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HomeMy WebLinkAbout06.C- City Clerk s.c DOC ID: 2234 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: City Clerk M/CC Meeting Date: 01/07/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meetings of December 3,2012 and December 17, 2012, as submitted. Supporting Documents: 12-03-2012 Jt. Reg. (Draft)_& (PDF) 12-17-2012 Jt. Reg. (Draft)_,gh (PDF) i O Updated: 1/3/2013 by Georgeann"Gigi"Hanna �Fa City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D.Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N O N DRAFT MINUTES a E d JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL v OF THE CITY OF SAN BERNARDINO ° N N 7 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — u c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY C v AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING s w AS THE HOUSING AUTHORITY w DECEMBER 3,2012 ° COUNCIL CHAMBERS N The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was o called to order by Mayor Patrick J. Morris at 1:43 p.m., Monday, December 3, 2012, in the M Council Chambers, 300 North "D" Street, San Bernardino,California. Roll Call d Attendee Name Title Status Arrived s Virginia Marquez Council Member, Ward 1 Present 1:30 PM @ Robert D. Jenkins Council Member, Ward 2 Present 1:30 PM John Valdivia Council Member, Ward 3 Present 1:30 PM Fred Shorett i Council Member, Ward 4 Present 1:30 PM Chas A. Kelley Council Member, Ward 5 Present 2:08 PM Rikke Van Johnson Council Member, Ward 6 Present 1:45 PM Wendy J. McCammack Council Member, Ward 7 Present 1:30 PM Patrick J. Morris Mayor Present 1:30 PM James F. Penman City Attorney Present 1:30 PM Georgeann "Gigi" Hanna City Clerk Present 1:30 PM Andrea Travis-Miller - City Manager Present 1:30 PM Mayor and Common Council of the City ofSan Bernardino Page 1 Packet Pg. 17 6.C.a Joint Regular Meeting Minutes December 3, 2012 1. Closed Session - Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation-pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ, Glen Aire Mobilehome Park Corp., et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 111410. N B. Conference with legal counsel - anticipated litigation - significant exposure to 0 litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: E d United States Department of Housing and Urban Development v. City of San o Bernardino 3 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: — U C City of San Bernardino v.Ali Yasin, Allad Investments; 0 City of San Bernardino v. Singkamas Co., LLC, O City of San Bernardino v. Wesley Bean; N City of San Bernardino v. Arlan Bolden; `=- City of San Bernardino v. Noelyn &Marvin Prado; City of San Bernardino v. Peter Berrocal as Trustee of the 854 W 40 Place Trust. m 0 D. Closed Session-personnel -pursuant to Government Code Section 54957. d Of 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 c public facilities-pursuant to Government Code Section 54957. M 0 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. c W E G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. a City Attorney Penman announced that the following additional item would be discussed in closed session: Potential legal issues regarding Agenda Item No. 7I. City Attorney Penman announced that the following additional item had been discussed Cin closed session: Complaint filed by Ms. Katrina Mennell against the City. Mayor and Common Council of the City of San Bernardino Page 2 6.C.a Joint Regular Meeting Minutes December 3, 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. Moment of Silence Mayor Morris requested a moment of silence in memory of Timothy J. Sabo. Invocation/Pledge of Allegiance The invocation was given by Council Member Johnson. The Pledge of Allegiance was led by Jeremiah Gardner, a third grade student at Taft T.Newman Leadership Academy. N O N 2. Appointments E d 2A. Mayor's Office Appointment of Judith Valles to the Board of Water Commissioners - Mayor Patrick J. N Morns Motion: Approve the appointment of Judith Valles to the Board of Water Commissioners as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 M SECONDER: Fred Shorett, Council Member,Ward 4 N AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack s x 3. Presentations o 3A. Chamber of Commerce Announcements -Ron Coats 4. Announcements - Mayor, Members of the Common Council, and Elected Officials M 0 N 5. Consent Calendar d E 5A. City Clerk L U Waive Full Reading of Resolutions and Ordinances =° Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated December 3, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack — Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 19 6.C.a Joint Regular Meeting Minutes December 3, 2012 6. Public Hearings to be heard at 4:00 p.m. 6A. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8) to Allow 16-Foot Tall Fences and Walls Behind Required Yards on Properties Located Within the Industrial Land Use Districts. (FIRST READING) Mayor Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the o following individual that he would provide true and honest testimony: N d n Ed Bonadiman, San Bernardino, CA, spoke in support of the ordinance. E d Motion: Close the hearing; approve the proposed Development Code Amendment; ° and lay over Ordinance for final adoption. RESULT: FIRST READING 15 TO 2] Next: 12/17/2012 1:30 PM C MOVER: Chas A. Kelley, Council Member, Ward 5 0 SECONDER: Robert D. Jenkins, Council Member, Ward 2 Q AYES: Marquez, Jenkins,Kelley,Johnson, McCammack N NAYS: John Valdivia, Fred Shorett rn i 611. Community Development An Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino ° Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Bring the Development Code into Compliance with Certain State Laws and Amend Development and Administration Processes Standards Within the N Development Code. (FIRST READING) o N M Mayor Morris opened the hearing. ° N T No public comments were received. E Motion: Close the hearing; and lay over Ordinance for final adoption. m RESULT: FIRST READING [UNANIMOUS] Next: 12/17/2012 1:30 PM MOVER: Chas A. Kelley,Council Member, Ward 5 SECONDER: Rikke Van Johnson,Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 4 Packet Pg.20 6.C.a Joint Regular Meeting Minutes December 3, 2012 6C. Community Development An Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code,to Revise the Standards Contained Within Chapter 19.70, Temporary Use Permits. (FIRST READING) Mayor Morris opened the hearing. No public comments were received. Motion: Close the hearing; and lay over Ordinance for final adoption. 0 N RESULT: FIRST READING 15 TO 21 Next: 12/17/2012 1:30 PM E MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 N AYES: Marquez, Jenkins,Kelley, Johnson,McCammack NAYS: John Valdivia,Fred Shorett U C 6D. Community Development 'o RES. 2012-279 — A Resolution of the Mayor and Common Council of the City of San 0. Bernardino Adopting General Plan Amendment No. 12-05,to Amend the San Bernardino N General Plan Circulation Element to Close a 225-Foot Long Portion of 3rd Street Between "J" Street and the Railroad Right-Of-Way to the East, Close a 160-Foot Long Segment of "I" Street Between Rialto Avenue and the Railroad Right-Of-Way to the ! South to Facilitate the Construction of the Downtown San Bernardino Passenger Rail R Project, and to Add Text to Acknowledge the Future Passenger Rail Service by ° SANBAG. 6 d Mayor Morris opened the hearing. N Motion: Close the hearing; and adopt the Resolution. N M RESULT: ADOPTED [6 TO 11 N MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson, McCammack NAYS: John Valdivia a 7. Staff Reports 7A. City Clerk Approval of Local Appointments List Per Maddy Act Council Member Kelley made a motion, seconded by Council Member Johnson, to approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the list to the Feldheym Mayor and Common Council of the City of San Bernardino Page 5 6.C.a Joint Regular Meeting Minutes December 3, 2012 Library for posting pursuant to Government Code Section 54973. No vote was taken. Substitute Motion: Continue the matter to the Council meeting of December 17,2012. RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack N O 7B. City Clerk N Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment E Agency Amending Resolution No. 2010-395, Appendix A of the City's Conflict of a Interest Code. Motion: Continue the matter to the Council meeting of December 17,2012. 'c RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 M AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack N rn i 7C. Civil Service Personnel Actions- Classified o 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 N Bernardino. o N _....... -, M O RESULT: ADOPTED [UNANIMOUS] N MOVER: Rikke Van Johnson,Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 E AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack U a C Mayor and Common Council of the City of San Bernardino Page 6 PacketPg. 22 6.C.a Joint Regular Meeting Minutes December 3, 2012 7D. Council Office San Bernardino Hometown Heroes Military Banner Program Motion: To ratify the action taken by the Military Banner Ad Hoc Committee to update the criteria based on current requests. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack N 0 N 7E. Human Resources Direct the City Manager to Issue a Request for Proposal for Workers' Compensation E Third Party Administration Services 0 Submitted into the record was an email from James Penman to Andrea Travis-Miller, d dated December 3, 2012, Re: Agenda Item 7E-RFP for Workers' Comp. 'c Motion: Direct the City Manager to issue a Request for Proposal for Workers' Compensation third parry administration services forthwith including the o approval of the implementation of the timeline discussed in the attached Request for Proposal. M N N_ RESULT: ADOPTED [6 TO 1] s MOVER: Fred Shorett, Council Member,Ward 4 Oil SECONDER: Virginia Marquez, Council Member, Ward I i AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson o NAYS: Wendy J. McCammack rn d 7F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino N Authorizing the Execution of the First Amendment to the Consultant Services Agreement o Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator Services. d E Council Member Johnson made a motion, seconded by Council Member Marquez, to adopt the Resolution. No vote was taken. M a Substitute Motion: Continue the matter to the Council meeting of December 17, 2012; and provide the Council with a running tally as to what has been approved and spent on the bankruptcy experts. t� Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.23 6.C.a Joint Regular Meeting Minutes December 3, 2012 RESULT: CONTINUED [5 TO 21 Next: 12/17/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez, Jenkins,Valdivia, Johnson,McCammack NAYS: Fred Shorett, Chas A. Kelley 7G. Public Works Authorization to Increase Integrated Waste Division Rates by the Annual Cost Index, as Described in Section 20 of Resolution 2008-433 N Council Member Kelley made a motion, seconded by Council Member Jenkins, to amend Motion 1 to include an automatic Consumer Price Index (CPI) increase. No vote was taken. d U .Substitute � Motion: Continue the matter to the Council meeting of December 17, 2012, m 3 RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 0 0 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack U v N 7H. Public Works Direct Staff to Prepare Amendments to Existing Agreements with Burrtec and Republic for Waste, Recyclables and Greenwaste Processing m L Council Member Kelley made a motion, seconded by Council Member Marquez, to direct staff to prepare amendments to existing agreements with Buntec and Republic for a five-year term, with a single five-year extension option for waste, recyclables and greenwaste processing for the Mayor and Common Council's approval. No vote was N taken. N M O Council Member McCammack made a substitute motion, seconded by Council Member Valdivia, to direct staff to prepare amendments to existing agreements with Burrtec and Republic for a ten-year term, with five one-year extension options for waste, recyclables and greenwaste processing for the Mayor and Common Council's approval. The vote was taken following further discussion. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 24 6.C.a Joint Regular Meeting Minutes December 3, 2012 Motion: Direct staff to prepare amendments to existing agreements with Burrtec and Republic for a ten-year term, with five one-year extension options for waste, recyclables and greenwaste processing for the Mayor and Common Council's approval; and give the City Manager and the City Attorney authorization to begin the commencement date of the two agreements earlier if the needs of the bankruptcy court and the litigation with the County so require. RESULT: VOTE FOR APPROVAL VETOED BY MAYOR MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia,Council Member,Ward 3 0 r AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack N d NAYS: Virginia Marquez,Fred Shorett, Rikke Van Johnson n E d U d Motion: Direct staff to prepare amendments to existing agreements with Burrtec ° and Republic for a five-year term, with a single-five-year extension option for waste, recyclables and greenwaste processing for the Mayor and c Common Council's approval; and give the City Manager and the City Attorney authorization to begin the commencement date of the two agreements earlier if the needs of the bankruptcy court and the litigation 0 with the County so require. v M N V �. RESULT: ADOPTED [4 TO 31 MOVER: Fred Shorett, Council Member,Ward 4 ° SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Virginia Marquez,Fred Shorett,Chas A. Kelley,Rikke Van Johnson ° NAYS: Robert D.Jenkins,John Valdivia,Wendy J. McCammack N 7I. Public Works o RES. 2012-280 — Resolution of the City of San Bernardino Rescinding Resolution No. M 2012-192 Approving an Agreement for Services with Willdan for Design of the N Widening of Fortieth Street from Johnson Street to Electric Avenue(SS04-014). c d Motion: Adopt the Resolution. E U A RESULT: ADOPTED [6 TO 11 Q MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson NAYS: Wendy J. McCammack J Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg.25 6.C.a Joint Regular Meeting Minutes December 3, 2012 7J. Public Works RES. 2012-281 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Approval of Change Order No. 1 to Lighting Technology Services, Inc., for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym Central Library, and Central Police Station in the Amount of$20,524.40. The City Attorney's office submitted into the record and distributed to the Council a copy of the executed resolution, which had been posted electronically, but was not part of the printed backup. Motion: Adopt the Resolution. N O RESULT: ADOPTED [6 TO 11 MOVER: Virginia Marquez,Council Member, Ward 1 a E SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack o N NAYS: John Valdivia c 71C Public Works c RES. 2012-282 — Resolution of the Mayor and Common Council of the City of San 'o Bernardino Authorizing the Mayor to Execute an Agreement Relative to the Selling Price of Tax-Defaulted Property Generally Located on 21st Street, East of Macy Street, in the M ij City of San Bernardino, Proposed to be Purchased from the County of San Bernardino ���•••/// Tax Collector by the San Bernardino County Flood Control District. t m i City Attorney Penman recommended that lines 21 and 22 be amended as follows: "The Mayor is hereby authorized to execute the Agreement to Purchase the above described o Tax Defaulted Property. . ."; and line 27 shall read, "behalf of the City any future m relevant Agreements to Purchase this Tax Defaulted Property as described herein by 0: parcel number,pursuant to Section 3775 of the California Revenue and Taxation Code." N Motion: Adopt the Resolution, as amended. N M 0 RESULT: ADOPTED [UNANIMOUS MOVER: Chas A. Kelley, Council Member, Ward 5 d SECONDER: Rikke Van Johnson, Council Member,Ward 6 t U AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack a 7L. Public Works RES. 2012-283 — Resolution of the Mayor and Common Council of the City of San Bernardino Initiating a Request for Proposals for the Design and Construction of Off-Site Storm Drain Improvements in the Area South of the San Manuel Band of Mission Indians Reservation. Council Member McCammack stated that she would be abstaining on this item because the San Manuel Band of Mission Indians is a client of her business. She left the Council Chambers and returned after the vote was taken. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 26 6.C.a Joint Regular Meeting Minutes December 3, 2012 Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 8. Public Comments on Items Not on the Agenda Matt Owen, San Bernardino, CA, spoke about the planned repair to the Dr. Martin o Luther King statue and the City's bankruptcy; stated that SANBAG should charter a N Bank of San Bernardino Valley; and spoke about the current economic situations in M Richmond, California, Greece, and Spain, where the world's largest worker-owned E cooperative is operating. v 0 N Betty Jean Long, San Bernardino, CA, stated that the City's money was used by elected officials on their private campaigns and they should all go to jail. U 9. Adjournment o The meeting adjourned at 6:55 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency M to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, December 17, 2012, in the Council Chambers of City Hall. rn GEORGEANN"GIGI"HANNA City Clerk m v By X. Linda Sutherland N Deputy City Clerk N M 0 N C QI E r m a C Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg. 27 City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N N N DRAFT MINUTES E d JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL d OF THE CITY OF SAN BERNARDINO ° N d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 5 AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY U G MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND N N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY ! w m MONDAY,DECEMBER 17, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:37 p.m., Monday, December 17, 2012, in the N Council Chambers of City Hall, 300 North "D" Street, San Bernardino,California. r Call to Order N Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. E Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. n John Valdivia Council Member, Ward 3 Present 1:30 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m. Patrick J. Morris Mayor Present 1:30 p.m. James F. Penman City Attorney Present 1:30 p.m. Georgeann "Gigi" Hanna_ i C Clerk Present 1:30 p.m. Andrea Travis-Miller City Manager Present 1:30 p.m. Mayor and Common Council of the City of San Bernardino Page t Packet Pg.28 6.C.b Joint Regular Meeting Minutes December 17, 2012 1. Closed Session —Pursuant to Government Code Section(s): Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code r Section 54956.9. N L d C. Conference with legal counsel - anticipated litigation - initiation of litigation - E pursuant to subdivision(c) of Government Code Section 54956.9: 0 State of California, Department of Finance Letter, December 2012 r c D. Closed Session-personnel -pursuant to Government Code Section 54957. U G E. Closed session with Chief of Police on matters posing a threat to the security of 'o public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. N F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: ! w m Police Safety ° Police Management Fire Safety W, Fire Management Middle Management o General N n Management/Confidential N G. Conference with real property negotiator - pursuant to Government Code Section d 54956.8. z U Reading of Resolutions and Ordinances a Deputy City Clerk Hartzel 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 David McLaughlin from St. Paul's United Methodist Church. The Pledge of Allegiance was led by Allen Lopez, a sixth grade student from Davidson CElementary School. Mayor and Common Council of the City of San Bernardino Page 2 6.C.b Joint Regular Meeting Minutes December 17, 2012 2. Appointments There were no Commission appointments. 3. Presentations 3A. Student of the Month — LaShane Donelson from Middle College High School -- Council Member Valdivia 3B. Resolution of Commendation -- Former 43rd District Congressman Joe Baca -- Council Member Kelley 3C. San Bernardino Police Department Annual Awards Ceremony c N L 3D. Chamber of Commerce Announcements—Jim Gerstenslager E W U d 0 4. Announcements -- Mayor, Members of the Common Council, and Elected Officials Acting City Manager Andrea Travis-Miller distributed a document titled, City of San Bernardino, Budgetary Analysis and Recommendations for Budget Stabilization, with a redline date of December 13, 2012. o U Police Chief Handy provided information regarding response times. M N t 5. Consent Calendar L 5A. City Clerk ° Waive Full Reading of Resolutions and Ordinances m rr Motion: Waive full reading of resolutions and ordinances on the joint regular N agenda dated December 17,2012. b N r RESULT: ADOPTED [UNANIMOUS] N MOVER: Robert D. Jenkins,Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 d AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack I U _J N Q 5B. Community Development ORD. MC-1384 - An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8), to Allow 16-Foot Tall Fences and Walls in the Industrial Land Use Districts. (FINAL ` READING) Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 3 0 6.C.b Joint Regular Meeting Minutes December 17, 2012 Motion: Adopt the Ordinance. RESULT: ADOPTED [5 TO 21 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A.Kelley,Council Member,Ward 5 AYES: Marquez,Jenkins,Kelley,Johnson, McCammack NAYS: John Valdivia, Fred Shorett 5C. Community Development N ORD. MC-1383—An Ordinance of the City of San Bernardino Amending Title 19 of the N San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Bring the Development Code into Compliance s E with Certain State Laws and Amend Development and Administration Processes u Standards Within the Development Code. (FINAL READING) o v Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] v c MOVER: Robert D.Jenkins, Council Member,Ward 2 'o SECONDER: Virginia Marquez, Council Member,Ward 1 " AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack N rn 5D. Community Development ORD. MC-1385—An Ordinance of the City of San Bernardino Amending Title 19 of the 2 San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the ° San Bernardino Development Code, to Revise the Standards Contained Within Chapter 6 19.70,Temporary Use Permits. (FINAL READING) N Motion: Adopt the Ordinance. o N n RESULT: ADOPTED [6 TO 11 N MOVER: Rikke Van Johnson, Council Member, Ward 6 c SECONDER: Wendy J. McCammack, Council Member,Ward 7 m E AYES: Marquez,Jenkins, Shorett,Kelley,Johnson,McCammack NAYS: John Valdivia a 6. Public Hearings 6A. Community Development RES. 2012-284 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Tract Map No. 17703-1, Located on the South Side of Northpark Boulevard Between University Parkway and Ash Street in the CG-2, Commercial General Land Use District,Accepting the Public Dedications as Set Forth on Said Map; and Authorizing Execution of the Standard Form of Agreement for the Improvements in Said Subdivision,with Time for Performance Specified. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 31 6.C.b Joint Regular Meeting Minutes December 17, 2012 Mayor Moms opened the hearing. No public comments were received. Motion: Close the hearing; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N 0 N L 7. Continued Items E U 7A. City Clerk o RES. 2012-285 - Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2010-395, Appendix A, Regarding the City's Conflict of Interest Code. G 7 Motion: Adopt the Resolution, with the position of Assistant City Clerk remaining in Appendix A. N M RESULT: ADOPTED [UNANIMOUS] L MOVER: John Valdivia, Council Member,Ward 3 ° SECONDER: Virginia Marquez, Council Member,Ward 1 m AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack d B. City Clerk RES. 2012-286 - Resolution of the Mayor and Common Council of the City of San N Bernardino Approving the Local Appointments List and Designating the Norman F. c Feldheym Central Library as the Public Library to Receive a Copy of the Local Appointments List(The Maddy Act). N Motion: Adopt the Resolution. E L RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 32 6.C.b Joint Regular Meeting Minutes December 17, 2012 7C. Human Resources RES. 2012-287 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the First Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator Services. Council Member McCammack made a motion, seconded by Council Member Johnson to adopt the Resolution. (No vote was taken.) Substitute Motion: To increase the contract by an additional $25,000 and then report back to the Council if another increase is needed. d n RESULT: ADOPTED [5 TO 2] E MOVER: Robert D. Jenkins, Council Member,Ward 2 w SECONDER: Wendy McCammack, Council Member,Ward 7 AYES: Jenkins,Valdivia,Kelley,Johnson, McCammack NAYS: Virginia Marquez,Fred Shorett U C Note: The Council noted that they had not received a status report of purchase orders and 0 contracts under$25,000 since June and requested an updated report. 7D. Public Works Set Public Hearing on February 18, 2013 Regarding Amending Rate Resolution 2008- 433 to Implement CPI rn w R Motion: Set Public Hearing on February 18, 2013 to Amend Resolution 2008-433 0` to Implement CPI Increases from 2008 to present. m d RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 N 0 SECONDER: John Valdivia, Council Member, Ward 3 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N r d E r v m Mayor and Common Council of the City of San Bernardino Page 6 PacketPg. 33 6.C.b Joint Regular Meeting Minutes December 17, 2012 8. Staff Reports 8A. City Attorney RES. 2012-288 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Memorandum of Understanding Between the City of San Bernardino and the Martin Luther King Statue Restoration Committee and the San Bernardino Black Cultural Foundation Granting the Committee Authority to Raise Funds and Oversee the Restoration of the Memorial Statue of Dr. Martin Luther King Jr. Located in Front of City Hall. Motion: Adopt the Resolution. N 0 N RESULT: ADOPTED [UNANIMOUS] v MOVER: John Valdivia, Council Member, Ward 3 E d SECONDER: Fred Shorett, Council Member,Ward 4 d AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack c 811. City Attorney RES. 2012-289 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with 0 Chadwick J. Bradbury for Collection Services. - Submitted into the record was an interoffice memorandum dated December 17, 2012, N from James F. Penman, City Attorney, to the Mayor and Common Council, regarding Agenda Item No. 8B. m Also submitted into the record by the City Attorney's office was an updated redline copy of the Professional Services Agreement for the Retention of Special Counsel for ACP Collections and Receivership/Rehabilitation Actions. Said agreement was for the services of Chadwick J. Bradbury. w 0 Motion: Adopt the Resolution. N RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member,Ward 7 E SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins,Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett a Mayor and Common Council of the City of San Bernardino Page 7 Pack et"P g.' 34 6.C.b Joint Regular Meeting Minutes December 17, 2012 8C. City Manner RES. 2012-290 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Revised Community Development Block Grant (CDBG) Public Service Application for 2013-2014. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack,Council Member, Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack N 0 N N 8D. City Manner E m RES. 2012-291 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Implementation of the Public Employees' Pension Reform ° Act of 2013 (PEPRA) and Related Public Employees' Retirement Law (PERL) 3 Amendments Which Shall Become Applicable and Effective January 1, 2013. 5 Motion: Adopt the Resolution. 0 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 N M SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack rni w R a 8E. Civil Service Personnel Actions- Classified It was noted that a revised list of classified personnel actions had been submitted which N included the appointment of a part-time dispatcher for the Fire Department. r 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 E Bernardino. s 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, Johnson, McCammack 8F. Community Development RES. 2012-292 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Community Development Director to Issue "Request for Proposals for Asbestos Services for Various Locations." Mayor and Common Council of the City of San Bernardino Page 8 6.C.b Joint Regular Meeting Minutes December 17, 2012 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack 8G. Council Office 2012 National League of Cities (NLC) Congress of Cities and Exposition in Boston, Massachusetts N N Council Member Kelley provided a brief overview, including information regarding solar speed signs and military banner programs. E U d No official action was taken. ° m 8H. Police RES. 2012-293 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual c Purchase Order for Three Years with Three One-Year Renewal Options to Platinum 0 Security, Inc., for Security Guard Services at the Feldheym Library and the San Bernardino Metrolink Station. v Motion: Adopt the Resolution; and authorize the Director of Finance to amend the proposed FY 2012/13 Public Works Department budget by transferring w part-rime security guard salaries of $95,000.00 in Account No. 001-400- 0037-5505 to the Police Department Downtown Security Contractual ° Services program budget,Account No. 001-210-0033-5502. RESULT: ADOPTED [UNANIMOUS] N MOVER: John Valdivia, Council Member,Ward 3 N SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack _ _ m E z U 10 Q C Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 36 6.C.b Joint Regular Meeting Minutes December 17, 2012 8I. Public Works RES. 2012-294 — A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Amendment to the Fiscal Year 2011/12 Adopted Budget for the Engineering, Construction and Management of the Rancho Avenue Pavement Project, City Project No. 7381 (SSO4-048);the Windsor Drive Pavement Project, City Project No. 7908 (SS11-012) and 7905 (SS11-015); the 21" Street Project, City Project No. 7933 (SS12-006); and the Perris Hill Park Road Project, City Project No. 5504 (SS12-009). Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 01 N MOVER: John Valdivia, Council Member, Ward 3 N SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson ABSTAIN: Wendy J. McCammack o 8J. Public Works RES. 2012-296 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern — California Edison Company Across a Portion of City Owned Property Generally Located on the North Side of Base Line Street,East of Meridian Avenue. 0 U Motion: Adopt the Resolution. a RESULT: ADOPTED [6 TO 11 MOVER: Rikke Van Johnson,Council Member,Ward 6 w SECONDER: Fred Shorett, Council Member,Ward 4 0 AYES: Marquez, Jenkins,Valdivia, Shorett,Johnson,McCammack 6 NAYS: Chas A. Kelley z N T 8K. Public Works N A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement for Municipal Waste Hauling to Burrtec Waste Industries, Inc. Pursuant to San Bernardino Municipal Code Section c 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to E the Adoption of This Resolution. U a Note: Agenda Item Nos. 8K and 8L were taken simultaneously. Public Comments Steve Rogers,Redlands, CA Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 81,; direct the City Attorney and the City Manager to return with new contracts, including the substance of the agreements on today's agenda, on January 7, 2013; and direct the City Manager to issue purchase orders today to Burrtec Waste Industries, Inc. and to Republic Services of Mayor and Common Council of the City of San Bernardino Page 10 6.C.b Joint Regular Meeting Minutes December 17, 2012 Southern California, LLC, for the pro-rata amounts in the agreements through January 7, 2013. RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Kelley, Johnson,McCammack NAYS: Fred Shorett 8L. Public Works N A Resolution of the Mayor and Common Council of the City of San Bernardino N Authorizing the Execution of an Agreement for Municipal Waste Hauling to Republic ; Services of Southern California, LLC, Pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement v Prior to the Adoption of This Resolution. o N d Public Comments Steve Rogers,Redlands, CA r C Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 8L; 'o direct the City Attorney and the City Manager to return with new contracts, including the substance of the agreements on today's agenda, on M January 7, 2013; and direct the City Manager to issue purchase orders today to Burrtec Waste Industries, Inc. and to Republic Services of t Southern California, LLC, for the pro-rata amounts in the agreements ° through January 7, 2013. 0 RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 N AYES: Marquez,Jenkins,Valdivia,Kelley,Johnson,McCammack N NAYS: Fred Shorett C, c v E r U f6 Q C Mayor and Common Council of the City of San Bernardino Page// Packet Pg. 38 6.C.b Joint Regular Meeting Minutes December 17, 2012 8M. Public Works RES. 2012-295 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to All American Asphalt, Corona, California, for Pavement Rehabilitation on Four City Streets: Rancho Avenue, from Rialto Avenue to Foothill Boulevard, Plan No. 12482 (SSO4-048); Windsor Drive, from Baseline Street to Gilbert Street, Plan No.12803 (SS11-012 & SS11-015); 21st Street, from Valencia Avenue to Perris Hill Park Road, Plan No. 12818 (SS12-006); and Perris Hill Park Road, from 21st Street to Pacific Street,Plan No. 12824 (SS12-009). Motion: Adopt the Resolution. N r RESULT: ADOPTED [6 TO 01 N L MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson o ABSTAIN: Wendy J. McCammack d c 3 O U v N N N_ m w m m v K N O N N C d E L O R Q V Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 39 Joint Regular Meeting Minutes December 17, 2012 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 9A. City Manaaer RES. 2012-297 - A Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Determining Certain Loan Agreements, Promissory Notes, Deed of Trust(s) And/Or Covenants Relating to Certain Real Property Are Housing Assets and Authorizing the Transfer of Said Housing Assets from the Former Redevelopment Agency to the City in Its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino. N NN L Public Comments a Stephen Johns, City employee, San Bernardino, CA, inquired whether the City, as the d successor agency, was liable for the property taxes on all the properties owned by the Economic Development Agency. ° m Motion: Adopt the Resolution. 6 RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 U SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack N NAYS: John Valdivia rn i 10. New Business 0 10A. Unclassified Personnel Action—Appointment of Chris Vogt to the position of Director of Public Works—effective December 26, 2012 Motion: That the matter arose after the posting of the agenda. N 0 n RESULT: ADOPTED t4 TO 31 N MOVER: Chas Kelley, Council Member,Ward 5 SECONDER: Robert D. Jenkins, Council Member,Ward 2 d AYES: Marquez, Shorett, Kelley, Johnson r NAYS: Robert D. Jenkins,John Valdivia,Wendy McCammack u R w a Note: Council Member Jenkins was the seconder of the motion, however, after the vote was taken,but prior to the vote to appoint Mr. Vogt,he changed his vote to a"no." Public Comments Steve Rogers, Redlands, CA C Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 40 6.C.b Joint Regular Meeting Minutes December 17, 2012 Motion: Approve the appointment of Chris Vogt to the position of Director of Public Works, effective December 26,2012 RESULT: ADOPTED 16 TO 01 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson ABSTAIN: Wendy J. McCammack 11. Public Comments N Peggi Hazlett, San Bernardino, spoke about a recent carjacking in San Bernardino and N praised the Police Department's reaction. m Nick Gonzalez, San Bernardino, spoke about an incident regarding translation at a Lytle o Creek neighborhood association meeting. Matt Owen, San Bernardino, spoke about his plan for sustainable development in San Bernardino. U C Betty Jean Long, San Bernardino, spoke about losing her cell phone at Jack in the Box ' 0 and asked for its return. v M Eulalee Walker, San Bernardino, spoke about a code enforcement fine for having dirt showing in her parkways. She said there is a problem with the code and the matter causes r a lot of duress on senior citizens like herself. She said her new landscape is mowed and ° edged,but that the grass is young and coming up. m 0 Juan Figuerroa, San Bernardino, expressed his gratitude and appreciation for those responsible for getting the lights along Mt Vernon back on. He also criticized the construction on E street and decried lack of planning. N O N 12. Adjournment At 8:26 p.m. the meeting was adjourned in memory of the 26 individuals who lost their N lives in the New Town, Connecticut shooting. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the d Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, E January 7, 2013, in the Council Chambers. N a GEORGEANN "GIGI"HANNA City Clerk By Linda Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 41