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Home My WebLink About08.B- City Clerk DOC ID: 1989 r" 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 May 7, 2012; May 21, 2012; and May 31, 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 May 7, 2012, May 21, 2012, and May 31, 2012, as submitted. Supporting Documents: 05-07-2012 Jt. Reg(Draft)_gh (PDF) 05-21-2012 Jt. Reg(Draft)_gh (PDF) 05-31-2012 Special (Draft)_gh (PDF) O Updated:9/17/2012 by Linda Sutherland Packet Pg. 246 � MAY 7 , 2012 � MINUTES � � JT . REGULAR � � ( DRAFT ) � a 11Ba City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N DRAFT MINUTES N T JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY c 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS c°� THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND THE r �..- MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY m 0 MONDAY, MAY 7,2012 m COUNCIL CHAMBERS N r O The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:43 p.m., Monday, May 7,2012, in the Council Chambers, 300 North"D" Street, San Bernardino,CA. 9 0 Call to Order v E Attendee Name Title Status Arrived L U Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present John Valdivia Council Member, Ward 3 Present 3:55 PM Fred Shorett Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present Patrick J. Morris Mayor Present James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present Andrea Travis-Miller Acting City Manager Present Mayor and Common Council of the City of San Bernardino Page I PacketPg. 247 8.B.a Joint Regular Meeting Minutes May 7, 2012 C 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation-pursuant to Government Code Section 54956.9(a): In the Matter of Michael Billdt Industrial Disability Retirement Application; Yvonne Barnes, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No.CIVSS807102; Estate of Terry Nash v. City of San Bernardino, et al. - United States District i Court, CV09-08671 RGK(FFMx); N Nguyen v. City of San Bernardino: and Does 1 through 100, Inclusive - San Bernardino Superior Court, Case No. CIVDS 1003080; d San Bernardino City Professional Firefighters, Brian Crowell and Byron Kuhn v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967; a 0 U San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino PERB Unfair Practice Charge No. LA-CE-714-M; CO CSan Bernardino City Professional Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102415. 2 o_ 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. N 0 C. Conference with legal counsel - anticipated litigation - initiation of litigation - c pursuant to subdivision(c) of Government Code Section 54956.9. 9 0 D. Closed Session-personnel-pursuant to Government Code Section 54957. d E 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 a public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session under Agenda Item No. 1B, conference with legal counsel, anticipated litigation: one item. Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 248 8.B.a Joint Regular Meeting Minutes May 7, 2012 Under Agenda Item No. 1D, personnel: Senior Assistant City Attorney, and the following former EDA positions which are now in the City: Executive Director; Deputy Director (2); Chief Financial Officer; Director of Administrative Services; Director of Housing and Community Development; Director of Marketing and Special Events; Accounting Manager; Financial Analyst (2); Executive Secretary; Project Manager (7); Marketing/ Public Relations Manager; Senior Urban Planner; CATV/IEMG Broadcast Engineering Coordinator; CATV/IEMG Production Coordinator; Assistant Project Manager (2); Senior Admin Analyst Real Estate Acquisition; GIS/Graphic Analyst; GIS Assistant; Administrative Analyst; Business Solutions Coordinator; Senior Accounting Technician (2); Records Management Specialist; CATV/IEMG Production Technician (3); CATV/IEMG Production/Traffic Specialist; Administrative Assistant; Secretary (2); N Operations Specialist II; Administrative Clerk III; Planner (2); Project Manager; N Projection Tech(3); Receptionist; and Assistant Project Manager. @ Closed Session Announcement City Clerk Hanna announced that during closed session it was the consensus of the Council that the City, Acting as the Successor Agency to the Redevelopment Agency, authorize the City Manager to issue layoff notices as EDA activities wind down. c 0 0 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. O1 r `'�► Moment of Silence Mayor Morris requested a moment of silence in memory of Tommy Thompson. R rn Invocation/Pledge of Allegiance The invocation was given by Reverend David Nagle from Central City Lutheran Mission. The pledge of allegiance was led by Cesar Perez, a sixth grade student at Urbita Elementary School. N 0 N 2. Appointments ° N O A. Mayor's Office Appointment of Jeffrey P. Thunman to the Fine Arts Commission - Mayor Patrick J. s Morris o m Motion: Approve the appointment of Jeffrey P. Thurman to the Fine Arts a Commission as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Virginia Marquez, Council Member, Ward I AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 249 8.B.a Joint Regular Meeting Minutes May 7, 2012 3. Presentations 3A. Resolution of Commendation to Mary's Mercy Table on their 25th Anniversary - Council Member Marquez Father Mike Berry accepted the commendation on behalf of Mary's Mercy Center. 3B. Certificate of Recognition to Nis Bush, Miss Black San Bernardino - Council Member Marquez 3C. Historic Preservation Month-Mayor Morris A proclamation declaring May 2012 as National Historic Preservation Month was c accepted by Suzie Earp, who introduced her colleagues Jim Smith, Johnnie Ann Ralph, Nick Cataldo, and Rich McGinnis. g i N d 3D. Chamber of Commerce Announcements Chamber announcements were presented by Jim Gerstenslager. U C 4. Announcements o Announcements were made by the Mayor,members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar w 5A. City Clerk Waive Full Reading of Resolutions and Ordinances rn m Motion: Waive full reading of resolutions and ordinances on the agenda dated May 7, 2012. N r O N n RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack,Council Member, Ward 7 ° SECONDER: John Valdivia, Council Member,Ward 3 m E AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson a 5B. City Clerk RES. 2012-71 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Records by the City Clerk's Office. Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 4 PacketPg. 250 8.B.a Joint Regular Meeting Minutes May 7, 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, McCammack ABSENT: Rikke Van Johnson 5C. Civil Service Personnel Actions-Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San b Bernardino. N T Note: Mayor Morris broke the tie with a "yes" vote, and the motion carried. RESULT: ADOPTED [3 TO 31 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 0 AYES: Virginia Marquez,Robert D. Jenkins,Wendy J. McCammack NAYS: John Valdivia, Fred Shorett, Chas A. Kelley ABSENT: Rikke Van Johnson s m 5D. Community Development x Authorize the Director of Finance to Amend the FY 2011/12 Community Development o Budget to Transfer Funds Within the Department's Discretionary Budget to Execute a o, Contract with Larry Jacinto Farming and Scott Tractor Service Relating to the Discing of M Vacant Properties for Weed Abatement Services as Allowed by Resolution 2008-350. N Motion: Authorize the Director of Finance to amend the FY 2011/12 Community N Development Department budget and transfer funds from Account No.'s o 001-180-0021-5112, 001-180-0021-5174, 001-180-0021-5175, 001-180- o 0021- 5181, 001-180-0001-5505, and 001-180-0001-5181 to Account No. 001-180-0021-5506. E t v RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 a SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson 5E. Human Resources Personnel Actions-Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. Mayor and Common Council ofthe City of San Bernardino Page 5 Packet Pg. 251 8.B.a Joint Regular Meeting Minutes May 7, 2012 RESULT: ADOPTED [5 TO 11 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Fred Shorett ABSENT: Rikke Van Johnson 5F. Police RES. 2012-72 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Assignment of the Agreement for Tow Services with Wilson c Towing to Ray Hassan. T co Motion: Adopt Resolution. m RESULT: ADOPTED [5 TO 11 E MOVER: Wendy J. McCammack, Council Member,Ward 7 U SECONDER: Robert Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Kelley, McCammack NAYS: Fred Shorett m ABSENT: Rikke Van Johnson L m SG. Police RES. 2012-73 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement with Ce1Plan Technologies, Inc. for the Purchase of a Downtown Camera Protection Zone System with Additional Cameras for the San Manuel Area Camera Protection Zone. N Council Member McCammack stated that she would be abstaining on this item because N San Manuel is a client of her business. She left the Council Chambers and returned after the vote was taken. 0 9 0 Police Chief Handy distributed to the Council and submitted into the record a list of d camera sites. s U R Motion: Adopt Resolution. a RESULT: ADOPTED [5 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley ABSTAIN: Wendy J. McCammack ABSENT: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 6 PacketPg. 252 8.B.a Joint Regular Meeting Minutes May 7, 2012 5H. Police RES. 2012-74 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Ti Training Corporation in the Amount of$50,600.00 for the Purchase of a Use of Force Training Simulator. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack N ABSENT: Rikke Van Johnson N a i 51. Police v RES. 2012-75 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Obligation and Expenditure of the Allocated 2012 JAG (Justice Assistance Grant) Funds and the Execution of an Interlocal Agreement Between o the City of San Bernardino and the County of San Bernardino. c U Motion: Adopt Resolution. m RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,McCammack ABSENT: Rikke Van Johnson N 5J. Police N RES. 2012-76 — Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Purchasing Manager to Issue a Purchase Order to Adamson o Police Products of Los Alamitos, California, for the Purchase of 270 Replacement Patrol Ballistic Vests in the Amount of$190,171.80. E z U Motion: Adopt Resolution. a RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson C Mayor and Common Council of the City of San Bernardino Page 7 PacketPg. 253 8.B.a Joint Regular Meeting Minutes May 7, 2012 5K. Police RES. 2012-77 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchasing Manager to Issue a Purchase Order to Proforce Law Enforcement of Prescott, Arizona, for the Purchase of 29 Replacement Tactical Ballistic Vests in the Amount of$94,222.22. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,McCammack b ABSENT: Rikke Van Johnson , R i 5L. Public Works d Request Mayor and Common Council of the City of San Bernardino to Reject All Bids 'c for Storm Drain and Street Improvements on Mountain Avenue from 39th Street to 40th Street,Per Plan No. 10265 (SD04-004& SS04-018). r Motion: Reject all bids. 0 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack,Council Member,Ward 7 r SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson o rn v 5M. Public Works RES. 2012-78 — Resolution of the Mayor and Common Council of the City of San Cq Bernardino Approving an Agreement with Inland Valley Development Agency (IVDA) ° N for Storm Drain Impact Fee Prepayment. o 9 0 Motion: Adopt Resolution. m RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 a AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson 5N. Public Works RES. 2012-79 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2012-1520 by $11,674.80 to Generator Services Company, Inc. for Rental of Emergency Generator at the Police Department Headquarters. Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 8 8.B.a Joint Regular Meeting Minutes May 7, 2012 RESULT: ADOPTED [5 TO 11 MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez,Jenkins, Shorett, Kelley,McCammack NAYS: John Valdivia ABSENT: Rikke Van Johnson 50. Public Works RES. 2012-80 — Resolution of the Mayor and Common Council of the City of San N Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution... Designating N Certain Streets or Portions Thereof as Through Highways..." and Establishing a 3-Way Stop at the Intersection of Rialto Avenue and Macy Street. yi Motion: Adopt Resolution. 'c U RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 c°� SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson L rn i R 5P. Public Works o RES. 2012-81 — Resolution of the Mayor and Common Council of the City of San Bernardino Making Application to the Local Agency Formation Commission to Provide City Sewer Services to Property Within Unincorporated Territory Located at 2818 N. Macy Street. o N Motion: Authorize the Acting Director of Public Works to initiate proceedings for 4 the provision of City sewer services outside of City boundaries for property located at 2818 N. Macy Street (APN: 0268-041-14); and adopt the Resolution. E L U RESULT: ADOPTED [UNANIMOUS] a MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson Mayor and Common Council ofthe City of San Bernardino Page 9 Packet Pg.255 8.B.a Joint Regular Meeting Minutes May 7, 2012 6. Committee Consent 6A. Human Resources Position Reclassification- Community Development Department. Motion: Establish one NPDES Inspector UII (Flex) position, Range 1460, $4402 - $5351/month; approve Job Description for NPDES Inspector I/II (Flex) as proposed; reclassify one Construction Inspector UII (Flex)position, Range 1460, $4402 - $5351/month, to NPDES Inspector 1/II (Flex), Range 1460, $4402 - $5351/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 N action. o N RESULT: ADOPTED [4 TO 2] MOVER: Fred Shorett, Council Member,Ward 4 N SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Virginia Marquez, Robert D. Jenkins,Fred Shorett, Chas A. Kelley NAYS: John Valdivia,Wendy J. McCammack c ABSENT: Rikke Van Johnson o U 6B. Human Resources Revisions to Various Job Descriptions r Motion: Approve the job description for Animal Shelter Attendant, Range 1350, $2543-$3092/month; approve the job description for Construction/Survey Manager, Range 2520, $5938-$7218/month; and authorize the Director of ° Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. N RESULT: ADOPTED [4 TO 2] N MOVER: Fred Shorett, Council Member, Ward 4 0 SECONDER: Virginia Marquez,Council Member,Ward 1 c AYES: Virginia Marquez,Robert D. Jenkins,Fred Shorett, Chas A. Kelley NAYS: John Valdivia, Wendy J. McCammack E ABSENT: Rikke Van Johnson U Q 7. Public Hearings to be Heard at 4:00 p.m. 7A. City Clerk Appeal Hearing Regarding the Requirement for Kohl's Department Stores to File an Amended Business Registration Renewal Application Stating the Gross Sales Attributable to the Internet Fulfillment Center for the Purposes of Calculating the Correct Business Registration Fee Due to the City; and to Pay All Applicable Fees. Mayor Morris opened the hearing. No public comments were received. �r Motion: Continue the matter to June 18, 2012. Mayor and Common Council of the City of San Bernardino Page 10 8.B.a Joint Regular Meeting Minutes May 7, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 6/18/20121:30 PM MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson 7B. City Manager RES. 2012-82 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the 2012-2013 Consolidated Annual Action Plan and Authorizing the City Manager to Execute Any and All Contracts or Documents as Per HUD Regulation. N T Mayor Morris opened the hearing. d Council Member Valdivia made a motion, seconded by Council Member Jenkins, that the 5 matter be continued. No vote was taken. U G Council Member Valdivia asked if there was a deadline on this item. 'o Staff stated that the plan should be submitted by May 15 and that the City had several o ^ requirements that had to be met in order to continue to receive Federal funding. a� Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: 0 Public Comments in Onoosition: Thomas Luttrell, San Bernardino, CA, Community Development Citizen Advisory Committee member(written copy of testimony submitted into the record); N Juan Figueroa, San Bernardino, CA; N Warner Hodgdon, San Bernardino, CA; o Jim Gerstenslager,Chamber of Commerce. c Public Comments in Support: d Linda Pederson, San Bernardino, CA,Director of St. John's Community Success Center; t David Nagler, Central City Lutheran Mission; John Kunkel, San Bernardino, CA, Director of Communications at the Time for Change a Foundation; Mary Hargrave, San Bernardino, CA, Site Administrator and Director of Lorine's Learning Academy, dba Cornerstone Christian Academy, Inc. Council Member McCammack stated that she would be abstaining from voting on Attachment I, Line Item Nos. 2, 4, 9, & 24 due to possible business relationships her company may have with those organizations. Discussion ensued regarding administrative costs, criteria for providing assistance to public groups, and the reorganization of the CDBG Program. Mayor and Common Council ojthe City ojSan Bernardino Page 11 PacketPg. 257 8.B.a Joint Regular Meeting Minutes May 7, 2012 Council Member Kelley requested that staff provide a report to the Council of how surrounding cities are using their CBDG funding. Motion: To close the hearing; and adopt the resolution approving the 2012-2013 Consolidated Annual Action Plan, excluding Attachment I, Line Item Nos. 2, 4, 9, and 24; and that Mayor Pro Tern Kelley appoint an ad hoc committee to look at the issues that were identified and report back to the Council with a set of criteria to use as a model for possible modifications to the allocations with the caveat that any agencies that are listed to be recommended for funding understand that funding will not occur before July 1, and will be subject to any potential amendments. N N RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 2i SECONDER: Fred Shorett,Council Member,Ward 4 d AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson U C 3 Motion: To adopt the remaining items: 2,4, 9 and 24 on the 2012-13 Consolidated Annual Action Plan. m m RESULT: ADOPTED [5 TO 0] rni MOVER: Fred Shorett, Council Member,Ward 4 R SECONDER: Robert D. Jenkins, Council Member, Ward 2 0 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley d ABSTAIN: Wendy J. McCammack ABSENT: Rikke Van Johnson N 0 N 7C. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino 0 c Mayor Morris opened the hearing. E U IE No public comments were received. a Motion: Continue the public hearing to May 21, 2012, at 4 p.m. in the Council Chambers to approve City Ward Redistricting within the City of San Bernardino. Mayor and Common Council of the City gfSan Bernardino Page 12 PacketPg. 258 8.B.a Joint Regular Meeting Minutes May 7, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 5/21/2012 1:30 PM MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson 7D. Community Development An Appeal of the Planning Commission Denial of Conditional Use Permit(CUP)No. 12- 03 to Construct a New Wireless Telecommunications Facility Consisting of a 65-Foot N Tall, Camouflaged Monopalm Tower and Associated Equipment Stored Within an N Existing Commercial Building, Located at 1702 N. "D° Street and 420 W. 17th Street in a, the Commercial Office(CO) and the Residential Suburban(RS) Land Use Districts. N d Mayor Morris opened the hearing. No public comments were received. c' Margo Wheeler, Director of Community Development, stated that the appellant had U requested that the matter be continued to July 2, 2012. o U Motion: Continue the matter to July 2, 2012. _rn RESULT: CONTINUED [5 TO 01 Next: 7/2/2012 1:30 PM MOVER: Chas A. Kelley,Council Member,Ward 5 rn SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley rn ABSTAIN: Wendy J. McCammack ABSENT: Rikke Van Johnson N O N 7E. Community Development o An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code o (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 E Overlay District Pertaining to Development Standards and Design Guidelines. (FIRST v READING) (Continued from March 5,2012.) a The hearing was opened on February 6, 2012. Council Member McCammack stated that she would be abstaining due to conflicts with some of the participants. She left the Council Chambers and returned after the vote was taken. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the Cfollowing individuals that they would provide true and honest testimony: Public Comments made in opposition: Mayor and Common Council of the City of San Bernardino Page 13 PacketPg. 259 8.B.a Joint Regular Meeting Minutes May 7, 2012 Ron Coats, San Bernardino,CA; Roger Henderson, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA; Laurie Stalnaker, Highland, CA. Margo Wheeler, Director of Community Development, requested that the matter be continued to June 18, 2012, as the noticing requirements of Senate Bill 18 were not yet complete. Council Member Valdivia requested that the Council be provided with information regarding SB18. N Motion: Continue the matter to June 18,2012. N T A RESULT: CONTINUED [4 TO 1] Next: 6/18/20121:30 PM MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward 1 C AYES: Virginia Marquez,Robert D. Jenkins,Fred Shorett, Chas A. Kelley U NAYS: John Valdivia r 3 ABSTAIN: Wendy J. McCammack v ABSENT: Rikke Van Johnson o, 7F. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino to Amend San Bernardino Municipal Code 15.20, 19.20 and 19.62 to Allow Additions to Existing Buildings Under 2500 Square Feet to be Exempt from Meeting New ° Development Standards for the Entire Existing Structure; Allow for Nonconforming Uses to Retain Their Current Status for 72 Months Rather Than 12 Months; Eliminate the Requirement for a New Certificate of Occupancy Beyond International Code Requirements and Automatic Abatement Requirements for Nonconforming Uses (FIRST N READING). o Mayor Morris opened the hearing. c m Margo Wheeler, Director of Community Development, stated that the purpose of this s Development Code and Municipal Code amendment is to make it easier to have tenants w move back into existing buildings that may have been vacant for some period of time. a Public Comments: Paul Sanborn, San Bernardino, CA. Ms. Wheeler stated that there are no changes to the Building Codes and all State Codes will remain in effect. All City codes, International Codes, and Fire Codes remain unchanged and there are no changes to the fire sprinkling requirements of the City. What is being removed is the requirement for a certificate of occupancy when the floor area is expanded by 10 percent, there is a change of use, or the building has been vacant for more than 180 days. Mayor and Common Council ofthe City ofSan Bernardino Page 14 PacketPg. 260 8.B.a Joint Regular Meeting Minutes May 7, 2012 C Motion: Close the hearing; approve Development Code Amendment No. 12-02, based on the Findings of Fact contained in the staff report; and lay over the ordinance for final adoption, as amended, reducing the grace period from 72 months to 36 months. RESULT: FIRST READING [5 TO 11 Neat: 5/21/20121:30 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 _ AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack N 0 NAYS: Chas A. Kelley ;, @ ABSENT: Rikke Van Johnson d 7G. Public Works RES. 2012-83 — Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of an East-West Alley South of Adell Street, Between "P" Street and the I-215 Freeway and Reserving Utility Easements Therein. 0 m Mayor Morris opened the hearing. o No public comments were received. ^i x Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report 2 from the Acting Director of Public Works, as to why the east-west alley ° south of Adell Street, between "I" Street and the I-215 Freeway is no longer necessary for public right-of-way purposes; and adopt the Resolution. N O RESULT: ADOPTED [UNANIMOUS] N MOVER: Wendy J. McCammack, Council Member,Ward 7 ,O SECONDER: Fred Shorett, Council Member,Ward 4 ° AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson s U Q 8. Continued Items A. City Clerk Council Minutes (Continued from April 2, 2012) Motion: Continue the matter to May 21, 2012. O Mayor and Common Council of the City of San Bernardino Page 15 PacketPg. 261 8.B.a Joint Regular Meeting Minutes May 7, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 5/21/20121:30 PM .` MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member,Ward I AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson B. City Clerk Council Minutes(Continued from April 16,2012) Motion: Continue the matter to May 21, 2012. N r RESULT: CONTINUED [UNANIMOUS] Next: 5/21/20121:30 PM ;, MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward I m AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,McCammack 'c ABSENT: Rikke Van Johnson C 7 9. Staff Reports co 9A. Council Office Funding Opportunities for the City of San Bernardino — Implementation of the Cell Phone Site Monetization Revenue Proposal Developed by ATS Communications rn x Council Member McCammack submitted into the record a document from o Communications Capital Group LLC regarding cellular leases. d rr Council Member McCammack stated that she would be abstaining on this item because N she and her husband own a cell tower. She left the Council Chambers and returned after N the vote was taken. 0 W) 0 Motion: Direct the City Manager's office to look at more opportunities to build revenue for the City and come back to the Council with a Request For Proposal. Z R a RESULT: ADOPTED [4 TO O] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Robert D.Jenkins, Council Member, Ward 2 AYES: Virginia Marquez,Robert D. Jenkins,Fred Shorett, Chas A. Kelley ABSTAIN: John Valdivia, Wendy J. McCammack ABSENT: Rikke Van Johnson 9B. Council Office Revisit and Explore Parking Meters in the City of San Bernardino Mayor and Common Council of the City of San Bernardino Page 16 PacketPg. 262 8.B.a Joint Regular Meeting Minutes May 7, 2012 Council Member Kelley made a motion, seconded by Council Member Jenkins, to direct the City Manager to revisit and explore parking meters in the City of San Bernardino. Council Member McCammack stated that she could not support the item until she could review the study that was prepared two years ago. Council Member Jenkins withdrew his second to the motion because he also wanted to read the study that had been prepared. Public Comments: Warner Hodgdon, San Bernardino, CA. N Motion: To table the matter. o N T Note: Mayor Morris broke the tie with a "yes" vote, and the motion carried. i _ W N RESULT: TABLED [3 TO 31 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Virginia Marquez,Fred Shorett,Wendy J. McCammack o NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley u ABSENT: Rikke Van Johnson t rn i= 0 rn d N r O N n O N O C d {_ L U Q C Mayor and Common Council of the City of San Bernardino Page 17 PacketPg. 263 8.B.a Joint Regular Meeting Minutes May 7, 2012 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. Economic Development Agency RES. 2012-84 — Resolution of the Mayor and Common Council of the City of San Bernardino Serving as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Confirming the Investment of Monies in the Local Agency Investment Fund and Designating Authorized Signatories for that LAIF Account. Motion: Adopt Resolution. N RESULT: ADOPTED [5 TO 11 N MOVER: Wendy J. McCammack, Council Member,Ward 7 R SECONDER: Fred Shorett, Council Member,Ward 4 �I AYES: Marquez,Jenkins, Shorett, Kelley, McCammack NAYS: John Valdivia ABSENT: Rikke Van Johnson — U C 0 10B. Economic Development Aeency RES. 2012-85 — Resolution of the Mayor and Common Council of the City of San 0) Bernardino Serving as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Providing the Authorized Signers on Successor Agency Accounts with L Citizens Business Bank. ° x Motion: Adopt Resolution. o rn d RESULT: ADOPTED [5 TO 11 X, MOVER: Chas A. Kelley, Council Member,Ward 5 N SECONDER: Fred Shorett, Council Member,Ward 4 N AYES: Marquez,Jenkins, Shorett,Kelley,McCammack c NAYS: John Valdivia o ABSENT: Rikke Van Johnson v E s 11. Public Comments on Items Not on the Agenda Y a Roger Henderson, San Bernardino, CA, spoke about the Citizens Police Academy and encouraged all citizens to attend. Ian Franklin, Highland, CA, spoke about the FIGHTS (Faith in God Helps Troubled Souls) Boxing Program that deals with troubled youth. Betty Jean Long, San Bernardino, CA, spoke about the financial condition of the City, county, and state. Danny Tillman, San Bernardino, CA, spoke in support of Ian Franklin's boxing program at Perris Hill Park and asked the City to work with them in order to find an appropriate building for the program. Mayor and Common Council of the City ofSan Bernardino Page 18 Packet Pg. 264 8.B.a Joint Regular Meeting Minutes May 7, 2012 Mark Thompson, San Bernardino, CA, spoke in support of the boxing program and its positive effect on his life. Mayor Morris suggested that the City Manager and the Director of Parks, Recreation and Community Services work with the organization to maintain availability of public space for their program. Assistant City Manager Travis-Miller stated that she will provide a report to council on what the issues are and what steps have been taken. Joshua Beckeley, San Bernardino, CA, spoke in support of Ian Franklin, one of his parishioners, and the FIGHTS Boxing Program. o N T Darryl Thompson stated that he started the boxing program with Ian Franklin in his garage 12 years ago. They are the only amateur boxing club in Southern California that N' has sent someone to the Olympic trials in consecutive years. c David McCammack, San Bernardino, CA, spoke on behalf of the Disabled American Veterans regarding the success of their golf tournament and their garden project at c Speicher Park. He stated that they were recently nominated for the Apron Award by 0 Home Depot, that the competition will appear on Facebook, and the winner will be determined by the number of votes it receives. Warner Hodgdon, San Bernardino, CA, spoke about the parking meter issue and requested that the meetings of the Oversight Committee be televised. x Roxanne Williams spoke on behalf of SOS, which stands for "Save Our San C Bernardino." d Tammy Martin-Ryles, San Bernardino, CA, President of the Southern California Black chamber of commerce, spoke about creative business opportunities, saved jobs, money in o the budget, and a saved San Bernardino. O Tim Prince, San Bernardino, CA, spoke about the City's current financial situation. c Barbara Babcock, San Bernardino, CA, encouraged people to attend the Police Academy; and spoke about the contested election for City Clerk and the need for transparency. Jim Smith, San Bernardino, CA, spoke about the budget deficit; the new theater project; and the FIGHTS Boxing Program. John Aguilar, Colton, CA, spoke in support of the FIGHTS Boxing Program. Mr. Christianson spoke about the City's future and the need for the City to pave the way for people's success; and he spoke out against abortion. Mayor and Common Coancil of the City of San Bernardino Page 19 Packet Pg.265 B.B.a Joint Regular Meeting Minutes May 7, 2012 12. Adjournment The meeting adjourned at 9:53 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,May 21, 2012. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland Deputy City Clerk N T R I N d 3 C U C 0 O U ixrn m m t rn O_ m d N O N r 0 v� a c m E S U Q Mayor and Common Council of the City of San Bernardino Page 20 Packet Pg.266 $r � � MAY 21 , 2012 � MINUTES � � JT . REGULAR � � ( DRAFT ) � ��. ttNARD��,o City of San Bernardino Mayor Patrick J. Morris SQ 300 North "D" Street Council Members Virginia Marquez y° San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett �oG�4ED tN Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N r DRAFT MINUTES N JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY r 3 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS v THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY rn AND THE L `�— MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY o_ MONDAY,MAY 21,2012 d COUNCIL CHAMBERS N r O N The joint regular meeting was called to order by Mayor Patrick J. Moms at 1:35 p.m., Monday, N May 21, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino,CA. o Call to Order v E Attendee Name Title Status Arrived t U R Virginia Marquez Council Member, Ward 1 Present 1:30 PM Q Robert D. Jenkins Council Member, Ward 2 Present 1:13 PM John Valdivia Council Member, Ward 3 Present 1:36 PM Fred Shorett Council Member, Ward 4 Present 1:33 PM Chas A. Kelley Council Member, Ward 5 Present 3:33 PM Rikke Van Johnson Council Member, Ward 6 Present 1:29 PM Wendy J. McCammack Council Member, Ward 7 Present 3:33 PM Patrick J. Morris Mayor Present 2:49 PM James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 11:34 AM Andrea Travis-Miller Acting City Manager Present Mayor and Common Council of the City of San Bernardino Page] PacketPg. 267 8.B.b Joint Regular Meeting Minutes May 21, 2012 r 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation-pursuant to Government Code Section 54956.9(a): Estate of Nash v. City of San Bernardino, et al. - U.S. District Court, Case No. CV09-08671 RGK(FFMx); NV env City of San Bernardino: and Does 1 through 100, Inclusive - San Bernardino Superior Court, Case No. CIVDS 1003080; N r Samatua v. City, et al. - San Bernardino Superior Court, Case No. CIVDS �°, 917832. i B. Conference with legal counsel - anticipated litigation - significant exposure to d litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. U C. Conference with legal counsel - anticipated litigation - initiation of litigation - o pursuant to subdivision(c) of Government Code Section 54956.9. ° D. Closed Session-personnel-pursuant to Government Code Section 54957. o E. Closed session with Chief of Police on matters posing a threat to the security of ^i public buildings or threat to the public's right of access to public services or public facilities-pursuant to Government Code Section 54957. o F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. N G. Conference with real property negotiator - pursuant to Government Code Section N 54956.8. N City Attorney Penman announced that the following additional cases would be discussed ° in closed session: d E s San Bernardino Police Officer's Association v. City of San Bernardino, et al. - San @ Bernardino Superior Court,Case No. CIVDS 1204949; a San Bernardino City Professional Firefighters Brian Crowell and Byron Kuhn v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967. Two items under Agenda Item No. 113, significant exposure to litigation, pursuant to Government Code Section 54956.9 (b) (3) (A) - Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed; and Agenda Item No. 8C. Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 268 8.B.b Joint Regular Meeting Minutes May 21, 2012 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams from the Rock Church. The Pledge of Allegiance was led by Laura Penaloza, a sixth grade student at Manuel A. Salinas Creative Arts Elementary School. 2. Appointments There were no commission appointments. N 0 N 3. Presentations m 3A. Service Pins for the Month of May(Postponed until June 18,2012) dl 5 3B. Mr. Cardinal Presentations 2011-2012 and 2012-2013 -Council Member Jenkins Council Members Marquez, Jenkins, and Kelley presented awards to Mr. Cardinal 2011- 2012 Gustavo Alvarez; first runner-up Pierre Morris; and second runner-up Michael Stockman; Mr. Cardinal 2012-2013 Miguel Renteria; first runner-up Adam Gonzalez; 0 and second runner-up D'Metruis Hopkins. Co rn Cn rn Council Member Marquez presented a commendation to Jamie Rios, Mr. Cardinal pageant coordinator, San Bernardino High School. rn 3C. Student of the Month - Thab Andrew Hawkins, Pacific High School - Council 2 Member Jenkins °- rn d 31). Citizen of the Month-Bill and Kathi Rainbolt-Council Member McCammack N 3E. Certificate of Appreciation to Members of the San Bernardino Chaplain Corps - o Police Chief Handy and Fire Chief Conrad Certificates were presented to Chaplains Ray Miller, Paul Norton, Dave Carranza, Vince LO Ortega,Jesse Cannon, Ray Valles, Russ Fritz and Mike Fox. ° c m 3F. Proclamation-National Public Works Week-Mayor Morris A proclamation designating May 20-26, 2012, as National Public Works Week was :4 presented to James Smith,new Interim Director of Public Works. a 3G. Proclamation -Building Safety Month -Mayor Morris (Not presented) 3H. Proclamation-Law Enforcement Month -Mayor Morris A proclamation designating May 2012 as Law Enforcement Month was presented to Police Chief Handy. 3I. PowerPoint Presentation on the Beautification Partnership Program Update Rebekah Kramer (Not Presented) Mayor and Common Council of the City of San Bernardino Page 3 PacketPg. 269 8.B.b Joint Regular Meeting Minutes May 21, 2012 3J. Chamber of Commerce Announcements Chamber 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. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances ° N Motion: Waive full reading of resolutions and ordinance on the joint regular agenda dated May 21, 2012. N RESULT: ADOPTED [UNANIMOUS] 'c MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Wendy J. McCammack, Council Member,Ward 7 c r AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack 0 co co 5B. Civil Service Personnel Actions- Classified z ° Council Member Shorett stated that he could not support this item. 0 Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San =� Bernardino. N 0 RESULT: ADOPTED [5 TO 21 N N MOVER: Robert D. Jenkins, Council Member, Ward 2 ° SECONDER: Wendy J. McCammack,Council Member, Ward 7 v AYES: Marquez,Jenkins, Kelley, Johnson,McCammack NAYS: John Valdivia,Fred Shorett a 5C. Community Development ORD. MC-1373 —An Ordinance of the Mayor and Common Council of the City of San Bernardino to Amend San Bernardino Municipal Code 15.20, 19.20 and 19.62 to Allow Additions to Existing Buildings Under 2500 Square Feet to be Exempt from Meeting New Development Standards for the Entire Existing Structure; Allow for Nonconforming Uses to Retain Their Current Status for 36 Months Rather Than 12 Months; Eliminate the Requirement for a New Certificate of Occupancy Beyond International Code Requirements and Automatic Abatement Requirements for Nonconforming Uses (FINAL READING). Mayor and Common Council ofthe City of San Bernardino Page 4 8.B.b Joint Regular Meeting Minutes May 21, 2012 Note: This is a public hearing item that had inadvertently been placed on the consent calendar. The hearing was opened on May 7,2012. Public Comments: Paul Sanborn, San Bernardino, CA, spoke in opposition to the ordinance. Staff stated that the time period noted in San Bernardino Municipal Code (Development Code) Section 19.62.020, Subsection 7A and Section 19.62.030, Subsection 2 was changed from 72 or more consecutive calendar months to 36 or more consecutive N calendar months. N a Council Member McCammack stated that this change does not reduce Code Enforcement's rules and does not reduce the building owner's responsibility to keep up the property. This change would allow current non-conforming status to stay for 36 months as opposed to 12 months, and in many instances that means the difference between getting insurance and not getting insurance, which could become a public safety problem for surrounding parcels. c U RESULT: ADOPTED [6 TO 11 f... MOVER: Wendy J. McCammack, Council Member, Ward 7 (� SECONDER: Fred Shorett, Council Member, Ward 4 rn AYES: Marquez,Jenkins,Valdivia, Shorett, Johnson,McCammack NAYS: Chas A. Kelley o rn d 5D. Council Office Resolution of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution...Prohibiting Parking Upon Certain Designated Streets, Alleys, or N Portions Thereof.." to Establish a No Parking Any Time, Tow Away Zone on Mount N Vernon Avenue Between Mill Street and Walnut Street. o r Public Comments: E Juan Figueroa, San Bernardino,CA. Motion: Continue the matter to June 4, 2012. a RESULT: CONTINUED [6 TO 01 Next: 6/4/20121:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson ABSTAIN: Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 271 8.B.b Joint Regular Meeting Minutes May 21, 2012 5E. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack N r 5F. Police N RES. 2012-86 — Resolution of the Mayor and Common Council of the City of San m Bernardino Approving the Destruction of Certain Police Applicant Files, Papers, and Pre- Employment Polygraph Examinations Pursuant to Section 34090 of the Government d Code of the State of California. 'c Motion: Adopt Resolution. 7 0 RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson,Council Member, Ward 6 SECONDER: Wendy J. McCammack,Council Member,Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack rn i i= m 6. Public Hearings to be Heard at 4:00 p.m. ° m v 6A. Community Development V A Public Hearing for Ward Redistricting Within the City of San Bernardino (Continued N from May 7, 2012) N N The hearing was opened on May 7,2012. o Council Member McCammack made a motion, seconded by Council Member Valdivia, to close the hearing; approve the ward boundaries reflected in Proposal A, as presented; E and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. No vote a was taken. Motion: Close the hearing; approve the ward boundaries reflected in Proposal C, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 272 8.B.b Joint Regular Meeting Minutes May 21, 2012 RESULT: FAILED [2 TO 51 MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Chas A. Kelley, Rikke Van Johnson NAYS: Marquez,Jenkins,Valdivia, Shorett,McCammack Council Member McCammack withdrew her original motion to approve Proposal A, and Council Member Valdivia withdrew his second to that motion. Council Member McCammack amended her motion to direct staff to put together a c hybrid of the three proposals and continue the matter for two weeks. N Staff requested that the matter be continued to June 18, 2012. yi d Motion: Direct staff to work with the committee to create a hybrid of the three proposals and come back to the Council on June 18, 2012, with a new recommendation. c Z 0 RESULT: CONTINUED [UNANIMOUS] Next: 6/18/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 0 SECONDER: John Valdivia, Council Member, Ward 3 s AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack rn m 0 7. Continued Items 7A. City Clerk Council Minutes(Continued from May 7,2012) 0 N Motion: Continue the matter to June 4,2012. N N O RESULT: CONTINUED [UNANIMOUS] Next: 6/4/20121:30 PM d MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward 1 ° AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack a 7B. City Clerk Council Minutes(Continued from May 7, 2012) Motion: Continue the matter to June 4,2012. Mayor and Common Council of the City of San Bernardino Page 7 PacketPg. 273 8.B.b Joint Regular Meeting Minutes May 21, 2012 (� RESULT: CONTINUED [UNANIMOUS] Next: 6/4/20121:30 PM MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack 8. Staff Reports 8A. Council Office Tachikawa San Bernardino Sister Cities Sign Display Public Comments: Rick Dulock, Tachikawa San Bernardino Sister Cities Program, asked the Council to N waive any permitting fees. i Motion: Discuss and refer to the Ways&Means Committee. w 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 0 AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack M; ABSENT: John Valdivia 8B. Parks,Recreation & Community Services ! RES. 2012-87 — Resolution of the Mayor and Common Council of the City of Bernardino Authorizing the City Manager to Execute Amendment No. 4 to Contract 10- 318 with the County of San Bernardino Department of Aging and Adult Services (DAAS),Accepting the New Proposal Amount of$233,732 for the Period of July 1,2012 Through June 30, 2013 for the Senior Nutrition Program. N 0 Motion: Adopt Resolution. N N u7 RESULT: ADOPTED [UNANIMOUS] ° MOVER: Chas A. Kelley, Council Member,Ward 5 E SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson,McCammack ° ABSENT: John Valdivia a 8C. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, with a Contingency Amount of $5,000, to Inter Valley Pool Supply for Swimming Pool Chemicals (Chlorine and Acid) for FY 2012/13 with Two Additional Single-Year Renewal Options. Motion: To table the matter. Mayor and Common Council of the City of San Bernardino Page 8 PacketPg. 274 S.B.b Joint Regular Meeting Minutes May 21, 2012 RESULT: TABLED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack 8D. Parks,Recreation & Community Services RES. 2012-88 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute the Second Amendment to the FAS Standard Contract with the County of San Bernardino for the Lease of a Portion of the Delmann Heights Community Center to be Used for the Head Start Program. N 0 Motion: Adopt Resolution. m RESULT: ADOPTED [UNANIMOUS] "m MOVER: Rikke Van Johnson,Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack 3 O U 8E. Public Works rn RES. 2012-89 — Resolution of the Mayor and Common Council of the City of San oo, Bernardino Authorizing an Increase to Annual Purchase Order 2012-34 of $14,710 to (vJ ESSCO for Additional Electrical Components for Street Light Repairs. rn x Council Member Valdivia stated that he could not support the item due to the limited o amount of information that was provided in the backup. d Motion: Adopt Resolution. N RESULT: ADOPTED [6 TO 1] °ry MOVER: Wendy J. McCammack, Council Member,Ward 7 N SECONDER: Rikke Van Johnson, Council Member, Ward 6 0 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack NAYS: John Valdivia E s U 8F. Public Works c RES. 2012-90 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Annual Purchase Order 2012-392 of$3,562.13 to Vulcan Materials Company for Asphalt Materials for Street Repairs. Council Member Valdivia stated that he could not support the item due to the limited amount of information that was provided in the backup. Motion: Adopt Resolution. Mayor and Common Coancil of the City of San Bernardino Page 9 Packet Pg. 275 8.B.b Joint Regular Meeting Minutes May 21, 2012 CRESULT: ADOPTED[6 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson,McCammack NAYS: John Valdivia 8G. Public Works RES. 2012- 91 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Increase to Annual Purchase N Order Number 2012-803 in the Amount of $7,000 to Loma Linda Plumbing Inc. for o Plumbing Repairs As-Needed. Council Member Valdivia stated that he could not support the item due to the limited amount of information that was provided in the backup. Motion: Adopt Resolution. 3 O RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson, McCammack rn NAYS: John Valdivia w 0 rn 8H. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement to Clipper Creek, Inc., for the Purpose of w Upgrading Existing Publicly Available Electric Vehicle Charging Infrastructure to the N New Standard. N N O Motion: Continue the matter to June 4, 2012. m E t RESULT: CONTINUED [UNANIMOUS] Next: 6/4/20121:30 PM m MOVER: Wendy J. McCammack, Council Member,Ward 7 a SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack Mayor and Common Council of the City of San Bernardino Page 10 PacketPg. 276 8.B.b Joint Regular Meeting Minutes May 21, 2012 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 9A. City Attorney RES. 2012-92 — Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as the Successor Agency to the San Bernardino Redevelopment Agency, Authorizing the Execution of a Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services Relating to the Dissolution of the City's Redevelopment Agency. Motion: Adopt Resolution. N RESULT: ADOPTED [5 TO 11 N T MOVER: Wendy J. McCammack, Council Member,Ward 7 M SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Johnson, McCammack NAYS: Chas A. Kelley ABSTAIN: John Valdivia c 0 0 U 9B. Economic Development A¢ency RES. 2012-93 — Resolution of the Mayor and Common Council of the City of San Co m Bernardino Acting as the Successor Agency of the San Bernardino Redevelopment Agency Approving Amendment No. 1 to the Employment Agreement with Barbara rn Lindseth. w Motion: Adopt Resolution. 0 v RESULT: ADOPTED [5 TO 11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 N AYES: Marquez, Jenkins, Shorett,Johnson, McCammack N NAYS: Chas A. Kelley ° ABSTAIN: John Valdivia m E L U W 10. Public Comments on Items Not on the Agenda a Betty Jean Long, San Bernardino, CA, spoke about the number of traffic accidents in the City. Sandy Stevenson, Bryn Mawr, CA, spoke about senior discounts at the San Bernardino animal shelter. Roger Henderson, San Bernardino, CA, spoke about San Bernardino's need for creative C thinking in dealing with infrastructure, budget and graffiti. He recommended closing some City parks in all wards because there is no money to properly maintain them and they are not safe. Mayor and Common Council of the City of San Bernardino Page 11 8.B.b Joint Regular Meeting Minutes May 21, 2012 Ron Coats, San Bernardino, CA, asked for a line item breakdown of where every penny of the $6 million of Measure Z fimds is going; and suggested eliminating the ward system in the City. Council Member Valdivia requested information regarding the sunset of Measure Z. Gary Walbourne, San Bernardino, CA, spoke in opposition to the sbX Bus Rapid Transit Project and how it will affect local businesses. Juan Figueroa, San Bernardino, CA, stated that he appreciated the Council's concern regarding the City-wide issue of car sales and he encouraged the council to continue to N explore other options to find a solution to this concern. N 11. Adjournment The meeting adjourned at 6:26 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, June 4,2012. U C J GEORGEANN"GIGI"HANNA 0 City Clerk 00 By Linda Sutherland Deputy City Clerk 2 0 rn d N O N r N N O C N L U td a Mayor and Common Council of the City of San Bernardino Page 12 PacketPg. 278 � MAY 31 , 2012 � � MINUTES � � SPECIAL � � ( DRAFT ) � CITY OF SAN BERNARDINO (DRAFT) MINUTES FORTHE SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY N r O THURSDAY, MAY 31, 2012 4:00 PM—CLOSED SESSION N d r COUNCIL CHAMBERS 300 NORTH"ID"STREET • SAN BERNARDINO,CA 92418 • W W W.SBCITY.ORG c c Virginia Marquez Patrick J. Morris Wendy J. McCammack 'o U COUNCIL,MEMBER,WARD I MAYOR COUNCIL,MEMBER,WARD 7 0 m Robert D.Jenkins A � Andrea Travis-Miller COUNCIL MEMBER,WARD 2 •IO ACTING CITY MANAGER John Valdivia �Q �� James F. Penman o m COUNCIL MEMBER,WARD 3 CLIP ATTORNEY 0 � �U Fred Shored Georgeann "Gigi" Hanna m N COUNCIL MEMBER,WARD4 J CITYCLERK N Chas Kelley . David Kennedy n COUNCIL MEMBER,WARD 5 � � C1TY TREASURER U' ED tK 1� Rikke Van Johnson r U R Q The City Clerk's office provides this summary as a courtesy until the official minutes are approved. In order to provide clarification, the language in the official minutes may differ. PacketPg. 279 8.B.c Special Meeting Minutes May 31, 2012 The special meeting was called to order by Mayor Patrick J. Morris at 4:05 p.m., Thursday,May C 31, 2012, in the Council Chambers, 300 North"D" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 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 N 0 Wendy J. McCammack Council Member, Ward 7 Present T Charles McNeely City Manager Present Georgeann "Gigi" Hanna City Clerk Present James F. Penman City Attorney Present 3 Patrick J. Moms Mayor Present i U C 1. CLOSED SESSION 'o U PUBLIC COMMENTS ON CLOSED SESSION ITEMS ;; ° rn A three-minute limitation shall apply to each member of the public who wishes to address the f Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Pursuant to Government Code Section(s): d CL A. Conference with legal counsel - existing litigation-pursuant to Government Code N Section 54956.9(a). N 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. v E r Three(3)Cases C. Conference with legal counsel - anticipated litigation - initiation of litigation - a pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel-pursuant to Government Code Section 54957. Interim Executive Director 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 Cpublic facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 280 8.B.c Special Meeting Minutes May 31, 2012 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. No announcements made following closed session. 2. PUBLIC COMMENTS No public comments received. 3. ADJOURNMENT N At 6:10 p.m.,the meeting adjourned. o N NOTE: The next joint regular meeting of the Mayor and Common Council and 0 the Mayor and Common Council Acting as the Successor Agency to the yi Redevelopment Agency is scheduled for 1:30 p.m., Monday, June 4, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San 5 Bernardino,California. U C 7 O U rn GEORGEANN"GIGI"HANNA o City Clerk a w @ o_ R U d O. (n N O N CI O C d s U w Q Mayor and Common Council of the City of San Bernardino Page 3