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HomeMy WebLinkAbout06-04-2012 Jt. Reg Mtg. Minutes o MAR Ma or Patrick J. Morris 01n City of San Bernardino y �_ 300 North "D" Street Council Members 0v San Bernardino, CA 92418 Virginia Marquez y Robert D. Jenkins bF` http://www.sbcity.org John Valdivia Fred Shorett iK Ro 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 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,JUNE 4, 2012 COUNCIL CHAMBERS The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:36 p.m., Monday, June 4, 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 1:02 PM Robert D. Jenkins Council Member, Ward 2 Present 1:27 PM John Valdivia Council Member, Ward 3 Present 1:30 PM Fred Shorett Council Member, Ward 4 Present 1:28 PM Chas A. Kelley Council Member, Ward 5 Present 2:59 PM Rikke Van Johnson Council Member, Ward 6 Present 3:16 PM Wendy J. McCammack Council Member, Ward 7 Present 1 :36 PM Patrick J. Morris Mayor Present 2:39 PM James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 10:39 AM Andrea Travis-Miller City Manager Present Mayor and Common Council ojthe City ojSan Bernardino Pagel Printed 612012012 Joint Regular Meeting Minutes June 4, 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): Yvonne Barnes v. Cites- San Bernardino Superior Court, Case No. CLADS 807102; Jose Munoz v. Cites - San Bernardino Superior Court, Case No. CIVDS 1110863; Rovinski Renter v. City, et al. -USDC Case No. CV l 1-07222 GAF (CWx); Michael Wade v. City, et al. -USDC Case No. CV11-9831 GHK(SPx). 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 Bomel Construction Co., Inc. for San Bernardino Metrolink Parking Structure Final Payment of$69,000. CC. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c)of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following cases would be discussed in closed session: Under Agenda Item No. 1 A, existing litigation: San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102415; San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, et al. -PERB Complaint No. LA-CE-714-M. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 612012011 Joint Regular Meeting Minutes June 4, 2012 Under Agenda Item No. 113, significant exposure to litigation: Three cases. Facts and details not to be revealed because they might alert a potential plaintiff as to information pursuant to the Brown Act. Under Agenda Item No. 1C, initiation of litigation: One case. Under Agenda Item No. IF, conference with labor negotiator: Fire Management. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Rabbi Emeritus Hillel Cohn. The Pledge of Allegiance was led by Jacqueline Silva, a fifth grade student from Newmark Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Tachikawa/San Bernardino Sister City- Student Ambassadors - Mayor Morris Jeanette Avila from the Tachikawa Sister City Committee introduced the following student ambassadors from San Bernardino who will be traveling to Tachikawa, Japan in June: Michelle Alva, Public Safety Academy; Victoria Cantu, Public Safety Academy; Leah Fox-Hatton, Cajon High School; and Danielle Mendez Villanueva, San Gorgonio High School. The following students who were chosen last year but were unable to go to Japan due to concerns following the earthquake and tsunami will be traveling to Tachikawa and the ancient capital of Kyoto: Tiffany Armenta, Anthony Nguyen, Arianna Ruvalcaba, and Maddy Sayre. Tachi kid 2009, Jennifer Avila, will also be traveling to Japan since she did not get to go to Japan in 2009 due to an injury. 3B. St. Bernardine Church 150th Anniversary- Council Members Marquez and Kelley Father Leonard accepted the commendation on behalf of Bishop Gerald Barnes and St. Bernardine's Catholic Church. 3C. Girl Scouts of America -Year of the Girl- Council Member Kelley Council Member Kelley recognized Girl Scouts of America on the occasion of their 100th Anniversary and for designating 2012 as Year of the Girl. O31). Chamber of Commerce Announcements Chamber announcements were presented by Robert Gastel. Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 612012012 Joint Regular Meeting Minutes June 4, 2012 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 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated June 4, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. City Manaeer Request for Civic and Promotional Funding for Fourth of July Celebration at San Manuel Stadium Council Member McCammack stated that she would be abstaining on this item because San Manuel is a client of her business. Motion: Approve the Civic and Promotion Funding request of $15,000 for the Fourth of July Celebration at San Manuel Stadium. I RESULT: ADOPTED [6 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 5C. Civil Service Personnel Actions—Classified Council Member Shorett stated that he would be abstaining on this item because he did not feel it was appropriate to be hiring and/or promoting at this time. 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. O Mayor and Common Council of the City ojSan Bernardino Page 4 Printed 612012011 Joint Regular Meeting Minutes June 4, 2012 RESULT: ADOPTED [5 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Kelley, Johnson, McCammack NAYS: John Valdivia ABSTAIN: Fred Shorett --- ----- —— - — - ------ --- 5D. Finance Approval of Commercial Checks and Payroll Checks 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: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5E. Human Resources Re-Establish Salary Range 4740 for the Position of City Manager Motion: Re-establish City Manager (U) Salary Range 4740 at $17,791 - $21,622/month; authorize the Director of Finance to incorporate the changes into the FY 11/12 budget; authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action; and authorize higher acting pay for the current Acting City Manager at Step 1 of Range 4740. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor Morris announced that a speaker slip was received regarding this item; therefore, the item would have to be reconsidered. Motion: To reconsider the item. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Public Comments: Paul Sanborn, San Bernardino, CA. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 611711011 Joint Regular Meeting Minutes June 4, 2012 Motion: Re-establish City Manager (U) Salary Range 4740 at $17,791 - $21,622/month; authorize the Director of Finance to incorporate the changes into the FY 11/12 budget; authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action; and authorize higher acting pay for the current Acting City Manager at Step 1 of Range 4740. RESULT: ADOPTED [6 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 5F. Human Resources RES. 2012-94 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Bob Heitzman and the City of San Bernardino for Assistant City Manager Services. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] O MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack - - , 5G. Human Resources RES. 2012-95 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Consultant Services. Motion: Adopt Resolution. 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 511. Human Resources Update of Job Description for the Public Works Department, Fleet Division Motion: Approve the job description as proposed. RESULT: ADOPTED [UNANIMOUS] O MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack Mayor and Common Council of the City ojSan Bernardino Page 6 Printed 612012012 Joint Regular Meeting Minutes June 4, 2012 6. Continued Items 6A. City Clerk Council Minutes (Continued from May 21, 2012) Agenda Item Nos. 6A and 613 were discussed and voted on simultaneously. Council Member Shorett made a motion, seconded by Council Member Valdivia, to approve the minutes of the following meetings of the Mayor and Common Council and Community Development Commission, and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, as revised: January 9, 2012; February 6, 2012; and March 19, 2012. No vote was taken. Council Member McCammack requested that the changes be redlined or italicized. City Attorney Penman stated that the changes had not yet been made to the minutes of February 6, 2012, and requested that they be continued. Council Member Jenkins made a substitute motion, seconded by Council Member McCammack to continue the matter for two weeks. Council Member Marquez stated that it was difficult to review the minutes because the order of the attachments did not match the order of the minutes on the agenda. CCity Clerk Hanna suggested that the matter be tabled so that a new agenda item could be prepared and brought to the Council at a future date. Motion: Table the matter. RESULT: TABLED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6B. City Clerk Council Minutes (Continued from May 21, 2012) Motion: Table the matter. RESULT: TABLED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City ojSan Bernardino Page 7 Printed 612012012 Joint Regular Meeting Minutes June 4, 2012 6C. Council Office RES. 2012-96 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution...Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portions Thereof..." to Establish a No Parking Any Time, Tow Away Zone on Mount Vernon Avenue Between Mill Street and Walnut Street. (Continued from May 21, 2012) 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 6D. Public Works RES. 2012-97 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement to Clipper Creek, Inc., for the Purpose of Upgrading Existing Publicly Available Electric Vehicle Charging Infrastructure to the New Standard. (Continued from May 21, 2012.) Council Member Kelley suggested that staff look at opportunities for additional grant funding to move the charging stations to areas more accessible and visible to the public. Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 21 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Shorett, Kelley, Johnson, McCammack NAYS: Robert D. Jenkins, John Valdivia 7. Staff Reports 7A. City Attorney City Attorney-Funding to Pay Litigation Costs Public Comments in opposition to the item: Tim Prince, San Bernardino, CA; Jim Smith, San Bernardino, CA; Eddie Jones, President of the Los Angeles Civil Rights Association. Public Comments in suvnort of the item: Roxanne Williams, member of the Save Our San Bernardino (SOS) Coalition. f Submitted into the record was an Intra-Office Memorandum addressed to James F. Penman, City Attorney, from Kimberley Green, Administrative Analyst, dated June 1, 2012, regarding Administrative Civil Penalties' Citation Totals. Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 612012012 i Joint Regular Meeting Minutes June 4, 2012 Motion: Appropriate $476,742 and allocate $352,789 to line item # 001-050-5503 Litigation-Outside Attorneys and $123,953 to Account # 001-050-5177 - Litigation expenses. RESULT: ADOPTED [6 TO 1] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson 7B. Community Development Request that Mayor and Common Council Refer to Legislative Review Committee Potential Development Code Amendments Regarding Updating Uses Based Upon Current Uses and Consistency of Requirements. Motion: Refer the matter to the Legislative Review Committee. RESULT: ADOPTED [UNANIMOUS] i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 j AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7C. Fire RES. 2012-98 — 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 Vanguard Global Solutions for a Medical Oxygen Generating System with Accessories. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 7D. Fire RES. 2012-99 — 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 Zoll Medical Corporation for Three Cardiac Monitor/Defibrillators with Accessories. CMotion: Adopt Resolution. Mayor and Common Council of the City ojSan Bernardino Page 9 Printed 612012012 Joint Regular Meeting Minutes June 4, 2012 ..........._.._.._.._....... RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7E. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [4 TO 21 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Wendy J. McCammack NAYS: Fred Shorett, Rikke Van Johnson ABSTAIN: Chas A. Kelley 7F. Information Technolo¢y RES, 2012-100 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order to Accela, Inc., for Maintenance of the Permits+ System. Motion: Adopt Resolution. 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 7G. Information Technoloay RES. 2012-101 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Sprint Nextel for Cellular Phone Services. Council Member McCammack stated that she would be abstaining on this item because Sprint Nextel is a client. She left the Council Chambers and returned after the vote was taken. Staff advised that there was an error in the staff report that stated that services would be authorized through June 30, 2012, and it should have read June 30, 2013. © Motion: Adopt Resolution. Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 612012011 Joint Regular Meeting Minutes June 4, 2012 RESULT: ADOPTED [5 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward I AYES: Marquez, Jenkins, Shorett, Kelley, Johnson i ABSTAIN: John Valdivia, Wendy J. McCammack 7H. Public Works RES. 2012-102 — Resolution of the City of San Bernardino Authoring the Execution of Memorandum of Understanding (MOU) C11223 with San Bernardino Associated Governments (SANBAG) Defining the Roles and Responsibilities of the Agencies for Maintaining and Operating San Bernardino Valley Coordinated Traffic Signal Timing Program Tiers 1, 2, 3 and 4. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 j AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 71. Public Works RES. 2012-103 — 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 San Bernardino County Fire Department Pursuant to Section 3.04.010 B-3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City. Motion: Adopt Resolution. i 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 8. Public Comments on Items Not on the Agenda Kevin Gillespie, Redlands, CA, representing Allison Mechanical, stated that they are an HVAC air-conditioning contractor that has contracted with the Economic Development Agency and is now seeking payment of over $300,000 from the City, which is having a huge impact on the business. Wilma Henning, San Bernardino, CA, spoke about the 63rd assembly Woman of O Distinction Award that she had received through the Women's Club of San Bernardino. She thanked the entire Council, and specifically Council Members Valdivia, Kelley and McCammack, who were at the event, for presenting her with such a beautiful commendation. Mayor and Common Council of the City ojSan Bernardino Page/I Printed 612012012 Joint Regular Meeting Minutes June 4, 2012 Paul Sanborn, San Bernardino, CA, urged the Council to hire more safety employees because police and fire are the City's first line of defense; spoke about the possible cancellation of the cadet program; the City clock; and the City Attorney's budget. Betty Jean Long, San Bernardino, CA, spoke about money missing from the City's budget and stated that people have a right to know where their money is going. Ron Coats, San Bernardino, CA, spoke about the City Attorney's budget and suggested that the Council instruct the City Attorney to issue more ACPs. Bob Chairez, San Bernardino, CA, spoke about his framing store in Muscoy called Bob's Art and Frame Company and his new gift store called Chairez Art and Gift Shop. He stated that he is a member of the Latino Art Association; has artwork on display at the Feldheym Library; and he was awarded the Small Business of the Year Award from State Senator McLeod. Jim Smith, San Bernardino, CA, spoke about comments made by the SOS group; reminded everyone to vote in the upcoming election; mentioned that great things happening in the City such as the opening of the Regal Theater, the new courthouse, the sbX system, and the I-215 Freeway; and announced that June 14 was not only Councilwoman Marquez'birthday,but was also flag day. Tim Prince, San Bernardino, CA, spoke about the City Attorney's budget; urged the Council to adopt policies to address the City's dire financial crisis; and encouraged residents to vote in the upcoming election. 9. Adjournment At 6:34 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., Monday, June 18, 2012. GEORGEANN"GIGI"HANNA N City Clerk By: .Cif d d ��Q�� O 4�j1w�.� i"�" Linda Sutherland Deputy City Clerk O Mayor and Common Council of the City of San Bernardino Page 12 Printed 6120 12012