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HomeMy WebLinkAbout05.B- City Clerk DOC ID: 1398 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Rachel G. Clark M/CC Meeting Date: 11/21/2011 Prepared by: Mayra Ochiqui, (909) 384-5002 Dept: City Clerk Ward(s): All Subject: Council Minutes Financial Impact: Motion: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: September 19,2011 (Distributed 11/14/11) October 3, 2011 (Distributed 11/14/11) Supportin¢Documents: Council Minutes- 09-19-2011 Jt. Regular (PDF) CCouncil Minutes - 10-03-2011 Jt. Regular (PDF) C Updated: 11/17/2011 by Linda Hartzel PacketPg. 16 S.B.a dr.. CITY OF SAN BERNARDINO Mayor Patrick J.Morris Council Members: 300N. "D"Street Virginia Marquez San Bernardino, CA 92418 Robert Jenkins Tobin Brinker Website: www.sbcity.org Fred S"orett San Chas Kelley Rikke Van Johnson Wendy McCammack N N 3 C MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION c'o OF THE CITY OF SAN BERNARDINO co o, JOINT REGULAR MEETING SEPTEMBER 19,2011 L COUNCIL CHAMBERS rn d The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro N Tempore Shorett at 1:34 p.m., Monday September 19, 2011, in the Council Chambers of o City Hall, 300 North"D" Street, San Bernardino, California. o Roll Call Present: Mayor Pro Tempore Shorett; Council Members/Commissioners Marquez, 'c Jenkins, Brinker, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. C 0 Absent: Mayor Morris,Council Member/Commissioner Kelley. c d Council Member/Commissioner Kelley arrived at 3:11 p.m. z U N I. Closed Session a Pursuant to Government Code Section(s): A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): Samuel Aguirre v. City of San Bernardino — San Bernardino Superior Court, Case No. CIVDS 1009719; 1 09/19/2011 Packet Pg. 17 Hector Briones and Roseland Harding v. City of San Bernardino, San Bernardino Police Department, San Bernardino City Chief of Police Keith L. Kilmer, Adam Affrunti. State of California. California Highway Patrol, Does 1-10 — United States District Court, Case No. CV 10-7571 CBM(OPx); Estate of Terry Nash, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CA-09-08671-RGK,- Donald Sipple, et al. v. City of Alameda, et al. — Los Angeles Superior Court, Case No. BC 462270; d Universal Trailers. Inc. v. County of San Bernardino, et al. — San Bernardino Superior Court, Case No. CIVDS 1102368. — U C 3 B. Conference with legal counsel— anticipated litigation— significant exposure 0 to litigation—pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel — anticipated litigation — initiation of litigation — pursuant to subdivision (c) of Government Code Section 54956.9. W D. Closed Session—personnel—pursuant to Government Code Section 54957. o N 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. 3 F. Conference with labor negotiator — pursuant to Government Code Section 54957.6: — u C 7 Fire Safety G. Conference with real property negotiator — pursuant to Government Code E Section 54956.8. L u m Y Reading of Resolutions and Ordinances a Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Pro Tempore Shorett requested a moment of silence in memory of Nylah Irene Franco-Torrez. 2 09/19/2011 Packet Pg. 18 5.B.a Invocation/Pledge of Allegiance ti.. The invocation was given by Pastor Richard Elwell of University Park Church. The pledge of allegiance was led by Johanna Soto, a fifth grade student at Roosevelt School. 2. Appointments—Historical Preservation Commission • Reverend Virginia Jecks-Wright—Council Member Jenkins • James M. Smith—Council Member Shorett N Council Member/Commissioner Jenkins made a motion, seconded by Council Member/Commissioner Brinker, that the appointments of Reverend Virginia Jecks- E Wright and James M. Smith to the Historical Preservation Commission, as requested by Council Members Jenkins and Shorett, be approved. The motion c carried unanimously. 0 3. Presentations The following individuals were presented a service pin award by Mayor Pro Tem `m Shorett in recognition of their many years of dedicated service to the City: d Name Department Years of Service ' Lorraine Dominguez Civil Service 5 �. Jack Masters Community Development 25 N Donald Day Fire 20 Brenda Hall Fire 10 0 Bernard Horak Jr. Fire 5 Matthew Block Police 10 Matthew Good Police 15 Jesse Joyce Police 5 — Lanier Rogers III Police 5 Clemente Elizalde Public Works 30 ° U Eddie Kelley Public Works 30 Olivia Wolff Public Works 10 E r U City Clerk Rachel Clark introduced Assistant City Clerk Mayra Ochiqui, who gave =° a PowerPoint presentation of the City's new Agenda Management Program. a City Manager Charles McNeely introduced Assistant City Manager Andrea Travis- Miller and Project Manager Debbie Okogba, who gave a PowerPoint presentation recapping The City Pride — City-Wide City of San Bernardino Beautification Partnership Community Clean-Up Day. Council Member Marquez presented the Student of the Month Award to Efrain Rodriguez. 3 09/19/2011 Packet Pg. 19 Council Member Brinker presented a resolution of commendation to Jack Kofdarali, President of J&T Management, for his exemplary business leadership and his service to the community. Council Member McCammack presented the Citizen of the Month Award to the San Bernardino Professional Firefighters Local #891 Charity Committee in appreciation of the countless donations of time and money they have made throughout the City of San Bernardino. Emil Marzullo, Interim Executive Director, Economic Development Agency, announced that a free seminar for business owners called "The Business y Accelerator Workshop and Networking Event' would be held at the Hilton Hotel on Thursday, September 22, 2011, from 8:30 a.m. to 1:00 p.m. E Chamber of Commerce announcements were presented by Mary Wilson. 0 U 4. Announcements co m M Announcements were made by the Mayor Pro Tern, members of the Common 77- and elected officials regarding various civic/community events and activities. 0' 0 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council N Member/Commissioner Marquez, that full reading of the resolutions and 1 ordinances on the regular agenda of the Mayor and Common Council and o Community Development Commission dated September 19, 2011, be waived. The motion carried unanimously. c 6. Council Minutes c Council Member/Commissioner Johnson made a motion, seconded by Council Q Member/Commissioner Marquez, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 5, 2011; July 11,2011; and July 18, 2011. The motion carried unanimously. a 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 14, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 4 09 I9 1011 Packet Pg. 20 S.B.a 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the personnel actions, as submitted by the Chief Examiner, dated September 15, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino,be approved and ratified. The motion carried unanimously. 9. RES. 2011-264 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino y in the Case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, et al., Public Employment Relations Board Unfair Practice ` Charge No. LA-CE-714-M. U C Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-264 was adopted unanimously. M 10. RES. 2011-270 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. W Council Member/Commissioner Brinker stated that he would abstain on this item because his wife is a member of the San Bernardino Symphony board. He left the N Council Chambers and returned after the vote was taken. of 0 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-270 was adopted with Brinker abstaining. ` 11. Resolution of the Mayor and Common Council of the City of San Bernardino r authorizing the San Bernardino City Fire Department(SBCFD) to enter into a ° U Cooperative Agreement with the United States Department of Agriculture c (USDA), San Bernardino National Forest, relating to fire protection and £ rescue services within the mutual threat zone. L U R t. Note: No resolution was distributed. a Staff requested a two-week continuance. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 3, 2011. The motion carried unanimously. 5 09/19/2011 Packet Pg. 21 12. RES. 2011-265 — Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2011 Assistance to Firefighters Grant Program on-line application to the Department of Homeland Security in the amount of$173,200 and authorizing the Fire Department to accept and administer the grant funds. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-265 was adopted unanimously. 13. RES. 2011-266 —Resolution of the Mayor and Common Council of the City of 14 San Bernardino authorizing a purchase order in the amount of$90,000 to New World Systems Corporation for software configuration and training-related expenses. — r C 7 Council Member/Commissioner Johnson made a motion, seconded by Council C U Member/Commissioner Marquez, that said resolution be adopted; and that the 00 Director of Finance be authorized to amend the FY 2011/12 IT budget by X01, transferring $90,000 from Account No. 679-250-5704-0000-0058 to Account No. = 679-250-5181-0000-0058. The motion carried and Resolution No. 2011-266 R was adopted unanimously. 14. RES. 2011-267 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of annual purchase orders for the o City's 800 MHz voice/data backbone, MDC maintenance, dispatch console 4' rn maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. c N Council Member/Commissioner Johnson made a motion, seconded by Council M c Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-267 was adopted unanimously. r 7 15. RES. 2011-271 — Resolution of the Mayor and Common Council of the City of L) San Bernardino awarding a contract to Elite Companies US, Inc. for c pavement rehabilitation on Meridian Avenue from UPRR Overcrossing to v E Foothill Boulevard (SS11-002), per Project Plan No. 12796. u R x Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-271 was adopted unanimously. 16. RES. 2011-268 — Resolution of the City of San Bernardino authorizing and directing execution of a License Agreement with Magnolia Highland, L.P., for an encroachment within Medical Center Drive, located at 2196 Medical Center Drive, within the City, for the installation, operation, and maintenance of a bus stop shelter and appurtenant facilities. 6 09/19/2011 Packet Pg.22 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-268 was adopted unanimously. 17. RES. 2011-272 —Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to DBX, Inc., for Traffic Signal Installation and Street Improvements at Medical Center Drive and Magnolia Avenue(TC07-001)per Plans and Special Provisions Nos. 12031 & 12031A. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the bid of Moalej Builders, Inc. be rejected y as non-responsive; and that said resolution be adopted. The motion carried and Resolution No. 2011-272 was adopted unanimously. S 18. RES. 2011-269—Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a C U purchase order in the amount of$34,306.63 to Generator Services Company, Inc for repairs to the emergency generator at the Police Department headquarters. M Council Member/Commissioner Johnson made a motion, seconded by Council v Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-269 was adopted unanimously. 19. Public Hearing — First Amendment to Development Agreement No. 91-01 N between the City of San Bernardino and the developer of the Inland Center Mail (Continued from September 6,2011) o N d A resolution of the Mayor and Common Council of the City of San Bernardino 5 approving First Amendment to Development Agreement No. 91-01 between g the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. r 3 0 U The hearing remained open. d E Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of October 17, 2011. The motion carried unanimously. 20. RES. 2011-273 — Resolution of the City of San Bernardino authorizing the execution of an agreement with American Traffic Systems (ATS) of Phoenix, Arizona for an upgrade to the City's Red Light Camera Enforcement System, and to authorize the Director of Finance to increase the Red Light Camera Program revenue and expenditures. 7 09/19/2011 Packet Pg. 23 eB a (� Council Member/Commissioner McCammack made a motion, seconded by \rr' Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2011/12 budget by increasing the Red Light Camera Program revenue (Account No. 128-210-4441- 000) by $662,300 and increasing the Red Light Camera Program expenditures (Account No. 128-210-5505-0000-0087) by $552,200, as discussed in the staff report from the Chief of Police dated September 13, 2011. The motion carried and Resolution No. 2011-273 was adopted with Kelley and McCammack voting"no." COMMUNITY DEVELOPMENT COMMISSION H d 3 No Community Development Commission agenda items were submitted for consideration. E 21. Public Comments 0 U Betty Jean Long, San Bernardino, CA, made political statements against Mayor Morris; and stated that there is no place in government for career politicians. David McKenna, San Bernardino, CA, spoke about the positive events that have taken place in the City within the past two weeks and expressed his appreciation rn and admiration for Police Chief Keith Kilmer. Stella Garcia, San Bernardino, CA, spoke against the City's Property Maintenance Ordinance and Code Enforcement citations that impose the maximum fine of N $1,000 per day on low income residents for not planting grass or hiding their trash C> cans. o N d Bill Beaumont, San Bernardino, CA, San Bernardino City firefighter for over 28 3 years, voiced his displeasure with the Facebook post made by Mayor Morris on E Sunday, September 11, 2011. — U C Tom Elder, Riverside, CA, stated that his business re-files FBNs on fictitious coy business names that have expired. He stated that he mailed one to Wendy McCammack at the beginning of the month because the fictitious business name for her business, "Express Printing Signs and Tees," aka "Creative Advertising and Design," expired on July 10, 2011. He added that the District Attorney has shut down his business and his bank accounts are frozen. a Jim Smith, San Bernardino, CA, stated that he was disappointed to learn that certain Councilpersons were questioning the process of electing a new police chief. 8 09/19/2011 Packet Pg.24 22. Adjournment The meeting adjourned at 5:57 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m.,Monday, October 3, 2011. RACHEL G. CLARK, CMC City Clerk By Linda Sutherland Deputy City Clerk U C 7 O U co rn M R 3 O) O 7 r r O �wra N O r O N U J _C U C 7 O U c m E U U A Q �) 09/19/2011 Packet Pg. 25 5.B.b Mayor Patrick J.Morris CITY OF SAN BERNARDINO CouncitMembers: 300N. "D"Street Virg min Marquez San Bernardino, CA 92418 Robert D.Jenkins Tobin Brinker Website: www.sbcity.org Fred Shorett San Berner ino Chas Kelley Rikke Van Johnson ., Wendy McCammack ' N d MINUTES MAYOR AND COMMON COUNCIL AND g COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 0 U JOINT REGULAR MEETING OCTOBER 3, 2011 Cn COUNCIL CHAMBERS — L 7 The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, October 3, 2011, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. N M O Roll Call ° Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; 3 City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Kelley. U 0 0 Council Member/Commissioner Kelley arrived at 1:55 p.m. U c d 1. Closed Session E r U Pursuant to Government Code Section(s): a A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): James J. Brown v. City of San Bernardino: San Bernardino Police Department; Officer Campbell, in his individual capacity; Officer Castro, in his individual capacity; Officer Cardillo, in his individual capacity and DOES 1-50. Inclusive — San Bernardino Superior Court, Case No. CIVDS © 1007751; 1 10/03/2011 Packet Pg.,26 Cedric May Sr.: Brenda Standifer: S.D.M. and S.J.M., minors, by and through their guardian ad litem Sasha Braves: Maurice Jennings; Anthony Jennings: and Jashanda Standifer v. City of San Bernardino: Officer JoseRh Aguilar: Officer Jose Vasguez: Officer Bryon Clark: Officer Langston Canright, Officer Melissa Flint: Sergeant James Beach and Does 1-10. Inclusive — United States District Court, Case No. ED CV 10-00978 VAP (DTBx); Maria D. Meiia: Salvador Melgoza: Ma. Guadalupe Melgoza v. City of San Bernardino: Does 1-10. Inclusive — United States District Court, ED CV 11-00452 VAP(DTBx); m Estate of Terry Nash, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CA-09-08671-RGK,• — U C 3 Christina Renteria v. City of San Bernardino - San Bernardino Superior 0 Court, Case No. CIVDS 1010058; M Zimmon. Garrett v. City of San Bernardino, et al. — San Bernardino Superior Court, Case No. CIDS906555; Court of Appeal, Fourth Appellate R District, Case No. E050314. rn v B. Conference with legal counsel—anticipated litigation—significant exposure to litigation—pursuant to subdivision (b) (1), (2), (3) (A-F) of Government o Code Section 54956.9: N M O Kendall Plaza LLC v. City of San Bernardino N d C. Conference with legal counsel — anticipated litigation — initiation of litigation — pursuant to subdivision (c) of Government Code Section 54956.9. — c 0 D. Closed Session—personnel—pursuant to Government Code Section 54957. c°� E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities—pursuant to Government Code Section 54957. =° F. Conference with labor negotiator — pursuant to Government Code Section 54957.6: Fire Safety Chief of Police G. Conference with real property negotiator — pursuant to Government Code Section 54956.8. 2 10 03 un Packet Pg. 27 City Attorney Penman announced that the following additional case would be discussed in closed session: Under Agenda Item No. IB, significant exposure to litigation: Randy Kuettle v. City of San Bernardino. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. N d Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Private First Class Carlos A. Aparicio. 0 U Invocation/Pledge of Allegiance The invocation was given by Reverend Dr. Lewis S. Leon of the Highland Congregational M Church. The pledge of allegiance was led by Faith Theisen, a sixth grade student at Thompson Elementary School. 2. Appointment—Kathy Mallon—Senior Affairs Commission—Council Member (� Kelley `-� Council Member/Commissioner Kelley made a motion, seconded by Council N Member/Commissioner McCammack, that the appointment of Kathy Mallon to the Senior Affairs Commission, as requested by Council Member Kelley, be approved. ° The motion carried unanimously. w 3. Presentations and Proclamations E U A proclamation designating the month of October 2011 as National Planning r Month was presented to George Rawls, member of the Planning Commission. L) A proclamation designating October 9-15, 2011, as Fire Prevention Week was E presented to Fire Chief Michael Conrad and Public Education Officer Manny Sedano. Fire Prevention Officer Judy Croteau announced that the Fire =° Department's Annual Open House would be held on Saturday, October 8, 2011, a between the hours of 10 a.m. and 2 p.m., Central Fire Station, 200 E. Third Street. Emil Marzullo, Interim Executive Director, Economic Development Agency, provided an update on the Regal Theater Project. Lori Panzino-Tillery, Economic Development Manager, gave a PowerPoint presentation regarding the activities of the Office of Business Development. Chamber of Commerce announcements were presented by Jasmine Avakian. 3 10/03/2011 Packet Pg. 28 S.B.b 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated October 3, 2011,be waived. The motion carried N unanimously. c 6. Claims and Payroll c 0 Council Member/Commissioner Shorett made a motion, seconded by Council toy Member/Commissioner Kelley, that the claims and payroll and the authorization to 00 issue warrants as listed in the memorandum dated September 29, 2011, from M Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. rn d o: 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council N Member/Commissioner Marquez, that the personnel actions, including the o employment agreement between the City and Robert Handy, newly appointed Chief of Police effective October 17, 2011, as submitted by the Chief Examiner, dated October 3, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried with Kelley voting "no." c 0 0 Council Member/Commissioner Kelley explained that the reason for his "no" vote had to do with Line No. 22 of the employment agreement with Robert Handy. d E t 8. RES. 2011-278—Resolution of the Mayor and Common Council of the City of m San Bernardino designating Hinderliter, De Llamas (HDL) as the authorized a City representative to examine Transactions (sales) and Use Tax records, and designating the City Manager, Assistant City Manager, the Director of Finance and the Deputy Director of Finance as the City officers authorized to receive information contained in, or derived from, the Transactions (sales) and Use Tax records, and rescinding Resolution 2010-350. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-278 was adopted unanimously. 4 10/03/2011 Packet Pg. 29 S.B.b 9. An urgency ordinance and non-urgency ordinance authorizing an amendment to the contract between the California Public Employees' Retirement System and the City of San Bernardino establishing a two-tier retirement benefit formula from 2.7% @ 55 to 2% @ 55 for new miscellaneous employees ORD. MC-1365 — An Urgency Ordinance of the City of San Bernardino authorizing an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System; declaring the urgency thereof and taking effect immediately. URGENCY (9A) N An Ordinance of the City of San Bernardino authorizing an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. FIRST READING (9B) r 3 O U Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said Urgency Ordinance A, be adopted; and M that said Ordinance B, be laid over for final adoption. The motion carried and Ordinance No. MC-1365 was adopted unanimously. @ a 10. RES. 2011-279 —Resolution of the Mayor and Common Council of the City of z San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of Arts and Culture. o tai N Council Member/Commissioner Johnson requested information as to what groups o are being funded and how the money is being used. ° N Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. g 2011-279 was adopted unanimously. c 0 11. RES. 2011-274 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute the First Amendment to the FAS Standard Contract with the County of San Bernardino for the lease of a portion of the Delmann Heights Community U Center to be used for the Head Start Program. a Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-274 was adopted unanimously. 5 10/03/2011 Packet Pg. 30 S.B.b 12. RES. 2011-275 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the California Highway Patrol to use the City of San Bernardino Police Department's firing range. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-275 was adopted unanimously. 13. RES. 2011-276 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for the City of N Redlands Police Department to use the City of San Bernardino Police °= Department's firing range. 5 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. o 2011-276 was adopted unanimously. U 00 rn 14. RES. 2011-277 — Resolution ratifying the submittal of Transportation Development Act (TDA) Article 3 Application to San Bernardino Associated Governments (SANBAG). d Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-277 was adopted unanimously. N M 15. Public Hearing-An Ordinance of the Mayor and Common Council of the City o 0 of San Bernardino amending Section 19.06.025 "Prohibited Uses" of the Municipal Code (Development Code) to permit single-price overstock discount stores, self-service laundry facilities and party supply stores meeting minimum floor area standards in commercial land use districts subject to a conditional use permit. FIRST READING U 0 0 Council Member/Commissioner McCammack stated that language changes needed v to be made in order to reduce the possibility of misinterpretation of the retail outlets. She requested a two-week continuance. L U IV Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of October 17, 2011. The motion carried unanimously. 6 10/03/2011 Packet Pg. 31 5.B.b 16. RES. 2011-280 –Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest, relating to fire protection and rescue services within the mutual threat zone. (Continued from September 19,2011) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-280 was adopted unanimously. N 17. Public briefing and discussion to inform the Council as a whole and the residents of San Bernardino regarding recent federal enforcement actions at the San Bernardino International Airport and the Inland Valley Development Agency relative to the City's budgetary obligations between the City, the San Bernardino International Airport, and the Inland Valley Development Agency ° U City Manager McNeely pointed out that there are only three areas that the City is financially impacted directly by this—the Police Department, the Fire Department, and Community Development, and most of those are service agreements and reimbursement agreements. For example, in the Police Department, a sergeant is assigned to oversee the security at the airport and that amount is built into the budget on an annual basis. If something should happen and that service was no longer being provided, the sergeant would be reassigned. He stated that if we don't render the service, we won't get billed. N M O He stated that he has not read the documents that set up IVDA and he is not aware of the liability that would be incurred by the City based upon the decisions of the representatives from here or any other agencies. He stated that he would be happy to meet with Tim Sabo or with special counsel to talk about this and report back to S the Council. – U C Public Comments: Paul Sanborn, San Bernardino,CA; Roger Henderson, San Bernardino, CA; E Ron Coats, San Bernardino,CA; James Tate, San Bernardino, CA; Barbara Babcock, San Bernardino, CA; a Laurie Stalnaker, Executive Officer for the AFLCIO for San Bernardino and Riverside Counties; Mike Hartley, San Bernardino, CA; Jim Smith, San Bernardino, CA; Joe Arnett, San Bernardino, CA, prepared a written statement dated October 3, 2011, which was read into the record by Council Member McCammack. 7 10/03/2011 Packet Pg. 32 5.B.b /}," Discussion ensued regarding potential lawsuits, transparency, and the *low mismanagement of tax dollars. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Council direct the City Manager to be prepared with alternative budget options if, and or when, current contractual obligations and corresponding revenues between the City, the San Bernardino International Airport, and the Inland Valley Development Agency suffer due to the pending Federal Bureau of Investigation's findings. The motion carried with Marquez, Shorett and Johnson voting"no." N 18. San Bernardino County Office of Homeless Services Report on the City of San Bernardino indicators of potential homelessness Tom Hernandez, Manager of the San Bernardino County Office of Homeless Services, gave a PowerPoint presentation entitled, "Getting Involved Solving Homelessness Together." U rn M Mr. Hernandez stated that the Interagency Council on Homelessness (ICH) meets — every two months and he requested that the agenda and minutes be included as part of the City's consent calendar. o: Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the report from the San Bernardino County a Office of Homeless Services be received and filed. The motion carried N unanimously. M 0 0 19. 2011 League of California Cities Annual Conference and Expo Council Member/Commissioner Kelley provided a brief report to the Council. Council Member/Commissioner McCammack made a motion, seconded by r Council Member/Commissioner Shorett, that the report be received and filed. The motion carried unanimously. d E 20. Create four new payroll line items to City Employees' Voluntary Charitable Contribution Choices w a Council Member/Commissioner Shorett stated that he supported this item; however, he wanted to move it from the Legislative Review Committee (LRC) to the Ways and Means Committee. Council Member/Commissioner McCammack stated that her concern was that the recommended motion was to rescind the prior action taken by the Council and that the matter then be referred to Ways and Means. 8 10/03/2011 Packet Pg. 33 /^ She advised that Ways and Means is the "way" and the "means," aka, the money �.r needed to do something. She stated that this action was not to spend money on something, it was to receive money, and once the four line items were established, then the policy would be created through the City Manager's office and would come back as a resolution. She added that resolutions regarding policies go to LRC, but it could go to both. It was referred to LRC first in terms of the criteria, through the City Manager's office for the policy regarding said criteria, then it was supposed to come back to the Council, and then they could refer it to Ways and Means. Public Comments: 'w Paul Sanborn, San Bernardino, CA; Doug Rowand, San Bernardino, CA, President of Arrowhead United Way; Mike Hartley, San Bernardino, CA; — Sharon Blechinger, San Bernardino, CA; Tammy Collins, Yucaipa, CA; ° U Carol Bradshaw, San Bernardino, CA; Christina Milian,Highland, CA; Jayne Zyllman, San Bernardino, CA; Dr. Pamela Miller,Highland, CA; Michelle Guthmiller, Highland, CA; Diane Holmes,West Cajon Valley, CA Lori Stalnaker, Executive Officer for the AFLCIO for San Bernardino and Riverside Counties; o Ron Coats, San Bernardino, CA. N M O Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion v carried unanimously. 21. RES. 2011-281 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a purchase order in the amount of $2,000 to IQM2,Inc. for additional software configuration and support assistance. c i Y G Council Member/Commissioner McCammack made a motion, seconded by E Council Member/Commissioner Kelley, that said resolution be adopted. u Resolution No. 2011-281 was adopted unanimously. =° a COMMUNITY DEVELOPMENT COMMISSION No Community Development Commission items were submitted for consideration. 9 10/03/2011 Packet Pg. 34 S.B.b 22. Public Comments Betty Jean Long, San Bernardino, CA, spoke about the Council's conduct; stated that the City is spending more money than it has; stated that the Police and Fire Departments should be left alone to do their jobs; and announced that she intends to run for Mayor in 2013. Paul Sanborn, San Bernardino, CA, submitted an article into the record entitled "California's Enterprise Zone Program," and suggested the City look at the sbX Project as a possible enterprise zone. N Barbara Babcock, spoke about the debate that was held in the Council Chambers 3 on September 27, 2011. David McKenna, San Bernardino, CA, stated that he wanted to be a City Attorney c for the City of San Bernardino and its citizens 110 percent; and he pledged, and he 0 asked Mr. Penman to pledge, that he would not run for any other office, including the Mayor's office in 2013. °M Jim Smith, San Bernardino, CA, spoke regarding the upcoming election and the R need for change. o_ 23. Adjournment o The meeting adjourned at 7:08 p.m. The next joint regular meeting of the Mayor N and Common Council/Community Development Commission is scheduled for 1:30 9 p.m., Monday, October 17, 2011. N d RACHEL G. CLARK, CMC City Clerk E By c0 Linda Sutherland Deputy City Clerk s v a 10 10/03/2011 Packet Pg. 35