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HomeMy WebLinkAbout08.A- City Clerk DOC ID: 1988 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 10/01/2012 Prepared by: Georgeann"Gigi" Hanna, Dept: City Clerk Review Ward(s): N/A Subject: Council Minutes of March 5, 2012 and March 19, 2012 (At Meeting of August 6, 2012, Item Continued to October 1, 2012.) Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of March 5, 2012, and March 19, 2012, as submitted. Supportlnp Documents: 03-05-2012 Reg. Meeting—approved_.gh (PDF) 03-19-2012 Jt Regular_approved_gh (PDF) i 1 i 1 i l j V 1 Updated:9/17/2012 by Linda Sutherland � MARCH 5 , 2012 � � MINUTES � � JT . REGULAR � � (APPROVED ) � Mayor Patrick J.Morris CITY OF SAN BERNARDINO Council Members: Virginia Marquez 300 N. "D" Street Robert D.Jenkins Mkrnar San Bernardino, CA 92418 John Valdivia Fred Shorett Website: www.sbcity.org Chas Kelley RikkeVan Johnson Wendy McCammack N 0 N L U MINUTES MAYOR AND COMMON COUNCIL 01 AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY E TO THE REDEVELOPMENT AGENCY c 3 O JOINT REGULAR MEETING MARCH 5,2012 COUNCIL CHAMBERS t The joint regular meeting of the Mayor and Common Council and the Mayor and �.. Common Council Acting as the Successor Agency to the Redevelopment Agency of the o City of San Bernardino was called to order by Mayor Morris at 3:00 p.m., Monday, a March 5, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San ml Bernardino, California. d Roll Call Present: Mayor Moms; Council Members Marquez, Jenkins, Shorett, Kelley, m d Johnson, McCammack; City Attorney Penman; City Manager McNeely; N City Clerk Clark. 0 N N Absent: None. ° M O Following the inaugural reception, newly-elected Council Member Valdivia took his r seat at the dais and newly elected City Clerk Hanna replaced City Clerk Clark. E .c U 1. Closed Session a Pursuant to Government Code Section(s): A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): 1 03/05/2012 Glen Aire Mobilehome Park Corporation, Pacific Palms Mobilehome Park Corporation Friendly Village Mobilehome Park Corporation Orangewood Mobilehome Park Corporation and California Mobilehome Park Corporation v. City of San Bernardino. City of San Bernardino Mobile Home Rent Board, City of San Bernardino Economic Development Agency, City of San Bernardino Officer, Donald P. Cole - San Bernardino Superior Court, Case No. CIVDS 1114110; N Lisa Matus, individually and as Guardian ad litem for Rachel Matus, Raymond N Matus and Lisa Marie Matus, minors: and Richard Matus v. City of San Bernardino, San Bernardino Police Department - San Bernardino Superior Court, Case No. CIVDS 1201235. N d B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: C 7 O 03/05/12 Agenda item/Doc Id# 1577 CO C. Conference with legal counsel — anticipated litigation — significant exposure to litigation — pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code c © Section 54956.9. d D. Closed Session—personnel—pursuant to Government Code Section 54957. a CL m 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. m F. Conference with labor negotiator — pursuant to Government Code Section W 54957.6. N 0 N G. Conference with real property negotiator—pursuant to Government Code Section o 54956.8. o c City Attorney Penman announced that the following case would be discussed in closed E session under Agenda Item IA, existing litigation: m Brian Boom and San Bernardino Police Management Association, et al. v. City of a San Bernardino, et al.—San Bernardino County Superior Court, Case No. CIVDS 1017219. 2 03/05/2012 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Invocation/Pledge of Allegiance The invocation was given by Sister Maura Redington from Our Lady of the Assumption Church. The pledge of allegiance was led by Katie Kelley and Shelby Kelley, students at N Kendall Elementary School. N s U Inaugural Ceremony and Reception i 2. Appointments d There were no commission appointments. 'c 3. Proclamations & Presentations U Council Member Kelley presented a proclamation to the San Bernardino City o Professional Firefighters Local 891 Pipe & Drums declaring the month of March U 2012 as Irish American Month in the City of San Bernardino. t0 4. Announcements s Announcements were made by the Mayor, members of the Common Council, vI elected officials, and a representative from the Chamber of Commerce regarding ; various civic, community, and chamber events and activities. o a 5. CONSENT CALENDAR o C Z A. Waive Full Reading of Resolutions and Ordinances Council Member Shorett made a motion, seconded by Council Member Marquez, to waive full reading of the resolutions and ordinances on the regular agenda of N the Mayor and Common Council and the Mayor and Common Council Acting as N the Successor Agency to the Redevelopment Agency dated March 5, 2012. The o motion carried with Valdivia voting"no." o c B. Personnel Actions-Classified d E s U Council Member Shorett stated that he was not comfortable making any hiring a decisions when it is unclear where they are insofar as the budget is concerned. He stated he would not be supporting the hiring of anybody for a long time. Council Member McCammack made a motion, seconded by Council Member Marquez, to approve and ratify the classified personnel actions, as submitted by the Chief Examiner in accordance with Civil Service rules and Personnel policies 3 03/05/2012 adopted by the Mayor and Common Council of the City of San Bernardino. The motion carried with Shorett voting"no." C. Personnel Actions—Unclassified Council Member McCammack made a motion, seconded by Council Member Valdivia, to remove Personnel Action #1 from the list of unclassified personnel actions. The motion carried unanimously. N Council Member Shorett made a motion, seconded by Council Member Marquez, N to approve and ratify unclassified Personnel Action #2, as submitted by the Director of Human Resources, in accordance with City and Community Development Commission policies and procedures. The motion carried with 2 i Valdivia voting"no." m c D. Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 2 to the Services U Agreement for Parking Citation Processing Services with Phoenix Group c Information Systems. m Go Council Member McCammack made a motion, seconded by Council Member Valdivia,to table. The motion carried unanimously. rn v E. RES. 2012-35 —Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Reject Bid F-12-04 for c Police Uniforms. m r Council Member Valdivia made a motion, seconded by Council Member Johnson, to Adopt Resolution. Resolution No. 2012-35 was adopted unanimously. m d� F. RE S. 2012-36— Resolution of the Mayor and Common Council of the City of W San Bernardino Awarding a Contract to Lighting Technology Services, Inc. for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym N Central Library, and Central Police Station. o M O Concern was expressed that possibly more effort needed to be made by staff relative to finding and hiring local contractors. E t v Council Member Kelley made a motion, seconded by Council Member Shorett, to M Adopt Resolution. Resolution No. 2012-36 was adopted with Valdivia and a McCammack voting "no." 4 03/05/2012 Packetpg.226 6. COMMITTEE CONSENT A. An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 15.28 of the San Bernardino Municipal Code Regarding the Single-Family Rental Property Inspection Program (FIRST READING) Council Member McCammack made a motion, seconded by Council Member Marquez, to lay over Ordinance for final adoption. The motion carried N unanimously. N t B. Approval of Landscape Maintenance Reorganization Plan - Parks, Recreation and Community Services d Council Member Kelley made a motion, seconded by Council Member Shorett,to 'c approve the Ways and Means Committee's recommendation to direct staff to initiate the Bid Process as part of the LMD Reorganization Plan, which via Option A, would return the City's LMD maintenance to contract services and the pre- 0 2009 staffing levels. U Council Member Valdivia made a motion to continue the matter for two weeks. The motion failed for lack of a second. s rn Council Member Valdivia requested staff to provide him with a parks per space land by ward—a grid of each ward and exact area of parkland per ward. He also o. requested a Parks and Recreation Master Plan. C i m Public Comments: Paul Flores, International Union of Operating Engineers Business Representative for the General Unit Employees of the City of San Bernardino, cautioned the City a Council on contracting out jobs. N r Carla Velarde, a City parks employee, stated that the parks employees need to be ry° back in the parks. o M 0 Joe Arnett, San Bernardino, CA, mentioned the elimination of the contract for graffiti abatement in order to bring the work back in-house, and said the Council E now appears to be speaking out of both sides of their mouth by wanting to u contract out this work. a Council Member Kelley's motion, seconded by Council Member Shorett, carried unanimously. 5 03/05/2012 7. PUBLIC HEARINGS A. 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 February 6, 2012.) N 0 N The hearing remained open. m Mayor Morris stated that staff had requested a continuance to May 7, 2012. N d Council Member McCammack stated that because Omnitrans is mentioned in the c' item documents and is also one of her business clients, she would need to abstain. U C Council Member Valdivia stated that this matter does impact the Third Ward o residents with the sbX plan, and he is displeased with the contact from Omnitrans and this sbX plan. 00 m Council Member Shorett made a motion, seconded by Council Member Kelley, to s continue the matter to May 7, 2012. The motion carried unanimously, v d 8. STAFF REPORTS ° CL a A. Budget Amendment Restoring $939,100 to the City Attorney's Office's FY a 2011/2012 Budget d City Attorney Penman submitted a memorandum addressed to the Mayor and 6) Common Council dated March 1, 2012, regarding Restoration of City Attorney Budget for FY 2011-2012. 0 N Council Member Johnson stated that this matter has been discussed many times in o the past and for consistency he would be voting"no." o c Council Member McCammack made a motion, seconded by Council Member E Kelley, to direct the City Manager to restore $939,100 to the City Attorney's Office's budget for FY 2011/2012 and direct him to notify the Mayor and a Common Council as to the source used. The motion carried with Johnson voting"no." 6 03/05/2012 B. Request to Reestablish the Position of Paralegal in the City Attorney's Office Council Member Jenkins made a motion, seconded by Council Member McCammack, to refer the request to reestablish the position of Paralegal in the City Attorney's office to the Personnel Committee. The motion carried unanimously. C. PowerPoint Presentation and Update on Beautification Clean-up Event N Scheduled for April 14,2012 N t Council Member Johnson made a motion, seconded by Council Member McCammack to continue the matter to April 2, 2012. The motion carried unanimously. d r c D. RES. 2012-37 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with the Patrons of the Roosevelt Bowl for the Provision of Support Services o for Market Night at Perris Hill Park and Ratifying Any Action Taken Between April 17, 2010 and the Date that This Resolution is Adopted. rn Council Member Kelley made a motion, seconded by Council Member Jenkins,to s Adopt Resolution. Resolution No. 2012-37 was adopted unanimously. d E. RES. 2012-38 - Resolution of the Mayor and Common Council of the City of ° c San Bernardino Authorizing the Issuance of a Purchase Order to Nextel @ Communications for Mobile Cellular Services. o C Council Member McCammack stated that she is a vendor of Nextel and she would abstain on this matter. She left the Council Chambers and returned after the vote was taken. N Council Member Kelley made a motion, seconded by Council Member Shorett,to N Adopt Resolution. Resolution No. 2012-38 was adopted with McCammack o abstaining. o r 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR E AGENCY TO THE REDEVELOPMENT AGENCY A. Personnel Actions -Classified a City Attorney Penman advised that the words Economic Development Agency in the motion, should be changed to Redevelopment Agency. Council Member Kelley made a motion, seconded by Council Member Shorett,to approve the classified personnel actions pursuant to Civil Service Rule 502(b), as 7 03/05/2012 X229..: 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 Acting as the Successor Agency of the Redevelopment Agency. The motion carried unanimously. 10. PUBLIC COMMENTS Samantha Sudak, a child welfare social work student at Cal State San Bernardino, stated that they had conducted a needs assessment survey in the Sixth N Ward and found intersections that are unsafe for children going to school. When N they spoke with City Engineer Eisenbeisz through email he stated that an investigation had been requested by a citizen and there appeared to be a dire need R for stop signs at two, four-way intersections-11`h Street at N. Tia Juana and l lch Street at Ramona. She stated that this matter will be brought before the Council in the near future. Sophie Montez, California State University San Bernardino, School of Social Work, stated that at Howard and Graham Elementary School, 19d' and California o Street, they found several high-speed drivers. She stated that the area needs traffic speed bumps and they want to discuss it with the Public Works Department and would like the community to also be involved. L Jesse Valenzuela, of Congressman Baca's office, congratulated the new and co I reelected City officers and sent Certificates of Recognition for outgoing "> Councilman Brinker and City Clerk Clark. He also announced a Women's Health a Conference taking place March 15 in the Community Room at the Ontario Police C Department, 2500 Archibald Avenue, and the Annual Congressional Art o Competition taking place on March 16 at the City of Ontario Museum of History and Art, 225 S. Euclid Avenue in Ontario. s Paul Sanborn, San Bernardino, CA, stated that he hoped the City doesn't alleviate the 5,000 square foot rule regarding fire sprinklers, and spoke regarding fire and police safety. N O Myra Lopez, Hesperia, CA, social work student at California State University o San Bernardino, stated that the Fifth Street Senior Center is not meeting its full potential and noted several deficiencies. She asked the Council to take a more E active role in advocating for the seniors at the Fifth Street center. m Hans Vandertouw, San Bernardino, CA spoke regarding crime, social ills, and a the economic conditions that currently exist in San Bernardino. 8 03/05/2012 Packet'Pg.230" Margie Arnett, San Bernardino, CA, advocated on behalf of being "healthy" and announced two upcoming events: the Shamrock and Roll 5K run/walk on Saturday at Cal State San Bernardino on behalf of child abuse prevention; and the Mayor's Run the Route on May 20. Judi Penman, San Bernardino Chamber of Commerce, stated that if people want to bring money into the city they must support local businesses. N 11. ADJOURNMENT o The meeting adjourned at 8:15 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, March 19, 2012. d 5 c GEORGEANN"GIGI"HANNA City Clerk 0 m By: Linda E. Hartzel t Deputy City Clerk v 0 CL a @ i rn c d sr m N O N O M O C d E t U a C 9 03/05/2012 Packet Pg. 231 � MARCH 19 , 2012 � MINUTES � � JT . REGULAR � � (APPROVED ) � �7 �7 �j �7 8.A.b CITY OF SAAB B E]f�A�ARJI_ INO DRAFT MINUTES FORTHE JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MONDAY, MARCH 19, 2012 0 1:30 PM—CLOSED SESSION `" s 3:00 PM—OPEN SESSION I COUNCIL CHAMBERS 300 NORTH"D" STREET • SAN BERNARDINO,CA 92418 W W W.SBCITY.ORG .dy. C_ U Virginia Marquez Patrick J. Morris Wendy McCammack 0 U COT-'\CIL MEMBER,WARD M\V012 CUi SC71 A3 L1I3I3R.WARD? .• Go Robert D.Jenkins �� N b! Charles McNeely COi'�C1 I.MEMBER,WARD 2 MQ CII' M:AS.1G E}a. I John Valdivia �Q �9 James F. Penman 0 COL''NCIL MEMBER,WARD 3 0 �:1 .� CTTF ATTOR\"BS' C �I Fred Shorett Georgeann "Gigi" Hanna `m COUNCIL MEMBER,WARD 4 J CITY CLERK Chas Kelley •� David Kennedy Z5 N COUNCIL MEMBER,WARD 5 � �'`O CITY TREASURER N Rikke Van Johnson ED I M 0 COUNCIL MEMBER,WARD 6 C d E The joint regular meeting of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency was called to order by Mayor Morris at 1:38 p.m., Monday, March 19, 2012, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. Roll Call Present: Mayor Morris; Council Members Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Roth; Assistant City Manager Travis-Miller; City Clerk Hanna. Absent: None. Packet Pg.232 8.A.b Joint Regular Meeting Minutes March 19, 2012 3 1. CLOSED SESSION 3 i A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jamora Allen, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 805915; Michael Wade v. City of San Bernardino, Adam Affrunti and Does 1-10. inclusive. - USDC, Central District of California, Case No. CV l 1-9831 GHK(SPx); N 0 N Yvonne Barnes. et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 807102 (Consolidated with Case No. CIVDS 908096); i Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District `0, Court,Case No. EDCV 07-01027 SGL(Opx); Garrett Zimmon v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 906555; o 0 Brian Boom and the San Bernardino Police Management Association v. City of San 00 Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1017219. 0) r B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - CD I pursuant to subdivision(b) (1), (2), (3) (A-F) of Government Code Section 54956.9. 0 CL C. Conference with legal counsel - anticipated litigation- initiation of litigation- pursuant to m subdivision(c) of Government Code Section 54956.9. `m rn 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 o buildings or threat to the public's right of access to public services or public facilities - N pursuant to Government Code Section 54957. M 0 F. Conference with labor negotiator-pursuant to Government Code Section 54957.6. d E G. Conference with real property negotiator - pursuant to Government Code Section s U A 54956.8. a Senior Assistant City Attorney Roth announced a new court and case number in the case of Jamora Allen, et al. v. City of San Bernardino, et al. —United States District Court, Case No. 09- 1388 JLQ (JCx). Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 233 8.A.b Joint Regular Meeting Minutes March 19, 2012 Moment of Silence A moment of silence was observed in memory of Dorothy Inghram. Invocation/Pledge of Allegiance The invocation was given by Sister Mary McGovern of Veronica's Home of Mercy. The pledge of allegiance was led by Toni Smith, an l ls'grade student from Arroyo Valley High School. 2. APPOINTMENTS A. Mayor's Office N Appointment of Juan Figueroa to the Board of Fire Commissioners - Council Member o Valdivia L U is Council Member Shorett made a motion, seconded by Council Member McCammack, to approve the appointment of Juan Figueroa to the Board of Fire Commissioners as d requested by Council Member Valdivia. The motion carried unanimously. 'c B. Mavor's Office Appointment of Thomas Lutrell to the Community Development Citizen Advisory o Committee-Council Member Valdivia .. co 00 Council Member Shorett made a motion, seconded by Council Member McCammack, to approve the appointment of Thomas Lutrell to the Community Development Citizen s Advisory Committee as requested by Council Member Valdivia. The motion carried CD unanimously. 0 C. Mayor's Office C Appointment of Virginia Anne Mears to the Bureau of Franchises - Council Member R Valdivia rn d Council Member Shorett made a motion, seconded by Council Member McCammack, to , approve the appointment of Virginia Anne Mears to the Bureau of Franchises as requested by Council Member Valdivia. The motion carried unanimously. N c� 3. PRESENTATIONS o c A. Service Pins Awards Ceremony E z U 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 Erica Lithen Community Development 20 Francisco Gonzalez Jr. Police 10 Richard Lawhead Police 20 Deborah Lewis Police 10 Gerardo Orozco Police 5 Blanca Perry Police 15 Gary Schuelke Police 20 Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.234 8.A.b Joint Regular Meeting Minutes March 19, 2012 Miriam Varela Police 5 Oscar Jimenez Public Works 10 Leobardo Sanchez Public Works 10 B. Student of the Month Council Member Johnson presented the Student of the Month Award to Toni Smith, an I Ith grade student at Arroyo Valley High School. C. Citizen of the Month John Griffin, Founder and Leader of the Westside Nubians, as well as several members of N the group, were presented Citizen of the Month awards by Council Member Johnson in N recognition of their work in the community. D. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. c 4. ANNOUNCEMENTS Announcements were made by the Mayor,members of the Common Council, and elected officials regarding various civic/community events and activities. 0 m 5. CONSENT CALENDAR A. City Clerk rn Waive Full Reading of Resolutions and Ordinances 0 Council Member McCammack made a motion, seconded by Council Member Shorett, to a waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. The motion carried unanimously. B. City Attorney N RES. 2012-39 - Resolution of the Mayor and Common Council of the City of San o Bernardino Acting as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement M with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire ° Mobilehome Park Corporation, et al., v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. 1114110. Ec V R Council Member Valdivia made a motion, seconded by Council Member Kelley, to adopt the resolution. Resolution No.2012-39 was adopted unanimously. C. City Attorney RES. 2012-40 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Lisa Matus, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1201235. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No. 201240 was adopted unanimously. Mayor and Common Coanci/of the City of San Bernardino Page 4 ' PacketPg. 235 8.A.b Joint Regular Meeting Minutes March 19, 2012 D. City Clerk Council Minutes City Attorney Penman asked for a two-week continuance in order to compare the minutes with the audio tape recording. (Minutes for the meetings of March 5, 2012; February 21, 2012; December 19, 2011; and November 21,2011.) Council Member Marquez made a motion, seconded by Council Member McCammack, to continue the matter to the Council meeting of April 2, 2012. The motion carried unanimously. N 0 N E. City Manaser Request to Schedule a Public Hearing on May 7, 2012, to Adopt the City of San o Bernardino 2012-2013 Housing and Urban Development Action Plan w d Council Member McCammack stated she would abstain because several of the recipients c' are her business clients. U C Public Comments: o Linda Pederson, San Bernardino, CA. CO m Council Member Valdivia made a motion, seconded by Council Member Kelley, to set a Public Hearing for May 7, 2012, to receive public comments on the 2012-2013 Action s Plan and subsequently adopt the plan. The motion carried with McCammack abstaining. ; 0 CL F. City Manaser 0- m RES. 201241 - Resolution of the Mayor and Common Council of the City of San m Bernardino to Execute an Amendment to the Professional Services Agreement by and rn Between the City of San Bernardino and Willdan Engineering Services for the Design and Implementation of a Residential Energy Audit and Retrofit Program. N Council Member Marquez made a motion, seconded by Council Member McCammack, N to adopt the resolution. Resolution No. 2012-41 was adopted unanimously. M 0 G. Civil Service I Personnel Actions -Classified E z v Council Member Shorett stated that to remain consistent he was not currently supporting a any hires or promotions until they can be discussed in the context of the budget. Council Member McCammack made a motion, seconded by Council Member Jenkins to 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 Shorett voting"no." Mayor and Common Council of the City of San Bernardino Page 5 PacketPg. 236 8.A.b Joint Regular Meeting Minutes March 19, 2012 Q [I. Community Development ORD. MC-1371 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 15.26 of the San Bernardino Municipal Code Regarding the Single-Family Rental Property Inspection Program(FINAL READING) Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the ordinance. Ordinance No.MC-1371 was adopted unanimously. I. Finance Approval of Commercial Checks and Payroll Checks N 0 Council Member McCammack made a motion, seconded by Council Member Shorett, to approve the claims and payroll and authorize the issuance of warrants as listed. The motion carried unanimously. Vi y J. Finance Approve the attached FY 2010-11 Continuing Appropriations and Encumbrance Carryovers into FY 2011-12 0 0 Council Member McCammack made a motion, seconded by Council Member Kelley, to approve the FY 2010-2011 Continuing Appropriations and Encumbrance Carryovers, and 00 authorize the Director of Finance to amend the FY 2011-2012 budget to include the approved Continuing Appropriations and Encumbrance Carryovers except for line item r #124 regarding Management Partners. The motion carried unanimously. co I K Finance 0 CL Receive and File the FY 2010-11 Year End Report m L Council Member Kelley made a motion, seconded by Council Member Johnson, to rn receive and file the FY 2010-11 Year End Report. The motion carried unanimously. L. Fire N RES. 201242 - Resolution of the Mayor and Common Council of the City of San C° Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of an Annual Purchase Order to Allstar Fire Equipment, Inc. for the Replacement of Protective o Clothing for Structural Firefighting(Lion Janesville Turnout Gear). m E Council Member McCammack made a motion, seconded by Council Member Kelley, to adopt the resolution. The motion carried unanimously. a M. Fire RES. 201243 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance or Designee to Increase South Coast Emergency Vehicle Services Annual Purchase Order for Specialty Parts and Services for the City's Pierce Apparatus. Council Member McCammack made a motion, seconded by Council Member Shorett, to C adopt the resolution; and authorize the Director of Finance or designee to do a budget adjustment to the Fire Department's FY 2011-2012 Adopted Budget to reflect the Mayor and Common Council of the City of San Bernardino Page 6 Joint Regular Meeting Minutes March 19, 2012 expenditures as outlined in the staff report. The motion carried and Resolution No. 201243 was adopted unanimously. N. Fire RES. 201244 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Agreement and Issuance of a Purchase Order to Westnet, Inc. for the First in Alerting Platform to Interface with the New World System Computer Aided Dispatch. Council Member Marquez made a motion, seconded by Council Member McCammack, N to adopt the resolution; and authorize the Director of Finance or designee to adjust the N Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. The motion carried and Resolution No. 2012-44 was adopted unanimously. W d O. Fire c' RES. 201245 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the San Bernardino City Fire Department to Submit to Factory Mutual Global an application for a 2011 Fire Prevention Grant Program Grant and to o Accept and Administer the Grant Funds. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No.201245 was adopted unanimously. z m a P. Human Resources Setting Compensation for City Clerk per Charter Section 24-B o. a Note: Agenda Item Nos. 5P and 9B were considered simultaneously. Council Member McCammack made a motion, seconded by Council Member Marquez, to set the salary of the City Clerk at Step 1 ($9,302/month) of the range with a give back of 10 percent and with the City Clerk paying her PERS contribution. 0 N Council Member McCammack amended her motion, seconded by Council Member Marquez, to set the salary of the City Clerk at Step 1 ($9,302/month), of Range 4610, o $9302 - $11,307/month. The motion carried unanimously. d E Q. Mayor's Office RES. 20124W - Resolution of the Mayor and Common Council of the City of San a Bernardino, California, Adopting the Countywide Vision Statement. Council Member Kelley stated that since he is a County employee he would abstain to avoid the appearance of a conflict. Council Member McCammack stated she could not support the item because of the Cinclusion of low income housing. Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 238 B.A.b Joint Regular Meeting Minutes March 19, 2012 Council Member Jenkins made a motion, seconded by Council Member Valdivia, to adopt the resolution. Resolution No. 201246 was adopted with McCammack voting "no" and Kelley was away. R. Parks, Recreation& Community Services RES. 2012-47 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 3 to Contract 10- 318 with the County of San Bernardino Department of Aging and Adult Services (DAAS), and to Increase the Annual Purchase Orders to Sysco Foods, Merit Day, Ross Swiss, and US Foods to an Aggregate Amount not to exceed$141,623 for FY 2011-12. N 0 N Council Member Kelley stated that because he is a County employee he would abstain to avoid the appearance of a conflict. NI Council Member McCammack made a motion, seconded by Council Member Johnson, to adopt the resolution. Resolution No.201247 was adopted with Kelley abstaining. c' S. Parks,Recreation & Community Services c RES. 2012-48 - Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Execution of a Memorandum of Understanding with the c.) Center for Community Action & Environmental Justice for the Installation and Maintenance of an Air Filtrations System at Ruben Campos Community Center. C) s j Penny Newman of CCAEJ provided information and answered questions, including rn v which schools had been selected to be included in the program. > 0 CL Council Member Valdivia stated that he would like to see Urbita Elementary School m added to the list. rn Council Member Kelley made a motion, seconded by Council Member McCammack, to adopt the resolution. Resolution No. 201248 was adopted unanimously. =5 N O T. Police N RES. 2012-49 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the City of Highland for a o Permanent Encroachment License. m E Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No. 2012-49 was adopted unanimously. a U. Public Works RES. 2012-50 - Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Order the Vacation of an East-West Alley South of Adell Street, Between "I" Street and the I-215 Freeway and Reserving Utility Easements Therein. Council Member McCammack made a motion, seconded by Council Member Shorett, to adopt the resolution. Resolution No.2012-50 was adopted unanimously. Mayor and Common Coancil of the City of San Bernardino Page 8 PacketPg. 239 8.A.b Joint Regular Meeting Minutes March 19, 2012 C6. COMMITTEE CONSENT A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Reestablishing the Position of Paralegal in the City Attorney's Office. Council Member McCammack made a motion, seconded by Council Member Jenkins, to reestablish the position of paralegal, Range 3480, $4864-5912/month, in the City Attorney's Office. The motion carried with Marquez, Shorett, and Kelley voting nano." N O Council Member Johnson immediately informed the City Clerk that he had meant to vote "no"but had voted"yes"by mistake. i A re-vote was taken and the motion failed with Marquez, Shorett, Kelley, and d Johnson voting "no." E Later in the meeting, Council Member McCammack made a motion, seconded by U Council Member Jenkins, to reconsider Agenda Item No. 6A. The motion failed with o Marquez, Shorett, and Kelley voting"no" and Johnson abstaining. Co Co B. Human Resources Approval of Risk Division Manager Classification as Unclassified Position c City Attorney Penman advised that there was a legal issue—that the Charter requires that all department heads/managers be unclassified. Someone could point to this position as a not following the Charter; theref o r e there needed to be a change an a in the classification capon m c order to be in compliance with the Charter and to remove potential lawsuits. 3 Council Member Marquez made a motion, seconded by Council Member Johnson, to reclassify the position of Risk Division Manager, Range 4570, $7620 - $9262/month, to Risk Division Manager (U), Range 4570, $7620 - $9262/month; approve the job c description for Risk Division Manager(U),Range 4570, $7620 - $9262/month; authorize N the Director of Finance to incorporate the changes into the FY 2011-12 budget; and r authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011- o 218 to reflect this action. The motion carried with McCammack abstaining. m E C. Human Resources t Position Reclassifications for Community Development Department a Council Member McCammack made a motion to continue the matter. The motion failed for lack of a second. Council Member Johnson made a motion, seconded by Council Member Kelley, to approve revised job description for Customer Service Representative, Range 1350, $2543 $3092/month; reclassify Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month, to Customer Service Representative position, Range 1350, $2543 - $3092/month; delete Code Enforcement Processing Assistant position, Range 1350, $2543 - $3092/month; reclassify one (1) vacant Customer Service Representative Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 240 Joint Regular Meeting Minutes March 19, 2012 position, Range 1350, $2543 - $3092/month, to Administrative Assistant position, Range 1380, $2954 - $3591/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. The motion carried with Valdivia and McCammack voting"no." D. Parks.Recreation & Community Services RES. 2012-51 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Continuation Grant Application with the Corporation for National and Community Service, and Authorizing the Acceptance of the Grant in the Amount of $47,310 to Continue the Administration and Operation of the N Retired and Senior Volunteer Program for the Period of April 1, 2012,through March 31, N 2013. U L R Council Member Shorett made a motion, seconded by Council Member McCammack, to adopt the resolution. Resolution No. 2012-51 was adopted unanimously. v 3 C E. Parks, Recreation & Community Services RES. 2012-52 - Resolution of the Mayor and Common Council of the City of San U Bernardino Ratifying the Submittal of an On-Line Grant Application to Kaiser o Permanente Regional Operation Splash Community Benefit Grants Program for Funding in the Amount of$30,000 and Ratifying the Submittal of a Letter of Interest to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grants Program for Funding in the Amount of$25,000 to Provide the Parks, Recreation and Community r Services Department Aquatics Program for the 2012 Summer Season. o m Council Member Marquez made a motion, seconded by Council Member Valdivia, to o. adopt the resolution. Resolution No. 2012-52 was adopted unanimously. CL LI m 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. rn d A. Public Works =, RES. 2012-53 - Resolution of the City of San Bernardino Finding and Determining the N Existence of Less Than a Majority Protest, that Ballots Submitted in Favor of the N Assessment Exceed the Ballots Submitted in Opposition to the Assessment and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention o Basin and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, Approving c the Final Engineer's Report, Creating an Assessment District to Cover the Costs of Said E Maintenance, Known as Assessment District No. 1068, Ordering the Work, Confirming U the 2012-2013 Assessment Roll, and Determining that the Special Assessment a Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply. (Continued from February 21,2012.) Note: Agenda Item Nos. 7A and 7B were considered simultaneously. The hearing remained open. No public comments were received. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 241 8.A.b Joint Regular Meeting Minutes March 19, 2012 Council Member McCammack made a motion, seconded by Council Member Kelley, to close the hearings and adopt the resolutions. The motion carried and Resolution No. 2012-53 was adopted unanimously. B. Public Works RES. 2012-54 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Landscape Maintenance Services Agreement Relative to the Proposed Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance Assessment District). (Continued from February 21, 2012) N 0 This item was considered during the discussion on Agenda Item No. 7A. m The hearing remained open. N d Council Member McCammack made a motion, seconded by Council Member Kelley, to 'c close the hearings and adopt the resolutions. The motion carried and Resolution No. 2012-54 was adopted unanimously. 0 0 C. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Fees and Rates to be Charged for Collection of Green Wastes and Recyclables, and Repealing Resolution 2008-433. c rn Mayor Moms opened the hearing. � 0 CL Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the m following individuals that they would provide true and honest testimony: 3 Public Comments: Sadie Rodriguez, San Bernardino, CA, submitted a petition and expressed opposition to the rate increase. N Kathy Mallon, San Bernardino, CA, opposed the rate increase, stating that at the very N least there should be a program to help those with low/limited income. ° Joseph Lopez, San Bernardino, CA, expressed opposition, stating that the biggest o problem is the escalator clause. Cheryl Brown, San Bernardino, CA, did not speak to the rate increase, but asked the E E City to look at how they pick up the trash. She stated that she owns a business and is v required to have a huge receptacle, and many people dump their trash at her business. a She would like the City to look at reducing the size of the containers. Assistant City Manager Travis-Miller advised that 40 letters had been received from residents, mostly in opposition, and copies would be provided to the Mayor and Council. Council Member Kelley made a motion, seconded by Council Member McCammack, to table. Subsequently, Ms. McCammack withdrew her second, and the motion failed for lack of a second. Mayor and Common Council of the City of San Bernardino Page 11 8.A.b Joint Regular Meeting Minutes March 19, 2012 Council Member McCammack made a motion, seconded by Council Member Marquez, to table the matter. The motion carried unanimously. 8. CONTINUED ITEMS A. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group (Continued from February 6, 2012) Council Member McCammack stated she needed more time to study the backup materials N and requested that the matter be continued for two weeks. N Council Member Johnson made a motion, seconded by Council Member Kelley, to m continue the matter to the Council meeting of April 2, 2012. The motion carried unanimously. d 5 c 9. STAFF REPORTS U C A. City Manaeer ' 0 Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement by and Between the City of San Bernardino and co Code Publishing, Inc.,to Provide Municipal Code Codification Services. © L Council Member Shorett made a motion, seconded by Council Member Johnson, to v� approve. The motion failed with Marquez, Jenkins, Valdivia, Kelley, and McCammack voting"no." e. CL 0 B. Council Office m City Clerk's Salary Per City Charter Section 24-B d See Agenda Item No. 5P for the action taken on this matter. N C. Council Office N Election of Mayor Tempore M 0 Council Member Shorett nominated Council Member Kelley to serve as Mayor Pro d Tempore during the coming year. E t U Council Member Shorett made a motion, seconded by Council Member Marquez, to elect a Council Member Kelley to serve as Mayor Pro Tempore until March 18, 2013. The motion carried unanimously. D. Council Office San Bernardino Hometown Heroes Military Banner Program CCouncil Member Johnson provided a brief update of the banner program. C Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 243 Joint Regular Meeting Minutes March 19, 2012 Council Member Marquez made a motion, seconded by Council Member Johnson, to receive and file the committee update and to include the Hometown Heroes Military Banner Program in the payroll deduction program available to employees for making donations to various organizations. The motion carried unanimously. E. Council Office The Drafting of an Economic Development Strategic Plan for the City of San Bernardino Council Member Marquez made a motion, seconded by Council Member Kelley, to direct the City Manager's Office to initiate the development of an Economic N Development Strategic Plan. The motion carried unanimously. N r 10. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY N d A. Civil Service Personnel Actions—Classified U C Council Member Marquez made a motion, seconded by Council Member Johnson, to 'o continue the matter to the Council meeting of April 2, 2012. The motion carried unanimously. ,,.. 11. PUBLIC COMMENTS Betty Jean Long, San Bernardino, CA, discussed recent events in her life involving her guardian angels. o c. Henry Christianson, San Bernardino, CA, discussed global, national, and local turmoil, stating that people don't see the common thread that exists between them—a lack of o prayerful guidance. He invited people to join him and others who meet to pray outside of City Hall. N Hilda Ortega Munoz, San Bernardino, CA, asked for assistance in finding someone to N talk to about the Westside Community Hospital and the status of its ownership and other issues. She stated that the Westside needs this hospital, but residents are concerned that o there are plans to replace it with a convalescent home. d E The mayor stated that a new chief executive officer by the name of June Cullinson was v recently appointed at the hospital and suggested contacting her for information. a Hans Vandertouw, San Bernardino, CA, spoke regarding the Downtown Revitalization Plan. He stated that it seems the City's main goal is attracting low income residents, but this seems counterproductive to measures being taken to enhance the City. Barbara Babcock, San Bernardino, CA, spoke regarding women's health and women's accomplishments and announced that the Home of Neighborly Services is having its first annual Women's Leaders Recognition on Saturday,March 23, from 11 a.m.-2 p.m. Mayor and Common Council of the City of San Bernardino Page 13 8.A.b Joint Regular Meeting Minutes March 19, 2012 Jim Smith, San Bernardino, CA, congratulated Mr. Kelley on being elected Mayor Pro 1v Tem, encouraged residents to volunteer to buy one of the Hometown Heroes Military Banners, gave kudos to City Clerk Gigi Hanna, and encouraged people to reach out and support the many wonderful nonprofit organizations in the city. Shirley Harlan, San Bernardino, CA, spoke regarding the 24`h Annual 011ie McDonald Senior Showcase entitled "Come Fly With Us" to be held Saturday, March 31, 2012, at 1:30 p.m. at Sturges Center for the Fine Arts located at 780 North E Street in San Bernardino. N Chelsea McCammack, San Bernardino, CA, expressed admiration and support for her N mother, Council member Wendy McCammack, both personally and professionally, stating that she tries to be there for everyone in the City and has been very supportive of her personally through many ups and downs. Ni d 12. ADJOURNMENT The meeting adjourned at 8:40 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,April 2,2012. o U GEORGEANN"GIGI"HANNA co City Clerk r m v i By: ; Linda E. Hartzel a Deputy City Clerk R 3 O d N O N O M O E E L v Jr CI Mayor and Common Council of the City of San Bernardino Page 14 PacketPg. 245