report. No action was required on this item. B. Council Office Appointment to the San Bernardino Economic Development Corporation(SBEDC). It was noted that Council Member Johnson had resigned from the San Bernardino Economic Development Corporation; therefore, a replacement appointment needed to be made. Motion: To appoint Council Member Kelley to the San Bernardino Economic Development Corporation. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack C. Council Office Mayor and Common Council of the City of San Bernardino Page 14 Printed 7 11912012 Joint Regular Meeting Minutes February 21, 2012 RES-2012-34 Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolutions No. 2010-266 and 2010-268, and Extending the Time Period for the Temporary Reduction of Certain Development Impact Fees and Development Fees for Services. City Clerk Clark read into the record the title of the resolution submitted by the City Attorney's office for this item. Public Comments: Jeff Simonetti, Building Industry Association of Southern California, Inc., thanked the Council for their consideration of this two-year extension of the development impact fees deferral program. Motion: Adopt resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 j AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack D. Public Works © Oral Update on Street Lighting Repairs Nadeem Majaj, Director of Public Works, provided an oral report on street lighting repairs and publicly thanked the street lighting repair team members. Council Member Kelley asked that Mr. Majaj send him an email regarding when the lights will be repaired on Palm Avenue and off of Palm Avenue going east on Belmont and south on Kendall. No action was required on this item. 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, spoke regarding indiscriminate spending by the City. Paul Sanborn, San Bernardino, CA, spoke regarding the fire insurance rates in the city. Hans Vandertouw, San Bernardino, CA, stated he was pleased to hear about Chief Handy's task force and getting more of the middle class here in San Bernardino. Robert Medina, San Bernardino, CA, spoke in support of the Call Center and the O deplorable condition(numerous potholes) of Rancho Avenue between 51' and the railroad tracks. Mgpor and Common Council ofthe Ciry of San Bernardino Page 15 Printed 711912011 Joint Regular Meeting Minutes February 21, 2012 Barbara Sky, San Bernardino, CA, spoke regarding deficiencies at the Verdemont OCommunity Center, stating that it is unsafe and needs to be closed. Gayle Edwards, San Bernardino, CA, stated that residents who use the Verdemont Community Center are being put at risk due to numerous deficiencies. She stated that the center opened before being inspected by the Fire Department and no Certificate of Occupancy was issued. Marlene Evans, San Bernardino, CA, stated that the Verdemont Community Center is unsafe and puts the public in harm's way. She stated that Council Member Kelley repeatedly told her and others that they were not allowed to communicate with the City over anything; however, the building is not up to standard and they can't get anyone to respond to their calls. Joe Lease, City building official, stated that in April 2011, staff had issued a stop work notice to the contractor and he came in to get a permit. He acknowledged that permits were not obtained from the California Department of Housing and Community Development, and a number of deficiencies and violations were noted; however, the deficiencies do not pose any significant risks. Scott Olson, a resident of Pacific Palms Mobile Home Park, San Bernardino, CA, stated that he came several months ago and brought the issue of rent control to the attention of the Mayor and Common Council. He stated that although everyone who signs a lease is © supposed to get a disclosure statement, he has never seen a single one. He questioned why residents are signing leases with the parks and yet are not informed that there is rent control. Dave McCammack, San Bernardino, CA, representing Disabled American Veterans, stated that they are putting in a garden for veterans at Pacific near Arden, which has wheelchair accessibility, and they need volunteers to dig ditches and put in sprinklers. They are also holding a golf tournament on April 21 at 11 a.m. at San Bernardino Golf Course to support this project. Call Richard Valdez at 838-2634 for more information. Mayor Morris had praises for the project and suggested that it be included as part of the Beautification Project. Barbara Babcock, San Bernardino, CA, stated that she loves this City, and we have an opportunity to make a change and move forward in a positive way. She stated that she would like to see everyone move beyond lip service and work together. Trac Y 1 Y n Sbarrit, San Bernardino CA stated that she was concerned about the article by Cassie MacDuff regarding the Verdemont Center. She asked where the money came from to build the center. It was noted that it came from Congressman Jerry Lewis as a congressional earmark. © Tim Prince, San Bernardino, CA, thanked Council Member Brinker for his service and complimented everyone on the tone of civility at tonight's meeting. He expressed concern about possible misconduct on the part of the City Attorney, stating that he was observed at the Registrar of Voters Office advocating for an unsuccessful candidate for Mayor and Common Council of the City of San Bernardino Page 16 Printed 711912012 Joint Regular Meeting Minutes February 21, 2012 City Clerk. He stated that the election results have been certified and the City Attorney ! has no business taking time from advising this Council and taking a partisan interest in one candidate. Jim Smith, San Bernardino, CA, urged residents to visit the wonderful art gallery at the National Orange Show, noted that Beautification Day is coming soon on April 14 and a final list of projects is due by Feb 29. If the public has new sites to be cleaned up, call the City Manager's Office or the Call Center. He thanked Tobin Brinker for his service to the City and welcomed new City Clerk Gigi Hanna, Assistant City Clerk Sabdi Sanchez, and Third Ward Councilman John Valdivia. Corina Borsuk, San Bernardino, CA, submitted a written statement regarding Agenda Item 10C, which was read into the record by City Clerk Clark, in which she urged the Mayor and Council "... to save the IEMG station and the employees who keep it running so that San Bernardino will continue to have its own voice on the air." Jim Penman, San Bernardino, CA, stated that anytime that he spends campaigning he uses vacation time; and he doesn't support anyone legally in court other than the City of San Bernardino. Kevin Hawkins, Director of Parks, Recreation and Community Services, thanked the three speakers who spoke regarding the Verdemont Community Center for assisting and meeting with staff. He noted that when the Verdemont Center was originally presented it © was with the understanding that there weren't enough resources to staff the facility, and it was ultimately decided that the Center would have to be staffed by volunteers. Also, there was a remark made that Margo Wheeler, Director of Community Development, is not doing her job and that is not true. Mr. Hawkins stated that it was because of Margo Wheeler and Nadeem Majaj (Director of Public Works) that deficiencies were identified. 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency A. City Manager 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. Mayor Morris explained that this item was to authorize the City Manager to terminate all existing ancillary employment agreements and/or contracts transferred to the successor agency (the City) from the Redevelopment Agency, pursuant to the cancellation provisions of those agreements and contracts. City Attorney Penman stated that about a week ago Mr. Sabo informed them that there were about 33 regular EDA employees and about 44 contract employees. As he Q understands it, this item addresses the contract employees rather than the ones addressed under 10B, who are the regular former EDA employees. Approval of this item would give the City Manager the authority to terminate the existing employment contracts with the non-regular former EDA employees—those roughly 44 employees who are working Mayor and Common Council of the City of San Bernardino Page 17 Printed 711912012 Joint Regular Meeting Minutes February 21 , 2012 under contract rather than working directly for the Agency. Mr. McNeely stated that approval of this item merely terminates the contracts of the RDA and simply moves them over under the successor agency. Assistant City Manager Travis-Miller stated that 10A and lOB are almost companion items. They found that they had three employees that were regular EDA employees that were operating under contract relationships with the EDA. She stated that they would like to now make them regular employees and they will be dealt with under l OB, so they are proposing that they terminate those three agreements and then add them as regular successor agency employees and deal with them like the bulk of the other employees. Ms. McCammack ascertained that that is not what the motion says, and she needed to be completely clear as to what they are voting on, and it is not what was just described. Motion: To table. RESULT: TABLED [6 TO 01 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack ABSTAIN: Tobin Brinker B. Civil Service Personnel Actions - Classified Motion: 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 r and Common Council of the City of San Bernardino Acting as the Successor Agency of the Economic Development Agency. — -- - - ------ ------- RESULT: ADOPTED [6 TO 01 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson, McCammack ABSTAIN: Tobin Brinker 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 Motion: To table. Mayor and Common Council of the City of San Bernardino Page 18 Primed 711912012 Joint Regular Meeting Minutes February 21, 2012 ( RESULT: TABLED J6 'I'O 0] ! MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A.Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack ABSTAIN: Tobin Brinker D. Human Resources Personnel Actions- Unclassified Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with policies adopted by the Mayor and Common Council of the City of San Bernardino as the Successor Agency of the former Redevelopment Agency. RESULT: ADOPTED 16 TO O1 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack �j ABSTAIN: Tobin Brinker 11. Adjournment The meeting adjourned at 8:36 p.m. The next regular meeting of the Mayor and Common Council is scheduled for 1:30 p.m.,Monday, March 5, 2012. RACHEL G. CLARK, CMC City Clerk By: Ci• Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 19 Printed 711912012