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HomeMy WebLinkAbout01-24-2013 Jt. Adj Reg Mtg Minutes � gKAR City of San Bernardino Mayor Patrick J. Morris Council Members 300 North "D" Street Virginia Marquez o San Bernardino, CA 92418 Robert D. Jenkins 3 http://www.sbcity.org John Valdivia Fred Shorett �eD K ti Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY THURSDAY,JANUARY 24, 2013 COUNCIL CHAMBER The joint adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 4:01 p.m., Thursday, January 24, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. ROLL CALL Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 4:00 p.m. John Valdivia Council Member, Ward 3 Absent 4:40 p.m. Fred Shorett Council Member, Ward 4 Present 4:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 4:00 p.m. Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present 4:00 p.m. Patrick J. Morris Mayor Present 4:00 p.m. /rte James F. Penman City Attorney Present 4:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 4:00 p.m. Andrea Travis-Miller City Manager Present 4:00 p.m. Mayor and Common Council of the City of San Bernardino Page I Printed 21612013 Joint Adjourned Regular Meeting Minutes January 24, 2013 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, City of San Bernardino v. Wells Fargo Bank, N.A. as Trustee for Carrington Mortgage Loan Trust, Series 226-NCI Asset Backed Pass-through Certificates, a business entity the form of which is unknown, Carrington Mortgage Services, LLC, a Delaware Limited Liability Company et al; San Bernardino Superior Court, Case No.: CIVDS 1212108; City of San Bernardino v. Alfonso A. Diaz, Irma Diaz, individuals; Linda Martinez, and child Martinez (a minor child); individuals; Elliott Luchs, an individual; et al. San Bernardino Superior Court, Case No.: CIVDS 1209917; City of San Bernardino v. Shelly Golec, an individual; Mountain West Financial, Inc., a California Corporation; Mortgage Electronic Registration Systems, Inc., a Delaware Corporation; Bank of America, N.A., a business entity the form of which is unknown; Internal Revenue Service; a federal governmental agency; et al, San Bernardino Superior Court, Case No.: CIVDS 1213394; Allison Mechanical v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1211891; Aspen Builders, Inc., A California v. Regal Cinemas, Inc., A Tennessee; San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210338; Consolidated Electrical Distributors, Inc. v. San Bernardino Economic Development Corp.; Los Angeles Engineering, Inc.; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210288; Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210197; Stepstone, Inc. v. Los Angeles Engineering, Inc.; San Bernardino Economic Development Corporation; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210727; Thompson Building v. Los Angeles Engineering, San Bernardino Economic Development Corporation, Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1211471; © BICEP. Mayor and Common Council of the City of San Bernardino Page 2 Printed 21612013 Joint Adjourned Regular Meeting Minutes January 24, 2013 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: Refuse Division issue C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c)of Government Code Section 54956.9: City of San Bernardino v. 854 West 40`h Place Trust, et al; 1256 N. Stoddard Ave; City of San Bernardino v. Estate of Poppett, 157 E. 5°h Street; City of San Bernardino v. Ross, 3130 N. Stoddard Ave; City of San Bernardino v. Madrid, 548 N. ­G"Street; 719 Spruce Street. D. Closed Session -personnel-pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public 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: Police Safety Police Management Fire Safety Fire Management Middle Management General Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. OPEN SESSION 2A. Human Resources RES. 2013-17 — Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. (Continued from January 22, 2013.) Andrea Travis-Miller, Acting City Manager, stated that following the last Council meeting staff discussed the need to have two individuals that could serve on the group and added Administrative Services Director Jason Simpson, as the primary designated individual, and Risk Manager Steve Dokken, as an alternate. ® Motion: Waive full reading; and adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 3 Printed 21612013 Joint Adjourned Regular Meeting Minutes January 24, 2013 i i RESULT: ADOPTED [5TO1] 00:04:28 ' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson 2B. (Previously Item 7A on the January 22, 2013 Agenda Civil Service Personnel Actions—Classified—Items 7-16 Council Members Jenkins and McCammack indicated that they wanted to change the votes they cast on January 22, 2013, from"no"to "yes." The motion that had previously failed was approved with Marquez, Jenkins, Shorett and McCammack voting"yes"; Valdivia voting"no"; Kelley abstaining; and Johnson absent. 3. NEW BUSINESS 3A. Unilateral Imposition of Terms and Conditions of Employment — Police, Fire and Mid-Management Bargaining Units OCity Attorney Penman advised that yesterday the City had a mediation in the bankruptcy court with the Fire and Police Unions. He stated that he could not discuss anything that happened in that mediation session, although it was made known to the Council Members and the Mayor. As a result of action taken at the end of the meeting, and the advice that the federal judge gave to the City Manager, a need to take action may have arisen; and it is up to the Council to decide whether or not to consider imposing on the Police and Fire Unions the last best offer of the City that was made prior to the mediation. He stated that the mediation is confidential and nothing that happened there can be discussed including what the offers were. Mr. Penman stated that the matter came to their attention at approximately 6 p.m. last night, after the conclusion of the mediation, that it is necessary to consider unilateral imposition pursuant to the Pendency Plan; and that would be the language that would be submitted to the Council to consider whether to adopt or not. A two-thirds vote is required, which would be four; so four Council Members would have to vote "yes" in order for this to pass and be added to the agenda as an item where the need to take action arose after the agenda was posted. Mr. Penman noted that the mediation was not successful and agreements with the Police and Fire Unions were not reached last night at the conclusion of the mediation. Indicates timestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office Mayor and Common Council of the City of San Bernardino Page i Printed 216/2013 Joint Adjourned Regular Meeting Minutes January 24, 2013 Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action in both closed and open sessions. RESULT: ADOPTED [5 TO 11 00:10:00 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson Council Members Shorett and Kelley indicated that they did not receive any information and asked how the information had been passed out. Mr. Penman stated that it was not passed out. It was his understanding that the union had called various members and told them what had happened. He stated that he was informed and he informed the Council Members who called him and asked him what had happened. Mr. Penman advised that the specific detailed information could be shared with the Council in closed session, but could not be shared publicly, because under the rules of federal bankruptcy court, those mediation sessions are confidential; however, he could state publicly that the unions of the City failed to come to an agreement last night and the mediation process was now concluded. He encouraged the Mayor and Council, if they wanted to vote on this, to vote to reconsider the action they just took. Motion: To reconsider the prior action. RESULT: ADOPTED [5 TO 11 00:11:37 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson Motion: To discuss and take possible action in both closed and open sessions. RESULT: ADOPTED [5 TO 11 00:13:05 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack O NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 5 Printed 11611013 Joint Adjourned Regular Meeting Minutes January 24, 2013 4. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Debbie Matley, San Bernardino, stated that there must be changes to the development review process. If impacted residents are notified about projects earlier in the process, they would be able to inform staff of their concerns about questionable projects before staff hours are wasted in the development and planning process. The current process does not notify residents until just prior to the Planning Commission meeting. She suggested that prior to the Development and Environmental Review, the impacted residents receive notification from the City with questions of whether or not they would welcome this project into their neighborhood. This information should be part of the Development and Environmental Review Committee Meeting, and is but one example of why the Quality of Life Ad Hoc Committee needs to meet. 5. ADJOURNMENT At 4:39 p.m., the meeting adjourned to Monday, January 28, 2013, at 3:30 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 1:00 p.m., Monday, February 4, 2013. GEORGEANN "GIGP' HANNA City Clerk © By ,v.s�i► Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 6 Printed 21612013