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HomeMy WebLinkAbout08-20-2012 Jt. Reg Mtg Minutes ARbr�O City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members c w o San Bernardino CA 92418 Virginia Marquez x Robert D. Jenkins z http://www.sbcity.org John Valdivia 3 o' Fred Shorett ��NDeD tN Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT 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 SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,AUGUST 20, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 12:08 p.m., Monday, August 20, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 12:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 12:00 p.m. John Valdivia Council Member, Ward 3 Present 12:00 p.m. Fred Shorett Council Member, Ward 4 Present 12:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 12:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 12:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 12:00 p.m. Patrick J. Morris Mayor Present 12:00 p.m. © James F. Penman City Attorney Present 12:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 12:00 p.m. Andrea Travis-Miller City Manager Present 12:00 p.m. i Mayor and Common Council of the City ojSan Bernardino Page l Printed 812812012 I Joint Regular Meeting Minutes August 20, 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): Glen Aire Mobile Home Park, et. al., v. City of San Bernardino et. al., San Bernardino Superior Court, Case No. CIVDS 1114110; Placo San Bernardino LLC v. City of San Bernardino, et. al., United States District Court Case No. CV11-01187GW(FMOx). 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: Claim by Loma Linda Village Homeowners Association Haddad v. City of San Bernardino, as Successor Agency C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Economic Development Corp. and Affordable Housing Solutions. 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 additional case would be discussed in closed session: In Re City of San Bernardino, California, United States Bankruptcy Court, Central District of California, Riverside Division, Case No. 6:12-bk-28006.MJ Chapter 9 Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 811811011 Joint Regular Meeting Minutes August 20, 2012 Invocation/Pledge of Allegiance The invocation was given by Pastor Cynthia Husky, St. Paul Methodist Church. The Pledge of Allegiance was led by Eagle Scout Josue Luna. 2. Appointments There were no commission appointments. 3. Presentations 3A. Certificates of Recognition -- Eagle Scout Court of Honor -- Council Member Valdivia Certificates were given to Eagle Scouts Josue Luna, George M. Candray, and Moises Larios in recognition of attaining their Eagle Scout ranking in the Boy Scouts. 3B. Resolution - Jim Gerstenslager - 40th Anniversary of Western Regional Little League- Council Member Kelley (Postponed until September 4, 2012) 3C. Presentation for Route 66 Rendezvous Wayne Austin of the Visitor and Convention Bureau reached out to the public for financial support for the Route 66 Rendezvous. He stated that a person could donate to Friends of the Rendezvous, or a business could donate to Business Friends of the Rendezvous. � Nick Gonzales, President of the Neighborhood Cluster Association Board, presented a check in the amount of$500 to Mr. Austin. It was also announced that Lloyd Roberts of the Northend Neighborhood Association would be giving Mr. Austin an additional $500. 3D. Chamber of Commerce Announcements - Jack Avakian 4. Announcements — Mayor, Members of the Common Council, and Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated August 20, 2012. RESULT: ADOPTED MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 3 Printed 812812012 Joint Regular Meeting Minutes August 20, 2012 5B. Finance CApproval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 6. Public Hearings 6A. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 11-05 to Amend the Land Use Designation of Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (IH), and Approving Conditional Use Permit No. 11-16 to Establish an Auto Dismantling and Salvage Yard with Retail Parts Sales on 10.23 Acres Located at the South Side of Walnut Street Opposite of Artesian Avenue and the Mitigation Monitoring and Reporting Program. Mayor Moms opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments: Draymond Crawford, San Bernardino, CA - expressed support, but was concerned about parking issues and that no traffic report was included in the backup. Paul Sanborn, San Bernardino, CA- stated that the original CC&Rs should be applied to this new place,which state that nothing is to be piled higher than the fence. Tom Mungari, representing the applicant - stated that it was his understanding this item was being continued. Council Member Valdivia stated that residents have expressed concern regarding the "S" curve at this location and drainage issues. He wanted to make sure the drainage issue is looked into. He also asked for clarification as to what fire station would respond to this location. Motion: Continue the matter to the Council meeting of September 17, 2012. O Mayor and Common Council ojthe City of San Bernardino Page 4 Printed 8/28/20/2 Joint Regular Meeting Minutes August 20, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 9/17/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 j SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6B. Public Works RES. 2012-219 - Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of the Southwesterly Side of Kendall Drive,Northerly of Pine Avenue and Reserving Public Utility Easements Therein. City Attorney Penman stated he was conflicting off on this item because this is Kendall Plaza, LLC, and the principal in that is a friend of his who has contributed to his campaigns over the years; and that Special Counsel Tom Clark had reviewed and signed the resolution. He left the Council Chambers and returned after the vote was taken. Mayor Morris opened the hearing. No public comments were received. Jim Smith, Interim Director of Public Works, advised that this particular resolution would bring Kendall Drive to the Traffic Element General Plan Circulation width of 100 feet and 50 feet each side, so it is basically some cleanup to bring consistency with the City's General Plan. Council Member Kelley asked whether staff had resolved the issue with the short section between the end of this project and the housing project where the County Flood Control area is located; and City Engineer Eisenbeisz replied in the affirmative. Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report from the Public Works Director, as to why a portion of the southerly side of Kendall Drive, northerly of Pine Avenue is no longer necessary for public right-of-way purposes; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Staff Reports 7A. City Manager RES. 2012-220 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the San Bernardino International Airport Authority and the City of San Bernardino for the Provision of City Services for Fiscal Year 2012/2013. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 812812012 Joint Regular Meeting Minutes August 20, 2012 Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 713. Civil Service Personnel Actions-Classified Motion: Approve 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 [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia --- -- --------- — - ------ -- - -- 7C. Community Development An Ordinance of the City of San Bernardino Amending Chapter 1.16 of the San Bernardino Municipal Code to Reestablish the Boundaries of the Seven Wards of the City of San Bernardino. Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 9/4/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7D. Public Works Request Mayor and Common Council of the City of San Bernardino to Reject All Bids for Repair of 2nd Street Bridge Over Warm Creek, Bridge No. 54C-0411 (SS08-020), per Plans and Special Provisions No. 12814. Motion: Reject all bids. O Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 812811012 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7E. Public Works Update on Repair of City Street Lights and Alternative Technologies Motion: Authorize City staff to seek a funding plan for use of alternative technologies such as solar and LED technology including funding from federal, state, local and private sources to achieve cost savings. RESULT: ADOPTED [UNANIMOUS] i MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. Continued Items 8A. Public Works RES. 2012-221 - Resolution of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with the firms of Joseph E. Bonadiman & Associates, Inc., and Parsons Brinkerhoff for On-Call Surveying and Map Checking Support. (Continued from August 6, 2012) Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 811. Public Works RES. 2012-222 - Resolution of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc., and Transportation Engineering and Planning, Inc., to provide On-Call Traffic Engineering Services. (Continued from August 6, 2012) Motion: Adopt the Resolution. O Mayor and Common Council of the City of San Bernardino Page 7 Printed 812812012 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia i 8C. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2012/2013. (Continued from August 6, 2012) Motion: Table the matter. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8D. Public Works RES. 2012-223 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution an Agreement and Issuance of a Purchase Order with TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. (Continued from August 6, 2012) Council Member McCammack reiterated her request that the backup materials contain information on everyone that was sent a request for bid. Motion: Adopt the Resolution. 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 8E. Public Works RES. 2012-224 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Irnprovements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus Parkway (SS08-001), Per Plan No. 12827. (Continued from August 6, 2012) OMotion: Deem the bid submitted by Econo Fencing, Inc. non-responsive; and adopt the Resolution. Mayor and Common Council ojthe City of San Bernardino Page 8 Printed 812812012 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia,Shorett, Kelley, Johnson, McCammack 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY 9A. Redevelopment A¢ency RES. 2012-225 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to the Home Investment Partnership Act Fund Sub-Recipient Agreement by and Between Affordable Housing Solutions of San Bernardino, Inc., and the City of San Bernardino for the Administration of the Home Program. (Continued from August 6, 2012) Public Comments: Hans Vandertouw, San Bernardino, CA Motion: Adopt the Resolution. RESULT: FAILED 13 TO 21 ** MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Chas A. Kelley, Rikke Van Johnson NAYS: Fred Shorett, Wendy J. McCammack ABSTAIN: Robert D. Jenkins, John Valdivia **Subsequently, Council Member Shorett changed his vote to an Aye and Council Member McCammack changed her vote to an Abstain and the motion carried by a vote of four ayes to three abstains. 10. Public Comments on Items Not on the Agenda Ron Coats, San Bernardino, CA, spoke regarding the financial plight of the City, urged the Council to hold those accountable who have committed illegal activities, and submitted a list of 13 money-saving suggestions into the record. Paul Sanborn, San Bernardino, CA, spoke regarding the City's financial issues and the use of Certificates of Occupancy to help clean up the mess. Betty Jean Long, San Bernardino, CA, asked where the City's money is going. O John Block, City employee, spoke regarding the six individuals from San Bernardino who have made the ultimate sacrifice and suggested that they should all be honored here in San Bernardino. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 812812012 Joint Regular Meeting Minutes August 20, 2012 Patricia Sacks, San Bernardino, CA, spoke about her Christian ministry, High Point Ministry, which is to raise and donate money. Barbara Babcock, San Bernardino, CA, spoke about the various groups forming to discuss the City's situation. She spoke about a newspaper article critical of San Bernardino resident Tracylyn Sharrit and expressed her support for Ms. Sharrit. Gary Sturdivan, President of Rotary Club of San Bernardino North, announced that their club meets on Thursdays at noon at the Arrowhead Country Club. 11. Adjournment At 5:47 p.m., the meeting adjourned. 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., Tuesday, September 4, 2012, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. GEORGEANN "GIGI"HANNA City Clerk lj By d�.wd o- CO. iL O Linda E. Hartzel Deputy City Clerk Mayor and Common Council ojthe City ojSan Bernardino Page 10 Printed 812812012