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DOC ID: 1855 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 08/06/2012 Prepared by: Linda Sutherland, (909) 384- 5002 Dept: City Clerk Ward(s): N/A Subject: Council Minutes (At Meeting of July 16, 2012, Item Continued to August 6,2012.) Financial Impact: None. Motion: Approve the minutes of the following Council meetings: April 2, 2012; April 3, 2012; and April 19,2012. Synopsis of Previous Council Action: None. OBackground: None. Supporting Documents: 04-02-2012 Jt. Regular(Draft) (PDF) 04-03-2012 Jt. Adj. Regular(Draft) (PDF) 04-19-2012 Jr. Adj. Regular(Draft) (PDF) 04-16-2012 Jt. Regular(Draft)_gh (PDF) i i i 1 Updated:7/30/2012 by Georgeann"Gig?Hanna A �gNARpI Mayor Patrick J. Morris o ►» City of San Bernardino y SQL 300 North "D" Street Council Members y " San Bernardino,Bernardino, CA 92418 Vir g inia Marquez Robert D. Jenkins �3 http://www.sbcity.org John Valdivia Fred Shorett ED tN Chas A. Kelley Rikke Van Johnson Wendy McCammack N O DRAFT MINUTES N CL JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL a, OF THE CITY OF SAN BERNARDINO d c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY c 0 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY 00 AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY °— MONDAY,APRIL 2, 2012 COUNCIL CHAMBERS x N r O The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:30 p.m., Monday, N N April 2,2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. v' 0 Call to Order E Attendee Name Title Status Arrived m Virginia Marquez Council Member, Ward 1 Present a Robert D. Jenkins Council Member, Ward 2 Present John Valdivia 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 Georgeann "Gigi" Hanna City Clerk Present James F. Penman City Attorney Present Patrick J. Morris Mayor Present Mayor and Common Council of the City of San Bernardino Page Packet Pg. 12 S.A.a Joint Regular Meeting Minutes April 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): Coley. Gavle v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1107016; Meiia, Maria D., et al. v. City, et al. - United States District Court, Case No. EDCV1 1- 00452 VAP (DTBx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - o pursuant to subdivision(b) (1), (2), (3) (A-F)of Government Code Section 54956.9. N Q C. Conference with legal counsel - anticipated litigation- initiation of litigation -pursuant to a subdivision(c) of Government Code Section 54956.9: City of San Bernardino v. San Bernardino City Unified School District, et al. - San Bernardino Superior Court; U C D. Closed Session-personnel -pursuant to Government Code Section 54957: 0 City Manager Co E. Closed session with Chief of Police on matters posing a threat to the security of public — v 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. N 0 N City Attorney Penman announced that the following additional case would be discussed in o closed session: o c Gavle Coley v. City of San Bernardino—Case No. CIVDS 1107016. E L U Closed Session Announcement =° City Clerk Hanna announced that during closed session a motion was made by Council Member a Valdivia, seconded by Council Member McCammack, to accept the resignation of City Manager Charles McNeely and that he be placed on inactive status until his leave date of May 1, 2012. The motion failed with Marquez and Shorett voting "no," Kelley abstaining and Johnson absent. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 13 5.A.a Joint Regular Meeting Minutes April 2, 2012 Invocation/Pledge of Allegiance The invocation was given by Pastor Joshua Beckley from Ecclesia Christian Fellowship. The pledge of allegiance was led by Michaela Anne Parada, a fifth grade student at Wilson Elementary School. 2. Appointments A. Mayor's Office Appointment of Joe Arnett to the Historical Preservation Commission - Council Member Valdivia N Motion: Approve the appointment of Joe Arnett to the Historical Preservation N Commission as requested by Council Member Valdivia. _ Q Q 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 c 0 0 B. Mayor's Office Appointment of Carmen Compian to the Animal Control Commission - Council Member Valdivia. Motion: Approve the appointment of Carmen Compian to the Animal Control Commission as requested by Council Member Valdivia. R 3 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 N AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack N 0 C. Mayor's Office 0 Appointment of Isabella E. Walbourne to the Senior Affairs Commission - Council Member Valdivia. E s U Motion: Approve the appointment of Isabella E. Walbourne to the Senior Affairs a Commission as requested by Council Member Valdivia. 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 Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 14 S.A.a Joint Regular Meeting Minutes April 2, 2012 D. Mayor's Office Appointment of Deborah Bunger to the Fine Arts Commission - Council Member Valdivia. Motion: Approve the appointment of Deborah Bunger to the Fine Arts Commission as requested by Council Member Valdivia. 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 N 0 N E. Mayor's Office a Appointment of Johnnie Ann Ralph to the Historical Preservation Committee - Council Qi Member Johnson. N d Motion: Approve the appointment of Johnnie Ann Ralph to the Historical Preservation Committee as requested by Council Member Johnson. c RESULT: ADOPTED [UNANIMOUS] ci MOVER: Rikke Van Johnson, Council Member,Ward 6 0 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack w - m 3. Presentations -° rn a A. Retirement Certificate to Albert K. Karnig, President of California State University, San Bernardino- Council Member Kelley N O N B. Certificate of Recognition to CSUSB Kappa Delta Sorority - Council o Member Kelley o C. Certificates to CSUSB 2011-2012 Coyotes Women's Volleyball Team - E National Champion Runners Up-Council Member Kelley m D. Certificate to San Bernardino Principal of the Year - Council Member Jenkins A presentation was made to Sandra Rodriguez, principal of San Bernardino High School, who was recognized by the Region 12 Association of California School Administrators,which includes both Riverside and San Bernardino Counties. E. Hometown Heroes Military Banner Unveiling Ceremony - Council Member © Johnson Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 15 S.A.a Joint Regular Meeting Minutes April 2, 2012 F. National Library Week A proclamation designating April 8-14, 2012 as National Library Week was presented to Interim Library Director Deborah Clark. G. Chamber of Commerce Announcements Chamber of Commerce announcements were presented by Jim Gerstenslager. 4. Announcements Announcements were made by the Mayor,members of the Common Council, and elected officials regarding various civic/community events and activities. N 0 N 5. Consent Calendar Q a A. City Clerk N Waive Full Reading of Resolutions and Ordinances c Motion: Waive full reading of resolutions and ordinances on the agenda. 'u c RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson,Council Member,Ward 6 N SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack 0 B. City Attorney RES. 2012-55 — Resolution of the Mayor and Common Council of the City of San 3 Bernardino Authorizing the Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in the Case of Michael Wade v. City of San Bernardino, et al., United States District Court N Case No. CV 11-9831 GHK(SPx). o N N Motion: Adopt Resolution. v 0 RESULT: ADOPTED [UNANIMOUS] v MOVER: Fred Shorett, Council Member,Ward 4 u SECONDER: Virginia Marquez, Council Member,Ward I AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack a C. City Clerk Review Set Public Hearing for Ward Redistricting Within the City of San Bernardino It was requested by the Council that colored maps be included in the backup,that full size maps be placed in the lobby of City Hall, and that they be posted on the City's website to Callow the public the opportunity to view the maps prior to the public hearing. Mayor and Common Council of the City of San Bernardino Page 5 S.A.a Joint Regular Meeting Minutes April 2, 2012 Council Member McCammack recommended amending the motion to set two public hearings for May 7, 2012 and June 4, 2012. Motion: Set two Public Hearings for May 7, 2012 and June 4, 2012, at 4:00 p.m. in the Council Chambers to Consider Options for City Ward Redistricting within the City of San Bernardino. 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 N � o N D. Civil Service Q Personnel Actions- Classified a i Council Member Shorett stated that he could not support any promotions at this time. 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 [5 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 °— AYES: Marquez, Jenkins, Kelley, Johnson, McCammack NAYS: John Valdivia ABSTAIN: Fred Shorett r E. Human Resources N Personnel Actions-Unclassified o v a Motion: Approve and ratify the unclassified personnel actions, as submitted by the c Director of Human Resources, in accordance with City policies and E procedures. v m RESULT: ADOPTED [UNANIMOUS] a MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley,Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack F. Public Works RES. 2012-56 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 17 5.A.a Joint Regular Meeting Minutes April 2, 2012 It was requested that staff look into lighting issues on 40`h Street between Sierra and Waterman; on Baseline, west of Medical Center Drive; and on Fifth Street across from Our Lady of Guadalupe Church,which would require an encroachment permit. 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 � N O N G. Public Works = RES. 2012-57 — Resolution of the Mayor and Common Council of the City of San a Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and N Northpark Boulevard and Approving the Filing of a Notice of Completion. P a Motion: Adopt Resolution. U C RESULT: ADOPTED [UNANIMOUS] 0 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,Johnson,McCamrrack x 6. Continued Items A. City Clerk Council Minutes (At meeting of March 19, 2012, item continued to April 2,2012.) X N City Attorney Penman stated that his office did not have an opportunity to review the o minutes;therefore,he requested that the item be continued to May 7,2012. N 0 v Motion: To continue the matter to May 7, 2012. ° c m RESULT: CONTINUED [UNANIMOUS] Next: 5/7/2012 1:30 PM E s MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 Q AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack ABSENT: John Valdivia i B. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group (At meeting of February 6, 2012, item continued to March 19, 2012; Item continued to April �j 2, 2012.) Mayor and Comman Council of the City of San Bernardino Page 7 ' Packet Pg. 18 S.A.a Joint Regular Meeting Minutes April 2, 2012 ® Public Comments: Robert Cravens, Code Enforcement Division employee, asked if the ad hoc committee could meet after 5:30 p.m. so staff could attend. Motion: To refer the item to the Code Enforcement Ad Hoc Committee and authorize the Director of Community Development to review recommendations of the Matrix Consulting Group's Management Study of the Code Enforcement Division with the committee and report back to the Mayor and Common Council with recommendations. RESULT: ADOPTED [UNANIMOUS] N MOVER: Chas A. Kelley, Council Member, Ward 5 N SECONDER: Wendy J. McCammack,Council Member, Ward 7 Q AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack a i v 5 7. Staff Reports U A. City Attorney 3 An Ordinance of the Mayor and Common Council of the City of San Bernardino 0 Amending Section 15.26.060 of the San Bernardino Municipal Code Regarding the Single-Family Rental Property Inspection Program. (FIRST READING) o Motion: Lay over Ordinance for final adoption. L RESULT: FIRST READING [UNANIMOUS] Next: 4/16/2012 1:30 PM m MOVER: Rikke Van Johnson, Council Member, Ward 6 d SECONDER: Virginia Marquez, Council Member,Ward 1 XI AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N 0 N B. City Manager o Federal Legislative Advocacy Update, Innovative Strategies (Federal Lobbyist) °o r Leticia White from Innovative Federal Strategies stated that legislative priorities for 2012 E included transit funding, funds for law enforcement programs, support for local businesses, energy efficient upgrades to City facilities and support for water recycling. a Public Comments: Jay Lindberg, former resident of the City of San Bernardino. Consensus Motion: Receive and file the report. Mayor and Common Coancil of the City of San Bernardino Page 8 PacketPg. 19 S.A.a Joint Regular Meeting Minutes April 2, 2012 C. City Manaser Oral Update on the Status of the Redevelopment Agency/Economic Development Agency Transition Consensus Motion: Receive and file. D. Community Development Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Electric Fences N Motion: Refer the matter to the Legislative Review Committee. N a RESULT: ADOPTED 16 TO 0] a MOVER: Chas A. Kelley, Council Member, Ward 5 N d SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson ABSTAIN: Wendy J. McCammack U 7 0 U E. Council Office Council Committee Assignments m Motion: Approve the recommended Council Committee assignments. 0 RESULT: ADOPTED [UNANIMOUS] 6 MOVER: Chas A. Kelley,Council Member, Ward 5 ,m SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack N 0 N F. Council Office 9 Payroll Voluntary Contribution Choice o c Motion: Request City Manager to direct the Finance Director to create a new E payroll line item whereby city employees may voluntarily donate to the San Bernardino Hometown Heroes Military Banner program and direct a the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack,Council Member, Ward 7 CAYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 20 S.A.a Joint Regular Meeting Minutes April 2, 2012 O G. Council Office Policy to Avoid Government by Surprise Motion: Refer to the Legislative Review Committee the request to draft a policy change to ensure that the Mayor, Common Council and the public receive all personnel action items in a timely and fully transparent manner to avoid"government by surprise"situations. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins,Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack N a Q H. Council Office RES. 2012-58 — Resolution of the Mayor and Common Council of the City of San Bernardino in Support of AB 1437 Budget Transparency, an Act to Add Section 9518 to the Government Code,Relating to the State Budget. — U C Motion: Adopt Resolution. 0 �n RESULT: ADOPTED [UNANIMOUS] i MOVER: John Valdivia, Council Member, Ward 3 — w SECONDER: Wendy J. McCammack, Council Member, Ward 7 0 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack m d 8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO REDEVELOPMENT N AGENCY N N O A. Civil Service o Personnel Actions - Classified (At Meeting of March 19, 2012, Item Continued to April 2, 2012.) E r v Motion: Approve the classified personnel actions pursuant to Civil Service Rule 502 (b), as submitted by the Chief Examiner, in accordance with Civil Q Service Rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency. Mayor and Common Coancil ojthe City of San Bernardino Page 10 5.A.a Joint Regular Meeting Minutes April 2, 2012 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 9. SAN BERNARDINO HOUSING AUTHORITY A. City Attorney RES. 2012-59 — Resolution of the Mayor and Common Council of the City of San N Bernardino Acting as Successor Housing Agency to the Redevelopment Agency of the N City of San Bernardino Authorizing the Execution of a Professional Services Agreement = with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire a Mobilehome Park Corporation, et al., v. City of San Bernardino, et al., San Bernardino w Superior Court Case No. CIVDS 1114110. c Public Comments: Scott Olson, San Bernardino, CA. 0 0 U Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 0 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack o d 10. Public Comments on Items Not on the Agenda = N Faizah Dean, San Bernardino, CA, President of Female Discrimination, a charitable N organization that organizes and develops projects to promote awareness of female o discrimination, stated that females do not need more welfare, but a secure future of just o employment and opportunity, better wages and health care. She also spoke about tax evasion and the IBEW Local Union#47. E r U Scott Olson, San Bernardino, CA, spoke about mobile home rent control issues and a announced that he is working on a Facebook page called "the San Bernardino Mobile Residents Group" for anyone who lives in a mobile home park to look for information. Jay Lindberg, former resident of the City of San Bernardino, spoke about the concept of solar energy as a means to put people to work and to save money on utility bills. Council Member McCammack stated that she would like to publicly get information out Cto businesses and homeowners regarding available funding opportunities. Mayor and Common Council of the City of San Bernardino Page 11 S.A.a Joint Regular Meeting Minutes April 2, 2012 O11. Adjournment At 8:34 p.m., the meeting adjourned to Tuesday, April 3, 2012 at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011/12 City budget. 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,April 16, 2012. GEORGEANN"GIGI" HANNA City Clerk N CL 0 N By Linda Sutherland Deputy City Clerk U C 0 it 0 U i © m R `m m d N O N N O V O C N E s V l6 Q Mayor and Common Council of the City of San Bernardino Page 12 Packet P9. 23 x �5 City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins '~ http://www.sbeity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack N O N .Q DRAFT MINUTES ¢ JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 U 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 rj AS THE HOUSING AUTHORITY TUESDAY,APRIL 3,2012 d ECONOMIC DEVELOPMENT AGENCY BOARD ROOM a The joint adjourned regular meeting was called to order by Mayor Moms at 5:09 p.m., Tuesday, N April 3, 2012, in the Economic Development Agency Board Room, 201 North "E" Street, San N Bernardino, CA. ? v 0 Call to Order E Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present =° Robert D. Jenkins Council Member, Ward 2 Present ¢ John Valdivia 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 Georgeann "Gigi" Hanna City Clerk Present James F. Penman City Attorney Present Patrick J. Morris Mayor Present Mayor and Common Coancil of the City of San Bernardino Pagel Packet Pg.24 S.A.b Joint Adjourned Regular Meeting Minutes April 3, 2012 1. Staff Reports A. City Mana¢er Mid-Year Budget Review for FY 2011-2012 City Manager Charles McNeely stated that this report was an informationalloverview item, and suggested that the Council not take action at this meeting, but consider the information, put the issue on the April 16, 2012 agenda for consideration or referral to Ways and Means and/or the Budget Ad Hoc Committee and provide staff direction at that point. N O N Former Finance Director Barbara Pachon gave an overview of the ongoing budget = challenges, including a mid-year budget deficit of $3.183 million, attributed to a $1.7 a a million lawsuit, $2.5 million in retirement/separation payouts and an increase in the City N Attorney's Office budget. :1 There was discussion about a deficit in the City's liability fund, and a need for it to be more robust. Mr. Penman advised the Council that the amount in the liability fund does not indicate the amount the City would be likely to pay in claims, but is an insurance 'o policy against them. He stated that the mid-year budget did not reflect an accurate U description of the amount the City would spend in the coming three months for existing or new claims. F Motion: For staff to report to the Council about creating two reserve funds: one for 2 the City overall and another fund to cover payoffs of vacation and sick time accruals. 6 3 m - v RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 a SECONDER: Wendy J. McCammack, Council Member, Ward 7 N AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack o N M O B. City Manaser 0 FY 2011-2012 Budget Balancing Measures E City Manager Charles McNeely discussed budget balancing measures, including keeping vacant positions within several departments vacant for the remaining three months of the a fiscal year, and strategic budget cuts from several departments that amount to a $2.625 million savings for FY 2011-12. Discussion ensued about the sources of the proposed cost cuts. Mr. McNeely said he would provide a complete list to the Council by April 4, 2012. C Motion: Refer the matter to the Budget Ad Hoc Committee for discussion and bring the matter back to the Council on April 16,2012. Mayor and Common Council of the City of San Bernardino Page 1 Packet' 5 S.A.b Joint Adjourned Regular Meeting Minutes April 3, 2012 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 2. CLOSED SESSION N 0 Pursuant to Government Code Section(s): N CL L ¢ A. Conference with legal counsel -existing litigation-pursuant to Government Code Section 54956.9(a). a 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. o 0 C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel-pursuant to Government Code Section 54957. 0 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. Ir F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 0 N G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. 0 c Assistant City Attorney Grider announced that the following items would be discussed in E closed session under Agenda Item No. 2F,conference with labor negotiator: General ¢ Middle Management Management/Confidential Fire Safety Fire Management Police Safety Police Management Mayor and Common Council of the City of San Bernardino Page 3 cket - 6 S.A.b Joint Adjourned Regular Meeting Minutes April 3, 2012 3. Staff Reports A. Citv Manaaer Budget Strategies Finance Director Jason Simpson discussed cost containment strategies and proposed revenue enhancements such as taxes and user fees, standardized lien processes, contracting services such as refuse and public safety, and providing services to other cities. There was discussion about the need for greater scrutiny of the contracts/purchase orders N under $25,000. Mr. Simpson stated that the New World Financial system makes that N easier, and can produce monthly reports of all the purchase orders written each month. a a Motion: Keep the level of contracts needing Council approval at $25,000 and N above, but require that the Council receive a monthly accounting of all the Y contracts and purchase orders for less than $25,000. 5 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett,Council Member, Ward 4 0 U SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 4. Public Comments o Roger Henderson, San Bernardino, CA, spoke about the need to keep City park services. d Tobin Brinker, San Bernardino, CA, spoke about the need for pension reform and v decried the lack of pension information in the agenda back-up material. a N Gary Walbourn, Colton, CA, spoke about the Council needing to make decisions that o would help businesses and create more jobs. M 0 v 0 5. Adjournment The meeting adjourned at 9:45 p.m. The next joint regular meeting is scheduled for 12 E p.m.,Monday,April 16,2012, for closed session, and 3 p.m. for open session. m GEORGEANN"GIGP'HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 27 N 5.A.c F� CITY OF SAN BERNARDIO DRAFT MINUTES FORTH E JOINT ADJOURNED 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 N SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY a a THURSDAY, APRIL 19, 2012 d 3:00 PM —CLOSED SESSION S u EDA BOARD ROOM • 201 NORTH"E"STREET SAN BERNARDINO,CA 92401 W W W.SBCITY.ORG c U u� ro Virginia Marquez Patrick J. Morris Wendy J. McCammack o` COU-NCILi41h.1IBER,WARD %N ARD i m Robert D.Jenkins Charles McNeely rn e l,VQ v • a John Valdivia r'7P �� James F. Penman N Fred Shorett '. Georgeann "Gigi" Hanna 0 0 CO C'N C1 L MEMBER,WAR 1)4 � � 1'1'f l"("I:I+ Chas Kelley David Kennedy t U CW W11 AT[31P,ER.WARD 5 �'�� CITY TREASURER �°• Rikke Van Johnson ' rb D IK a COUNCIL MEMBER,WARD 6 Packet Pg. 28 S.A.c Joint Adjourned Regular Meeting Minutes April 19, 2012 The joint adjourned regular meeting was called to order by Mayor Morris at 3:09 p.m.,Thursday, April 19, 2012, in the Economic Development Agency Board Room, 201 North "E" Street, San Bernardino,California. Roll Call Present: Mayor Morris; Council Members Marquez, Jenkins, Valdivia, Shorett, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Hanna. Absent: Council Member Kelley. Council Member Johnson arrived at 3:50 p.m. c N 1. CLOSED SESSION Q i Pursuant to Government Code Section(s): c A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a). c 0 B. Conference with legal counsel - anticipated litigation - significant exposure to 0 litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. V C. Conference with legal counsel - anticipated litigation - initiation of litigation - v pursuant to subdivision(c)of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. rn d E. Closed session with Chief of Police on matters posing a threat to the security of v public buildings or threat to the public's right of access to public services or a public facilities-pursuant to Government Code Section 54957. N 0 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 0 General Unit m Mid-Management Unit z Management/Confidential Unit Fire Safety Unit a Fire Management Unit Police Safety Unit Police Management Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 , S.A.c Joint Adjourned Regular Meeting Minutes April 19, 2012 C 2. Community Development RES. 2012-70 Resolution of the Mayor and Common Council of the City of San Bernardino Approving Development Agreement No. 12-01 Regarding the 404-Acre University Hills Development to Implement the University Hills Specific Plan, Generally Located Northwest of the California State University at San Bernardino Campus Between the Northern Termini of Campus Parkway and Little Mountain Road; and Approving the Notice of Expiration of Development Agreement No. 91-03. (At the meeting of April 16,2012,item continued to April 19,2012.) Public Comments: N John Snell, San Bernardino, CA; N Bob Gardner, San Bernardino, CA. a a Council Member McCammack made a motion, seconded by Council Member Valdivia, N to waive full reading; and adopt the resolution. The motion carried and Resolution No. 2012-70 was adopted with Kelley and Johnson absent. 3. ADJOURNMENT The meeting adjourned at 4:40 p.m. The next joint regular meeting of the Mayor and 'o 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, May 7, 2012. GEORGEANN "GIGP'HANNA City Clerk ° R 3 d By Linda Sutherland a Deputy City Clerk N a N a) C O C d E L U a Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 30 City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members c Virginia Marquez � ° San Bernardino, CA 92418 Robert D.Jenkins z http://www.sbcity.org John Valdivia co Fred Shorett GNp£D 1114 v Chas A. Kelley Rikke Van Johnson Wendy McCammack N O N DRAFT MINUTES Q a JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL 0 OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING — U AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY ul AND rni MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING w AS THE HOUSING AUTHORITY o MONDAY,APRIL 16, 2012 COUNCIL CHAMBERS The joint regular meeting was called to order by Mayor Patrick J. Moms at 12 noon, Monday, N April 16, 2012, in the Economic Development Agency Boardroom, 201 North "E" Street, San N Bernardino, CA. 0 Call to Order d Attendee Name Title Status Arrived E z Virginia Marquez Council Member, Ward 1 Present m Robert D. Jenkins Council Member, Ward 2 Present John Valdivia 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 Georgeann "Gigi" Hanna City Clerk Present James F. Penman City Attorney Present Patrick J. Morris Mayor Present Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 31 S.A.d Joint Regular Meeting Minutes April 16, 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). Monica Ballard, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CV 10-02769; Patricia Carson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 912104; N r San Bernardino City Professional Fireflkhters, Local 891 v. City of San Bernardino, et N al. - San Bernardino Superior Court, Case No. CIVDS 1007708; c CL Q San Bernardino City Professional Firefighters. Local 891 WERB) v. City of San Bernardino, et al. -Unfair Practice Charge#LA-CE-714-M; 3 C San Bernardino City Professional Firefghters, Brian Crowell and Byron Kuhn v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967; v U Sinh v. City of San Bernardino - Case No. CIVDS 1003080 (consolidated with Case No. 0 CIVDS 1003219); 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: t First American Title Insurance Company v. City of San Bernardino 0 C. Conference with legal counsel - anticipated litigation - initiation of litigation -pursuant to subdivision(c) of Government Code Section 54956.9. v D. Closed Session-personnel -pursuant to Government Code Section 54957: N General Unit N Mid-Management Unit Management/Confidential Unit o Fire Safety Unit Police Safety Unit E Police Management Unit v m E. Closed session with Chief of Police on matters posing a threat to the security of public Q 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. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 32 S.A.d Joint Regular Meeting Minutes April 16, 2012 Moment of Silence A moment of silence was observed in memory of Lou Yeager and Raymond Negrete. Invocation/Pledge of Allegiance The invocation was given by Draymond Crawford, a City employee from the Public Works Department. The pledge of allegiance was led by Eduardo Mondragon, a fifth grade student at Vermont Elementary School. 2. Appointments A. Mayor's Office iz Appointment of Christopher Crosson to the Parks & Recreation Commission - Council N Member Valdivia — a Council Member Valdivia made a motion, seconded by Council Member Shorett, to approve the appointment of Christopher Crosson to the Parks & Recreation Commission y as requested by Council Member Valdivia. The motion carried unanimously. B. Mayor's Office Appointment of John H. Walters to the Board of Police Commissioners - Council o Member Valdivia U N Council Member Valdivia made a motion, seconded by Council Member Marquez, to approve the appointment of John H. Walters to the Board of Police Commissioners as r requested by Council Member Valdivia. The motion carried unanimously. m C. Mayor's Office ° Appointment of Frederick Grochulski to the Planning Commission - Council Member Valdivia rn v Council Member Valdivia made a motion, seconded by Council Member Jenkins, to approve the appointment of Frederick Grochulski to the Planning Commission as c requested by Council Member Valdivia. The motion carried unanimously. N ° 3. Presentations ° v A. Service Pins Awards Ceremony t U A The following individuals were presented a service pin award by Mayor Morris in a recognition of their many years of dedicated service to the City: Name Department Years of Service Patrick Burton Fire 10 Jeanette Lucas Fire 10 Ambrose Kamara Human Resources 5 Jason Suarez Information Technology 20 Janice Conway Library 35 Edward Erjavek Library 15 Rashawd Cobbs Police 5 Mayor and Common Cowcil of the City of San Bernardino Page 3 PacketPg. 33 Joint Regular Meeting Minutes April 16, 2012 Jill Fonzi Police 15 Tina Martinez Police 15 William Porch Police 5 James Voss Police 35 Monica Bentley Public Works 5 Alfred Perez Public Works 5 Deborah Serafin Public Works 15 B. Student of the Month Council Member McCammack presented the Student of the Month award to Andrea Swanson, a senior at San Gorgonio High School. N 0 C. Chamber of Commerce Announcements N Chamber of Commerce announcements were presented by Jim Gerstenslager. C D. First Quarter Employee Recognition Awards The following individuals were awarded First Quarter Employee Recognition Awards by Mayor Moms: Janice Munoz Gerald Castle c0 in 4. Announcements Announcements were made by the Mayor,members of the Common Council, and elected officials regarding various civic/community events and activities. ^i w 5. Consent Calendar o R A. City Clerk Waive Full Reading of Resolutions and Ordinances Council Member Shorett made a motion, seconded by Council Member Marquez to N waive full reading of resolutions and ordinances on the regular agenda of the Mayor and N Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, dated April 16, 2012. The motion carried unanimously. o B. City Attorney d ORD. MC-1372 - Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 15.26.060 of the San Bernardino Municipal Code 2 Regarding Single Family Residential Inspection Program. (FINAL READING) a Council Member Shorett made a motion, seconded by Council Member Marquez to adopt the Ordinance. Ordinance No.MC-1372 was adopted unanimously. C. City Clerk Council Minutes [ Council Member Valdivia stated that he would like to see more detail in the minutes. Mayor and Common Council ofthe City of San Bernardino Page 4 PacketPg. 34 5.A.d Joint Regular Meeting Minutes April 16, 2012 © City Clerk Hanna stated that the minutes were being prepared in accordance with the current Department Directive Letter—DDL-68. City Attorney Penman advised that the City Clerk was an elected official and, therefore, was not required to follow DDL-68. Council Member Valdivia made a motion, seconded by Council Member Kelley to continue the approval of the minutes to May 7, 2012. The motion carried unanimously. D. Civil Service N Personnel Actions–Classified o N Council Member McCammack stated that she did not like the verbiage approve and C ratify. N r Council Member McCammack made a motion, seconded by Council Member Jenkins, to 'c approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. The motion carried with Valdivia 'o voting"no" and Shorett abstaining. U) UI E. Public Works RES. 2012-62 - Resolution of the Mayor and Common Council of the City of San s Bernardino Declaring that 11th Street is a through Highway between Medical Center Drive and Mt. Vernon Avenue, except at Western Avenue. o` Council Member Marquez made a motion, seconded by Council Member McCammack to adopt the Resolution. Resolution No.2012-62 was adopted unanimously. d F. Public Works RES. 2012-63 - Resolution of the Mayor and Common Council of the City of San N Bernardino Awarding a Contract to Nikola Corporation for Sewer Improvements on"H" N Street and the Adjacent Alleys between 17th Street and Highland Avenue, per Plan No. 12621 (SW 11-002). c Council Member Jenkins made a motion, seconded by Council Member Valdivia to adopt E the Resolution. Resolution No. 2012-63 was adopted unanimously. a Subsequently, it was noted that a public speaker slip had been submitted. Council Member Shorett made a motion, seconded by Council Member Valdivia, to reconsider the matter. The motion carried unanimously. Public Comments: Draymond Crawford, San Bernardino, CA. CCouncil Member Jenkins made a motion, seconded by Council Member Valdivia to adopt the Resolution. Resolution No. 2012-63 was adopted unanimously. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 35 Joint Regular Meeting Minutes April 16, 2012 G. Public Works C RES. 2012-64 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Public Works to Execute Right of Way Certification Forms for Federal-Aid Projects. Council Member McCammack stated that if this item had anything to do with the sbX bus, she was going on record as not supporting any kind of condemnation. She added that she could not support a document that holds another agency harmless. Acting Public Works Director Eisenbeisz answered that this resolution is not for that N purpose,that it is not related to the sbX, and that the form is a standard Caltrans form. o N Council Member Shorett made a motion, seconded by Council Member Marquez, to a adopt the Resolution. Resolution No.2012-64 was adopted unanimously. N N H. Public Works 'c RES. 2012-65 - Resolution Authorizing Execution of Amendment No. 5 to Professional Services Agreement with AECOM Technical Services, Inc. to Provide Engineering Services for the Design of Old Waterman Canyon Bridge Repair(SS07-14). o U Council Member McCammack stated that she would abstain because AECOM is a business client and left the Council Chambers, returning after the vote was taken. Council Member Shorett made a motion, seconded by Council Member Valdivia, to adopt the Resolution. Resolution No. 2012 was adopted with McCammack m abstaining. `m I. Public Works m RES. 2012-66 - Resolution of the Mayor and Common Council of the City of San rr Bernardino Awarding a Contract to Hillcrest Contracting, Corona, California, for Pavement Rehabilitation on Five City Streets at "K" Street, Oak Street to Rialto Avenue N (SS11-011); Evans Street, Western Avenue to Mt. Vernon Avenue (SS12-017); 15th N Street, Western Avenue to Mt. Vernon Avenue (SS12-016); Magnolia Avenue, Western Avenue to Mt. Vernon Avenue (SS12-005); and Medical Center Drive, Home Street to 0 16th Street(SS 11-003). d E Council Member McCammack stated that she would like to see all bids go through the Chamber of Commerce. a Council Member Valdivia made a motion, seconded by Council Member Johnson, to adopt the Resolution; and authorize the Director of Finance to amend the FY 2011-12 Budget to allocate $612,100.06 from Proposition 1B Local Streets and Roads Funds (Fund 258) to Project No. SS 12-017, "Evans Street Pavement Rehabilitation, from Western Avenue to Mt. Vernon Avenue." The motion carried and Resolution No. 2012-66 was adopted unanimously. Mayor and Common Council of the City of San Bernardino Page 6 PacketPg. 36 5.A.d Joint Regular Meeting Minutes April 16, 2012 6. COMMITTEE CONSENT A. Police RES. 2012-67 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the Amount of $251,311.90 and Authorizing the Police Department to Accept and Administer the Grant. Council Member Valdivia made a motion, seconded by Council Member McCammack to adopt the Resolution. Resolution No. 2012-67 was adopted unanimously. N 0 B. Police N L RES. 2012-68 - Resolution of the Mayor and Common Council of the City of San c a Bernardino Ratifying the Submittal of an Application for a Sobriety Checkpoint Grant from the State of California Office of Traffic Safety(OTS) in the Amount of$166,266.64 d and Authorizing the Police Department to Accept and Administer the Grant. c' Council Member Valdivia made a motion, seconded by Council Member Shorett, to adopt the Resolution. Resolution No. 2012-68 was adopted unanimously. o U C. Public Works RES. 2012-69 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of the Waste Tire Enforcement Grant Funds and t Ratifying the Application from the California Department of Resources Recycling and ° Recovery(CalRecycle). 0 Public Comments: Draymond Crawford, San Bernardino, CA. m d Council Member Shorett made a motion, seconded by Council Member Johnson, to adopt the Resolution. Resolution No.2012-69 was adopted unanimously. N 0 N 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. o c A. Community Development RES. 2012-60 - Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the National Orange Show Industrial Project, Adopting the Facts, Findings and Statement of Overriding a Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Approving General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04. Mayor Morris opened the hearing. CNo public comments were received. Mayor and Common Council ofthe City of San Bernardino Page 7 S.A.d Joint Regular Meeting Minutes April 16, 2012 Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to Timothy © Reeves that he would provide true and honest testimony. Reeves, on behalf of Lewis Group of Companies —the applicant, spoke about how the copany will address air quality issues. Council Member McCammack made a motion, seconded by Council Member Shorett, to close the hearing and adopt the Resolution. The motion carried and Resolution No. 2012-60 was adopted unanimously. B. Community Development N RES. 2012-61 - A Resolution of the Mayor and Common Council of the City of San o Bernardino Adopting the Mitigated Negative Declaration and the Mitigation N Monitoring(Reporting Program, Adopting General Plan Amendment No. 12-02 to a a Change the Split Land Use Designation from Office Industrial Park (Oip) and Industrial i Light (I1)to Industrial Light(I1) on Approximately 14.52 Acres, and Approving Tentative d Parcel Map No. 19369 (Subdivision No. 12-01) to Merge 13 Parcels into One, 14.52- Acre Parcel, and Development Permit 2 No. 12-02 to Construct a 345,802-Square Foot Warehouse Located on the East Side of Waterman Avenue, Approximately 300 Feet c South of Mill Street. 0 U Mayor Morris opened the hearing. A memo was distributed to the Mayor and Common Council rn i Council Member McCammack made a motion, seconded by Council Member Marquez, m to close the hearing and adopt the Resolution. The motion carried and Resolution No. o 2012-61 was adopted unanimously. m C. Community Development Resolution Approving a Development Agreement Regarding the 404-Acre University Hills Development to Implement the University Hills Specific Plan, Generally Located N Northwest of the California State University at San Bernardino Campus Between the N Northern Termini of Campus Parkway and Little Mountain Road. v 0 Mayor Morris opened the hearing. c m E Council Member Johnson made a motion, seconded by Council Member Valdivia, to continue the matter to May 7,2012. (Motion was subsequently amended.) Q Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following that he would provide true and honest testimony: John Snell of Inland Communities, applicant, stated that he did not know what the problem was and distributed a copy of an email from the University regarding the University entering their property. CCouncil Member Kelley made a motion, seconded by Council Member Valdivia, to adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 38 Joint Regular Meeting Minutes April 16, 2012 O Henry Empeno, Deputy City Attorney, advised the Council that there was no development agreement before them today for approval, and that the public had not been given access to the document. There was a consensus of the Council that action needed to be taken on this matter sooner than later. Council Member Johnson amended his motion, seconded by Council Member Valdivia, to continue the matter to 3 p.m., Thursday, April 19; and that staff provide the Mayor and Council with the pertinent documents prior to that time. The motion carried N unanimously. o N 8. STAFF REPORTS i A. City Mana¢er d Resolution of the Mayor and Common Council of the City of San Bernardino Approving 'c the FY 11-12 Mid-Year Budget Balancing Strategies. U C Approved o Motion: Refer the matter to the Budget Ad Hoc Committee for discussion at its U next meeting and bring back to the full Council on May 7, 2012. L B. City ManaEer ° Discuss and Take Possible Action Regarding the Wind Down of the Former Redevelopment Agency and Approve the Final Form of the Recognized Obligation o Payment Schedule (ROPS) R rn Andrea Travis-Miller stated that this was just a status report—that the Council would be rr given documents to read and then come back in May. N No Action Taken N Motion: Approve the Recognized Obligation Payment Schedule (ROPS) for the period of February 1,2012 -June 30, 2012; and direct the City Manager to 0 present an updated report in May 2012. d E L U C. Council Office a Legislative Review Committee Pending Items [Ward(s): All] Approved Motion: To refer these pending items back to the Legislative Review Committee, except for the taxicab issue, which will be considered by an ad hoc committee formed specifically for that purpose? Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 39 5.A.d Joint Regular Meeting Minutes April 16, 2012 E 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA ���rrrsrvr Draymond Crawford, San Bernardino, CA, spoke about the benefits that the refuse department brings to city, stating that selling the refuse operation is a quick-fix that shows a lack of leadership. Betty Jean Long, San Bernardino, CA, stated that seniors are being scammed and taken advantage of Shirley Harlan, San Bernardino, CA, stated that the 011ie McDonald Senior Showcase N would be broadcast on the public access channel on May 15 and 17 at 6 p.m. DVDs are o also available at a cost of$10.80 by calling 384-5430, with funds benetting the senior N f center. a i Hayward Jackson, spoke about biblical figures and read from the Old Testament. d 5 c Tammy Martin Ryles, San Bernardino, CA, President of the Southern California Black Chamber of Commerce Inland Cities East, spoke regarding accountability with respect to the budget, and the fact that there is no room for special interests in the budget o discussions. 0 Roxanne Williams, Grand Terrace, CA, stated that the Council must decide that failure is not an option—that San Bernardino was once a great American City and it can be a s great American City again. ° w m Walter Hawkins, representing the San Bernardino NAACP and the Westside Action o Group, stated that they would like to see San Bernardino return to being an All American City, but it will be impossible to do that unless the Council changes its approach. He 'o stated that Safety has to be on the table. Charles Greenwood, City refuse employee, questioned why the City would even consider selling the refuse operation, when everyone knows they are not the problem. N Refuse took the 10 percent cut so they could continue working and they work just as hard as Fire. o c Cameron Rawls, City refuse employee, spoke regarding the division on the Council, that E change has to start with the decision makers, and against selling the refuse operation. m David McCammack, San Bernardino, CA, thanked Council members Johnson, Marquez a and McCammack for the banners of military personnel displayed in the Council Chambers, the veteran's garden at 2517 Pacific Avenue, and the golf tournament on Saturday to benefit the veterans. Kay Watson, San Bernardino, CA, spoke about employee sacrifices made throughout the City, and asked whether any money was cut from the City Attorney's office budget? CJames Smith, San Bernardino, CA, congratulated Robert Eisenbeisz; commented on a phenomenal Beautification Day and the Save Our Parks $1 donation program at Stater Mayor and Common Council ofthe City of San Bernardino Page 10 5.A.d Joint Regular Meeting Minutes April 16, 2012 Bros. markets. He spoke about the positive things happening in San Bernardino such as the new Regal movie theater, the restaurants, the transit center—that it is about working together to make it a great city; and complimented City Manager McNeely. City Attorney Penman apprised the Council of monies received through Administrative Civil Penalties and from a national title company. 12. ADJOURNMENT At 10:00 p.m., the meeting adjourned to Thursday, April 19, 2012, at 3:00 p.m. in the Economic Development Agency Boardroom for Closed Session and discussion of Agenda Item No. 7C. The next joint regular meeting of the Mayor and Common Council and the N 0 Mayor and Common Council Acting as the Successor Agency to the Redevelopment N Agency is scheduled for 1:30 p.m.,Monday,May 7,2012. c a GEORGEANN "GIGI"HANNA r City Clerk By o Linda E. Hartzel Deputy City Clerk C L rn w 0 R d tY N O N aJ a O r d t U N Q Mayor and Common Council of the City of San Bernardino Page 11