Loading...
HomeMy WebLinkAbout07-02-2012 Jt. Reg Mtg Minutes ���gNARD City of San Bernardino Mayor Patrick J. Morris 4� 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez A Robert D. Jenkins x http://www.sbcity.org John Valdivia o Fred Shorett �kp Z5 IS vs� 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 i AS THE HOUSING AUTHORITY i MONDAY,JULY 2, 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 1:30 p.m., Monday, July 2, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:04 PM Robert D. Jenkins Council Member, Ward 2 Present 1:35 PM John Valdivia Council Member, Ward 3 Present 1:33 PM Fred Shorett Council Member, Ward 4 Present 1:34 PM Chas A. Kelley Council Member, Ward 5 Present 3:23 PM Rikke Van Johnson Council Member, Ward 6 Present 1:30 PM Wendy J. McCammack Council Member, Ward 7 Present 3:15 PM Patrick J. Morris Mayor Present 2:03 PM James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 10:51 AM Andrea Travis-Miller City Manager Present Mayor and Common Council ofthe City of San Bernardino Page l Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): Briones, et al. v. City of San Bernardino, et al. - United States District Court, Case NO. CV 10-7571 CBM (Opx); Ellison, et al. v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1005001; Erik Brown v. City of San Bernardino, et al. - U.S. District Court, Case No. CV 12-2300-RGK(OPx); Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1109321; Madrigal, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CV 12-03286 JHN(OPx); U.S. Bank v. McMahan - San Bernardino County Superior Court, Case No. CIVDS 1204331; Universal Trailers v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102368; Bank of America v. Meiia - San Bernardino County Superior Court, Case No. CLADS 12000923; Bank of America v. Rodriguez - San Bernardino County Superior Court, Case No. CIVDS 1202215; Fleming v. Cit San Bernardino County Superior Court, Case No. CIVDS 1108467; GEICO v. City San Bernardino County Superior Court, Case No. CIVDS 1112257; Geisreiter. Reed et, al v. People, San Bernardino County Superior Court, Case No. CIVDS 1201771; Joaquin, v. City - San Bernardino County Superior Court, Case No. CV10-7138 CAS; Joaquin, v. Citv- United States District Court, Case No. CIVIDS-1007543; O Porter v. Citv - San Bernardino County Superior Court, Case No. CIVDS 1102116; Mayor and Common Council of the City ojSan Bernardino Page 2 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 City v. SBUSD-Kohrell -Subrogation Case, San Bernardino County Superior Court, Case No. CIVDS 1203275; Stone v. City San Bernardino County Superior Court, Case No. CLADS 1110807; Tapia, v. City - San Bernardino County Superior Court, Case No. CIVDS 1105258; Vargas-Roman v. City- San Bernardino County Superior Court, Case No. CLADS 1104423. 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. Agenda Item# 6A C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session- personnel -pursuant to Government Code Section 54957. 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. Police Safety Police Management Fire Safety Fire Management Mid-Management General Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item was discussed in closed session: Agenda Item No. ID, Personnel - Senior Deputy City Attorney. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances j C on the agenda. i Moment of Silence Mayor Morris requested a moment of silence in memory of Norine Miller. Mayor and Common Council of the City of San Bernardino Page 3 Printed 713112011 Joint Regular Meeting Minutes July 2, 2012 Invocation/Pledge of Allegiance The invocation was given by Council Member Johnson. The Pledge of Allegiance was led by Marie Ann Mae, formerly an honor student at Salinas Elementary School in the City of San Bernardino who is presently attending Cameron Elementary School in the City of Barstow. 2. Appointments 2A. Mayor's Office Appointment of Scott Beard to the Board of Building Commissioners — Council Member Wendy McCammack. Motion: Approve the appointment of Scott to the Board of Building Commissioners as requested by Council Member Wendy McCammack. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 3. Presentations 3A. Proclamation - Park& Recreation Month - Mayor Morris A proclamation designating the month of July 2012 as National Parks and Recreation Month was presented to Parks, Recreation & Community Services Director Kevin Hawkins. A Certificate of Recognition was presented to Acting Recreation Division Manager Glenda Martin-Robinson on the occasion of her retirement. 3B. Proclamation - Margaret Fedor A Resolution of Commendation was presented to Margaret Fedor, Executive Assistant to the Director, City Clerk's office, on the occasion of her retirement. 3C. Chamber of Commerce Announcements—Jim Gerstenslager 4. Announcements— Mayor, 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 July 2, 2012. Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 713112011 Joint Regular Meeting Minutes July 2, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorca, Kelley, Johnson, McCammack 6. Public Hearings to be Heard at 4:00 p.m. 6A. City Clerk Appeal Hearing Regarding the Requirement for Kohl's Department Stores to File an Amended Business Registration Renewal Application Stating the Gross Sales Attributable to the Internet Fulfillment Center for the Purposes of Calculating the Correct Business Registration Fee Due to the City; and to Pay All Applicable Fees. (Continued from June 18, 2012) The hearing was opened on May 7, 2012. Mayor Morris stated that a letter addressed to the Mayor and City Council had been received by Peter B. Kanter of Morrison & Foerster, dated June 25, 2012, regarding Kohl's Department Stores. The letter was reviewed by the City Attorney's office and a response was filed by Ms. Easland on June 28, 2012. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individual that he would provide true and honest testimony: Peter Kanter, Attorney with Morrison and Foerster representing Kohl's, stated that the issue is not whether Kohl's believes it does not have to have a business license permit, but what is the proper and constitutional amount of tax that it is required to pay. Kohl's submits that if the City seeks to apply its tax based upon all of the gross receipts, regardless of where those sales are shipped to, regardless of the activities that occur by Kohl's Department Store outside of the City, that that is then an unconstitutional exercise of the City's taxing power and in excess reach of the City's power to gather taxes based upon activities that are occurring outside of the City. Motion: Close the hearing; deny the appeal and uphold the decision of the City Clerk to require that Kohl's Department Stores file an amended Business Registration Renewal Application stating the gross sales attributable to the internet fulfillment center for the purposes of calculating the correct Business Registration fee due to the City; and to pay all applicable fees. RESULT: ADOPTED [5 TO 21 MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Johnson, McCammack NAYS: Fred Shorett, Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 5 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 C 6B. City Clerk Resolution of the Mayor and Common Council 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. New backup materials were distributed to the Mayor and Council and submitted into the record marked Exhibit A and Exhibit B. Motion: Continue the matter to the Council meeting of July 16, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 7/16/2012 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack --- --- ---------— -- - ---- ....------------- -- 6C. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (Continued from June 18, 2012) The hearing was opened on May 7, 2012. Motion: Continue the matter to the Council meeting of July 16, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 7/16/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6D. Community Development RES. 2012-181 — A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Addendum to the Certified San Bernardino General Plan Update j and Associated Specific Plans Environmental Impact Report (EIR) SCH#20041 1 1 1 32 as j Shown in Exhibits A & A2 and Adopt General Plan Amendment No. 12-01 to Update the City General Plan Land Use Map to Add Transit District Overlay District (TD) to Allow 1 Thirteen (13) Transit Station Areas as Shown in Exhibit B. i Agenda Item Nos. 6D and 6F were discussed simultaneously. Council Member McCammack stated that she would be abstaining on this item because Omnitrans is a client of her business. Mayor Morris opened the hearing. OPursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 Public Comments in support of the project: Matt Korner, San Bernardino, CA; [ j Evelyn Trevino, San Bernardino, CA; V Jim Mulvilhill, San Bernardino, CA, spoke and submitted into the record a document titled, "Transit Overlay Discussion, dated June 18, 2012; Trevell Thomas, San Bernardino, CA; Tim Prince, San Bernardino, CA. City Clerk Hanna read and submitted into the record a letter of support addressed to Mayor Patrick J. Moms from Albert K. Karnig, President of California State University, San Bernardino, dated June 28, 2012. Public Comments in opposition to the project: Gary Walbourne, San Bernardino, CA; Ron Coats, San Bernardino, CA; John Malley, San Bernardino, CA; Judy Penman, San Bernardino, CA; Ralph Affaitati, San Bernardino, CA; Larry Quiel, San Bernardino, CA; Scott Olson, San Bernardino, CA; Matt Florez, San Bernardino, CA; Roger Henderson, San Bernardino, CA; Jack Avakian, San Bernardino, CA; Carol Donnelly, San Bernardino, CA; Laurie Stalnaker, Highland, CA; Jim Penman, San Bernardino, CA. Motion: Close the hearing; adopt the Addendum to the certified San Bernardino General Plan Update and Associated Specific Plans EIR SCH#2004111132; and adopt resolution approving General Plan Amendment No. 12-01 based on the Findings of Fact and attached draft resolution contained in the staff report(Attachment Q. RESULT: ADOPTED [4 TO 21 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 j AYES: Virginia Marquez,Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia ABSTAIN: Wendy J. McCammack 6E. Community Development An Appeal of the Planning Commission Denial of Conditional Use Permit(CUP)No. 12- 03 to Construct a New Wireless Telecommunications Facility Consisting of a 65-Foot Tall, Camouflaged Monopalm Tower and Associated Equipment Stored Within an Existing Commercial Building, Located at 1702 N. "D" Street and 420 W. 17`h Street in I o the Commercial Office (CO) and the Residential Suburban (RS) Land Use Districts. (Continued from May 7, 2012.) The hearing was opened on May 7, 2012. Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the { r following individuals that they would provide true and honest testimony: Public Comments in support of the project: John Matley, San Bernardino, CA; John Beke, Metro PCS,Riverside, CA; Zack Hovav, Upland, CA; Richard Brooks, San Bernardino, CA. Motion: Close the hearing; grant Appeal No. 12-02, and approve CUP No. 12-03, as amended with selected location and design, based on the Findings of Fact and subject to the Conditions of Approval (Attachment C) contained in the Staff Report to the Planning Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6F. Community Development 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 June 18, 2012) The hearing was opened on February 6, 2012. Refer to Agenda Item No. 6D for the discussion and action relative to this item. Motion: Close the hearing; adopt the Addendum to the certified San Bernardino General Plan Update and Associated Specific Plans EIR SCH#2004 1 1 1 1 32; approve Development Code Amendment No. 12-01 based on the Findings of Fact contained in the staff report; and lay over Ordinance for final adoption (Attachment J). RESULT: FIRST READING [4 TO 2] Next: 7/16/2012 1:30 PM l MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia ABSTAIN: Wendy J. McCa mnack O Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 7. Staff Reports 7A. City Attorney RES. 2012-182 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Chadwick J. Bradbury II and the City of San Bernardino for Legal Services . Motion: Adopt Resolution. RESULT: ADOPTED [4 TO 31 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson 713. City Attorney RES. 2012-183 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner &Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Jose Munoz v. City of San Bernardino, San Bernardino Superior Court, Case No. CIVDS1110863. �j Public Comments: �rd� Tim Prince, San Bernardino, CA. Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Fred Shorett, Rikke Van Johnson 7C. City Attorney RES. 2012-184 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner & Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Michael Wade v. City of San Bernardino, United States District Court, Case No. CVl1- 09831 GHK(SPx). Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 RESULT: ADOPTED [5 TO 21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Fred Shorett, Rikke Van Johnson 7D. City Attorney RES. 2012-185 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner& Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Rovinski Renter v. City of San Bernardino,United States District Court, Case No. CV 11- 07222 GAF(CWx). Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 1 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Fred Shorett, Rikke Van Johnson 7E. City Manager RES. 2012-186 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Brunick, McElhaney & Kennedy for Hearing Officer and/or Administrative Law Officer Services. City Attorney Penman advised that his office had conflicted off of this item. He stated that Tom Clark had reviewed and approved this item. He left the Council Chambers and returned after the vote was taken. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7F. City Manaeer RES. 2012-187 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Graves & King LLP for Hearing Officer and/or © Administrative Law Officer Services. Mayor and Common Council of the City ofSan Bernardino Page 10 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 City Attorney Penman advised that his office had conflicted off of this item. He stated that Tom Clark had reviewed and approved this item. He left the Council Chambers and L returned after the vote was taken. Motion: Adopt Resolution. RESULT: ADOPTED 16 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 7G. 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: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett 7H. Community Development ORD. MC-1374 — An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8) to Allow the Use of Electrified Fencing as an Approved Fencing Material. (FINAL READING) (Laid over from June 18, 2012) Motion: Adopt Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 71. Community Development An Ordinance of the City of San Bernardino Amending the San Bernardino Municipal Code Titles 2, 10, 12, 13, 15, 16, and 17 to Reflect Organizational Changes from the Q Development Services Department to the Community Development Department or the Public Works Department. (FIRST READING) Motion: To table the matter. Mayor and Common Council ofthe City of San Bernardino Page/l Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 RESULT: TABLED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7J. Council Office Alternative Energy Solutions for Powering Street Lights Council Member Valdivia made a motion, seconded by Council Member McCammack, to direct the City Manager to task the Public Works Department to: i A. Determine the viability of alternative energy solutions' for implementation within the City of San Bernardino (by August 1, 2012); B. Identify appropriate application & installation of alternative energy solutions' 1j throughout our city within the framework of test pilot areas (by August 1, 2012); C. To seek out vendors, in keeping with standard notification procedures/protocol, and, award these bids to ensure street lights are returned into normal operation; D. Report back to Mayor and Common Council within 60 days to report findings and outcomes. 'Alternative energy solutions: defined as either LED lighting; and/or solar lighting with © a minimum of 40% of the final outcome being allocated to Solar Street Lights within test pilot areas. i No vote was taken. Andrea Travis-Miller, Acting City Manager, stated that in regards to Item C, staff would need to follow the process to identify vendors and bring that back to the Council, so some of the deadlines may be unrealistic. She stated that staff would need at least four to six months. Council Member Jenkins made a motion, seconded by Council Member McCammack, to direct the City Manager to task the Public Works Department to: A. Determine the viability of alternative energy solutions' for implementation within the City of San Bernardino (by August ' 2012 • B. Identify appropriate application & installation of alternative energy solutions' throughout our city within the framework of test pilot areas ; C. Deleted. D. Report back to Mayor and Common Council within 60 days to report findings and outcomes. O 'Alternative energy solutions: defined as either LED lighting; and/or solar lighting with a minimum of 40% of the final outcome being allocated to Solar Street Lights within test pilot areas. Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 Public Comments: Hugh Martin, Chairman and CEO of Zerolux Corporation; J. R. Canosa, Director of Sustainable Energy Solutions for the National Electrical Contractors Association. 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 7K. Council Office Fire Department Staffing Efficiencies Public Comments: Paul Sanborn, San Bernardino, CA, submitted into the record a document titled, "City of San Bernardino `Report to the People' 1963"; John Marini, San Bernardino, CA. Motion: Adopt Fire Department Staffing Efficiencies, as follows: 1. Eliminate the Cadet Program, and utilize the Explorer Program to achieve the "proposed goals of the Cadet Program" at no cost to the taxpayer or the City. ! 2. Reassign the three daytime Administrative Chiefs to shift duty (48/96 schedule), 1 where they would assume their current duties. 3. Temporarily leave the following positions vacant through attrition, until such time the City can afford to fill the positions: Deputy Chief, Division Chief, and Fire Marshal. 4. Vacancy through attrition of the Disaster Preparedness position. 5. Eliminate the Public Education Position. RESULT: ADOPTED [4 TO 31 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikkc Van Johnson 7L. Council Office Public Comments i Council Member Johnson made a motion, seconded by Council Member Marquez, to I start the public comments for items not on the agenda around 6:00 p.m. and to allot an hour at that time. If more public wish to speak at the meeting outside of the allotted hour, © they will be heard at the conclusion of the agenda. No vote was taken. Mayor and Common Council ofthe City of San Bernardino Page 13 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 Council Member McCammack made a substitute motion to begin the meeting at 1:00 p.m. The motion died for lack of a second and was subsequently withdrawn. Motion: To generally start the public comments for items not on the agenda around 6:00 p.m. and to allot an hour at that time. If more public wish to speak at the meeting outside of the allotted hour, they will be heard at the conclusion of the agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7M. Council Office San Bernardino Hometown Heroes Military Banner Program Consensus Motion: Receive and file committee update. 7N. 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 [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 70. human Resources RES. 2012-188 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Extensions of MOUs/Side Letters, and Resolutions for the General, Middle Management, and Management/Confidential Bargaining Units. Motion: Adopt Resolution; and authorize the Acting City Manager to continue a 36-hour reduced work week and commensurate Friday closure of City Hall until successor MOUs/Side Letters/Resolutions are negotiated/ adopted. Mayor and Common Council of the City of San Bernardino Page 14 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 . ................._...... RESULT: ADOPTED 15 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia ABSENT: Chas A. Kelley 7P. Human Resources Update the Job Description for the Public Works Department, Fleet Division Motion: Approve the job description as proposed. RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 7Q. Parks,Recreation & Community Services RES. 2012-189 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Food Service Agreement with the San Bernardino City Unified School District Relating to Delivery of Type a Lunches to City Sites for the District's Year-Round and Summer Lunch Program FY 12/13 (Year Two of Three), with One Optional Single Year Renewal. Council Member McCammack stated that she would be abstaining on this item because the school district is a client of her business. City Attorney Penman stated that he would be abstaining from this item because his wife is a member of the San Bernardino Unified School District School Board. He advised that Attorney Tom Clark had reviewed and approved this item. Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 1] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson NAYS: John Valdivia ABSTAIN: Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 15 Printed 713111011 Joint Regular Meeting Minutes July 2, 2012 7R. Public Works RES. 2012-190 — Resolution of the City of San Bernardino Confirming the 2012/2013 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. Council Member Johnson stated that he would be abstaining from this item because this assessment district is within 500 feet of his property. Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 01 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, McCammack ABSTAIN: Rikke Van Johnson 7S. Public Works RES. 2012-191 — Resolution of the City of San Bernardino Confirming the 2012/2013 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue Area. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 7T. Public Works RES. 2012-192 — Resolution of the City of San Bernardino approving an Agreement for Services with Willdan for Design of the Widening of Fortieth Street from Johnson Street to Electric Avenue (SSO4-014). Motion: Adopt Resolution. RESULT: ADOPTED 15 TO 21 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson NAYS: John Valdivia, Wendy J. McCammack Mayor and Conunon Council ofthe City of San Bernardino Page 16 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 7U, Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Purchase Order with the Safeway Sign Company for the Purchase of Traffic Signs for Repair, Removal, and Replacement of Damaged, Faded and Vandalized Signs, and New Installation of Signs Located Throughout the City of San Bernardino. Motion: Continue the matter to the Council meeting of July 16, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 7/16/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7V. Public Works RES. 2012-193 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Laird Construction Co., Inc. for Storm Drain and Street Improvements on Mountain Avenue from 39`h Street to 40`h Street (SD04-004; SSO4-018; SS-B; SS-C), per Project Plan No. 10265A. Motion: Adopt the Resolution; and direct Public Works staff to contact the homeowner on Mountain Avenue and inform them of the City's plan and (" make sure we are not exacerbating the situation. RESULT: ADOPTED 16 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 7W. Public Works RES. 2012-194 — Resolution of the Mayor and Common Council of the City of San Bernardino Declaring its Intention to Order 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 that he would be abstaining from this item to avoid the appearance of a conflict. He advised that Attorney Tom Clark had reviewed and approved this item. Motion: Adopt Resolution. C Mayor and Common Council ojthe City ojSan Bernardino Page 17 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia J 8. New Business 8A. City Attorney RES. 2012-195 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Henry Empeiio and the City of San Bernardino for legal services. Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Motion: Adopt the Resolution, as amended, changing City Manager to Mayor on page 1, line 6; and changing Acting City Manager to Mayor Patrick J. Morris on page 3, line 12 of the agreement. i RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, stated that she wanted a full report as to what happened to the missing $7 million; asked the City to repair sidewalks at the 5th Street Senior Center. Roxanne Williams, San Bernardino, CA, spoke in support of the Regal Cinemas. Tom Kanavos, San Bernardino, CA, Turrell Transitional Assistance, spoke about the fireworks stand at "H" and Highland and stated that all the proceeds will be used to help ® homeless veterans and getting them off the streets. Mayor and Common Council of the City of San Bernardino Page 18 Printed 713112012 Joint Regular Meeting Minutes July 2, 2012 10. Adjournment ( The meeting adjourned at 10:14 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, July 16, 2012. GEORGEANN "GIGI" HANNA City Clerk Bya Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 19 Printed 713111011