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Home My WebLink About04-01-2013 Jt. Reg Mtg Minutes ARp City of San Bernardino Mayor Patrick J. Morris �� 300 North "D" Street Council Members ° San Bernardino CA 92418 Virginia Marquez .//www Robert D. Jenkins "" . . http://www.sbcity.org or . � P� Y• g John Valdivia �a Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J McCammack MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 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 MONDAY,APRIL 1, 2013 COUNCIL CHAMBER 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 1:01 p.m., Monday, April 1, 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 1:00 P.M. Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. John Valdivia Council Member, Ward 3 Present 1:00 P.M. Fred Shorett Council Member, Ward 4 Present 1:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:00 P.M. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member, Ward 7 Present 1:00 P.M. Patrick J. Morris Mayor Present 1:00 p.m. L James F. Penman City Attorney Present 1:00 P.M. Georgeann "Gigi" Hanna City Clerk Present 1:00 p.m. Allen J. Parker " City Manager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Pagel Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 1. Closed Session - Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In 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 Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Grider announced that the following cases would be discussed in closed session: Under Agenda Item No. IA, existing litigation: City of San Bernardino, California v. State of California, et al. - United States Bankruptcy Court for the Central District of California, Case No. 6:13-AP-01127-MJ; Aspen Builders Inc. v. Regal Cinemas et al. - San Bernardino Superior Court, Case No. CIVDS 1210338. Under Agenda Item No. 1 C, anticipated litigation - initiation of litigation: Big Z Auto v. City of San Bernardino. Under Agenda Item No. 1 D,personnel: Public Works Director. Reading of Resolutions and Ordinances C� Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 Moment of Silence Mayor Morris requested a moment of silence in memory of Warner Hodgdon, Maria "Mary" Monge, and Teresa Hinojosa Franco. Invocation/Pledge of Allegiance The invocation was given by Chaplain Deborah Jones from Life Changing Ministries. The Pledge of Allegiance was led by Jenny Rosales, a fifth grade student from Barton Elementary School. 2. Appointments 3. Presentations 3A. Proclamation -- National Autism Month -- Council Member McCammack A proclamation declaring April 2013 as Autism Awareness Month and April 2, 2013, as World Autism Awareness Day was presented to Lillian Vasquez, Vice President, Inland Empire Autism Society Board and KVCR Marketing Coordinator. 3B. Solar Job Training-- PowerPoint Presentation by Stuart Haniff, Grid Alternatives 4. Announcements -- Elected Officials and Chamber of Commerce C. Patrick Milligan, San Bernardino Valley Municipal Water District, spoke about the $5 million Proposition 84 Grant for the 9th and "E" Streets Park. He stated that they had been told by the State of California that they could become the recipients of the funds as long as they were administered by a joint powers authority. Mr. Milligan advised that the deadline for approval of the agreement was April 15, 2013. City Attorney Penman stated that his office could have a document ready for the Council's review and action on April 15. Representative Ashley Jones from the Office of Cheryl R. Brown, Assembly Member representing the 47th District, announced that their district office is located in Vanir Tower on the 9th Floor, Suite 903, and they also have a satellite office which is located at Fontana City Hall, 8353 Sierra Avenue. She stated that the phone number at their district office is 909-381-3238 and their satellite office number is 909-350-7646. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated April 1, 2013. Mayor and Common Council of the City of San Bernardino Page 3 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 ......__ . .-- RESULT: ADOPTED [UNANIMOUS] 02:07:06 *' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. City Clerk Council Minutes - February 4, 2013; February 15, 2013; and February 19, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of February 4, 2013; February 15, 2013; and February 19, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 02:07:06 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6. Committee Consent 6A. Council Office Speed Hump Program (Continued from March 18, 2013.) It was the consensus of the Council that the City should be focusing on issues such as potholes, lighting, and tree trimming. Public Comments: Ralph Flower, San Bernardino Motion: Authorize the City Manager to Direct the Public Works Department to develop a Speed Hump Program and guidelines utilizing warrant requirements similar to the City's Stop Sign warrant format. RESULT: FAILED [2 TO 41 02:31:15 f MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 j AYES: John Valdivia, Chas A. Kelley NAYS: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Rikke Van Johnson ABSTAIN: Wendy J. McCammack Time that the motion/second was made,according to meeting video posted on City Web site. Mayor and Common Council of the City of San Bernardino Page 4 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 6B. Human Resources Job Description Revisions: Fire Engineer (P-3) and Fire Captain (P-4) (Recommended for Approval by the Personnel Committee) Motion: Approve job descriptions as proposed. -- .._.. . ..__ ., RESULT: ADOPTED [UNANIMOUS] 03:01:35 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Public Hearings to be Heard at 4 p.m. 7A. City Clerk RES. 2013-59 - Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. (Continued from March 18, 2013.) The hearing remained open. There were no public comments. Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and adopt the Resolution, removing Item No. 21 from the list; and that the City Attorney return to the Council with a legal opinion regarding the matter of non-profits. RESULT: ADOPTED [UNANIMOUS] 00:42:55 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. Continued Items 8A. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino Setting a Policy for Evaluations of Department Heads by the City Manager and a Policy for Salary Ranges for Incoming Department Heads. (Continued from March 18, 2013.) Council Member McCammack made a motion, seconded by Council Member Johnson, to table the item. Council Member Kelley made a motion, seconded by Council Member Valdivia, to rescind the prior motion for the purpose of having a discussion on the matter. Mayor and Common Council of the City of San Bernardino Page 5 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 Senior Assistant City Attorney Grider recommended that the Council first vote on the motion to table. Public Comments: John Valdivia, San Bernardino Motion: Table the matter. . ... _ .........I I.. RESULT: TABLED [5 TO 2] 03:02:40 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley ..._....._.._......... _..___ 8B. Parks, Recreation & Community Services RES. 2013-60 — Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding Resolution 2013-2 and Authorizing the City Manager to Execute a Revised Facility Use Agreement Between the City and Southern California Mountains Foundation (Formerly Known as San Bernardino National Forest Association), for the Urban Conservation Corps, for Use of 140 East 5th Street (The Butler Building) Located at Seccombe Lake Park. (Continued from March 18, 2013.) City Attorney Penman advised that a second revision of the agreement had been distributed to the Council highlighting the changes that were made on page 3. Council Member McCammack made a motion, seconded by Council Member Johnson, to adopt the resolution. The vote was taken following further discussion. Council Member Valdivia made a substitute motion, seconded by Council Member Kelley, to expand the agreement on the scope of services, as laid out in Exhibit A, with UCC providing general park maintenance and landscaping in and around Seccombe Lake Park and/or throughout other work zones within the San Bernardino City limits. City Manager Parker suggested that part of the problem has been recalcitrant staff in both Parks and Recreation and Public Works; however, he stated that with the new staff, himself included, that these problems can be worked out with or without an agreement. He stated that everybody understands UCC and the valuable service they provide, so staff is committed to provide them with what they need to help their cleanup efforts. Council Member Valdivia rescinded his substitute motion. Public Comments: Bobby Vega, San Bernardino James Mendoza, San Bernardino Keith Daugherty, San Bernardino Rebecca Miller, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 RESULT: ADOPTED [UNANIMOUS] 01:50:52 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack r 9. Staff Reports 9A. City Manager RES. 2013-61 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Finance Services Staffing. Motion: Adopt the Resolution. ..... ......... RESULT: ADOPTED [6 TO 11 03:06:50 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 9B. City Manager RES. 2013-62 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Third Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino Regarding Restructuring and Fiscal Analysis Services. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 03:06:50 1 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 9C. City Manager RES. 2013-63 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Two Additional Accountant Positions in the Finance Department. 0 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 RESULT: ADOPTED [5 TO 2] 03:07:48 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 9D. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED 16 TO 11 03:08:46 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia ........ ........ _ .. 9E. Fire RES. 2013-64 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of the On-Line Grant Application for the 2012 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) and Authorizing the San Bernardino City Fire Department to Accept and Administer the Grant. Council Member Johnson noted that on page 8 of the grant application, the Fiscal Year 2010 Budget contained an extra digit compared to the budget amounts for Fiscal Years 2011 and 2012. Chief Drasil stated that the amount of the Budget for Fiscal Year 2010 should have been listed as $31,445,243. Motion: Adopt the Resolution. RESULT ADOPTED [UNANIMOUS] 03:09:53 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9F. Human Resources Personnel Actions—Unclassified Council Member Shorett requested that separate votes be taken on the two positions. Mayor and Common Council of the City of San Bernardino Page 8 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures (Appointment — Harry D. Gobrecht — Deputy City Attorney). RESULT: ADOPTED [4 TO 3] 03:27:53 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Johnson, McCammack NAYS: John Valdivia, Fred Shorett, Chas A. Kelley Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures (Salary Adjustment — Aviana Cerezo — Executive Assistant to Mayor). RESULT: ADOPTED 15 TO 2] 03:25:54 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley . _. . . . . _......... ..... 9G. Human Resources RES. 2013-65 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing And Directing the City Manager to Issue a Request for Proposal for Employee Benefits Broker Consultant Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:29:20 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9H. Police RES. 2013-66 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Police Department to Accept and Administer a Grant in the Amount of $816,140.00 from the San Bernardino County Police Chiefs and Sheriffs Association for the Purpose of Addressing the Crime Impact of Public Safety Realignment and Approval to Create and Hire Part-Time Crime Data Technician Position at the Police Department. Public Comments: Jay Lindberg, San Bernardino Mayor and Common Council of the City of San Bernardino Page 9 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 Motion: Adopt the Resolution. ......... RESULT: ADOPTED [UNANIMOUS] 03:30:44 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013 (Continued from March 18, 2013.) A document entitled, "2010 Operation and Management Agreement California Theatre and the Sturges Center for the Fine Arts" was distributed to the Council and submitted into the record. Mayor Morris advised that he and Council Members Shorett, Kelley and Johnson would °^ abstain on this item because they are currently a member or have been a member of the ` .. SBEDC Board. They left the Council Chamber. Motion: Continue to May 6, 2013. ........ ........._.....__ _ _... . __ __ _... ------ RESULT: CONTINUED 14 TO 0] Next. 5/6/2013 1:30 PM MOVER: Virginia Marquez, Council Member, Ward 1 03:42:13 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Wendy J. McCammack ABSTAIN: Fred Shorett, Chas A. Kelley, Rikke Van Johnson 11. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, spoke about how the City's elected officials do not need to be in office anymore and said she was going to run for mayor. Bill Sandefur, San Bernardino, spoke about issues at Meadowbrook Park and Tower Apartments, including the need for security guards, security cameras, and a resident manager, especially in light of the recent homicide at the complex. Council Member Marquez stated that she is aware of the issues and is working with the onsite manager. ® Ralph Flower, San Bernardino, stated that he has an unsecured lot next to his house in Del Rosa that has been undeveloped since the Old Fire and he's had break-ins and other problems. He asked that the City require homeowners to secure their properties. Mayor and Common Council of the City of San Bernardino Page 10 Printed 41412013 Joint Regular Meeting Minutes April 1, 2013 Ron Sellers, San Bernardino, stated that the date the City uses as its incorporation date L may not be correct; and asked why people believe they are entitled to an ongoing salary after they retire. Teresa Parra-Craig, San Bernardino, stated that she is the new Marketing Manager for the Perris Hill Park Farmer's Market; invited the Mayor and Council to a ribbon cutting on May 7, 2013 at 5:30 p.m.; and announced that the Farmer's Fair will run every Tuesday until the end of October. Jay Lindberg, San Bernardino, stated that the elected officials played a strategic role in destroying the prosperity of the City and he didn't see any difference between what they do and what a panhandler does; suggested that maybe the City should challenge the law that states that you cannot force people who work in the City to live in the City because he's certain that the unions had a lot to do with that legislation; and announced that he now works for Sun Power. Barbara Babcock, San Bernardino, praised Officer Castro for treating an inebriated man with dignity and respect during an incident that recently occurred on Highland Avenue; and stated that she does not appreciate the way Larry Sharp has been treated at the Council meetings. 12. Adjournment The meeting adjourned at 7:35 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, April 15, 2013. GEORGEANN "GIGI"HANNA City Clerk By .uQ Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 11 Printed 41412013