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HomeMy WebLinkAbout05.B- City Clerk DOC ID: 2344 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/15/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes -- March 4, 2013; March 14, 2013; and March 18, 2013 (#2344) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the minutes of the Mayor and Common Council meetings of March 4, 2013, March 14, 2013, and March 18, 2013, as submitted. Synopsis of Previous Council Action: None. Backp_round: None. Supporting Documents: 03-04-2013 Jt. Reg. (Draft)_LS_gh_LH (DOCM) 03-14-2013 Jt. Special (Draft)_LS_gh_LH (DOC) 03-18-2013 Jt. Reg. (Draft)_LH_gh_LS (DOC) Updated: 4/10/2013 by Linda Sutherland Packet ' �5 MARCH 4 , 2012 MINUTES JTm REGULAR MEETING ( DRAFT ) 5.B.a „A'R" City of San Bernardino Mayor Patrick J. Morris 300 North "D” Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins htt //www.sbct or h� i Y• g John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES L R 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 g AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY M MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY i AND a� Cn MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY R L MONDAY,MARCH 4, 2013 COUNCIL CHAMBER M r The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was N called to order by Mayor Patrick J. Morris at 1:07 p.m., Monday, March 4, 2013, in the Council c Chamber, 300 North "D" Street, San Bernardino, California. c Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 p.m. .2 Robert D. Jenkins Council Member,Ward 2 Present 1:00 P.M. a 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. James F. Penman City Attorney Present 1:00 P.M. __.. _. _. Georgeann "Gigi" Hanna City Clerk Present 1:00 p.m. Allen Parker City Manager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Pagel "Packet Pg. 16 5.B.a Joint Regular Meeting Minutes March 4, 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: M T O N Refuse Division- one item. L R 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: Agenda Item 6A M N City hiring policies J i E. Closed session with Chief of Police on matters posing a threat to the security of rn public buildings or threat to the public's right of access to public services or J public facilities -pursuant to Government Code Section 54957. 1 R L F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. a� G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. r 0 N City Attorney Penman announced that the following additional items would be discussed o in closed session: o c Under Agenda Item No. 1 A, existing litigation: Civil Service Case No. P1212-2; U Under Agenda Item No. 1B, significant exposure to litigation: Agenda Item Nos. 9A 2 and 913 will be discussed under the City's bankruptcy court case; and Under Agenda Item No. 1D, personnel: Agenda Item No. 6A and City Hiring Policies will also be discussed under the City's bankruptcy court case. CLOSED SESSION ANNOUNCEMENT City Clerk Hanna announced that during closed session a motion was made by Council Member Shorett, seconded by Council Member Johnson, to reject the remaining employee MOUs. The motion carried with Jenkins,Valdivia and Kelley voting"no." Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 17' 5.B.a Joint Regular Meeting Minutes March 4, 2013 City Clerk Hanna announced that a motion was made by Council Member Shorett, seconded by I Council Member McCammack, to ask the City Clerk to remove the public hearing regarding refuse rates from the March 18, 2013 agenda. The motion carried with Valdivia and Kelley voting "no." 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 Frank Stallworth. M r O Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg from First Congregational L CU United Church of Christ. The Pledge of Allegiance was led by Paola Rodriguez, a fifth grade student from Anton Elementary School. ' N d 3 2. Appointments 2A. Mayor's Office N Appointment of Jessie Munoz to the Parks and Recreation Commission - Council Member Virginia Marquez Motion: Approve the appointment of Jessie Munoz to the Parks and Recreation Commission as requested by Council Member Virginia Marquez. U) RESULT: ADOPTED [UNANIMOUS] o MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack O 2B. Mayor's Office v Appointment of Carlos Figueroa to the Board of Fire Commissioners - Council Member M Fred Shorett ° w c Motion: Approve the appointment of Carlos Figueroa to the Board of Fire Commissioners as requested by Council Member Fred Shorett. R RESULT: ADOPTED [UNANIMOUS] Q MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 2C. Mayor's Office Appointment of Dustin Barnhardt to the Planning Commission - Council Member Rikke Van Johnson Motion: Approve the appointment of Dustin Barnhardt to the Planning Commission as requested by Council Member Rikke Van Johnson. Mayor and Common Council of the City of San Bernardino Page 3 Packet;Pg.1 S.B.a Joint Regular Meeting Minutes March 4, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 2D. Mayor's Office Appointment of Charle' Jacobs to the Parks & Recreation Commission- Council Member Rikke Van Johnson Motion: Approve the appointment of Charle Jacobs to the Parks & Recreation Commission as requested by Council Member Rikke Van Johnson. N RESULT: ADOPTED [UNANIMOUS] o MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack c 3. Presentations N 3A. Presentation to Platinum Futbol Club commending their success and contribution J to San Bernardino as they transfer to the Inland Empire Surf Soccer Club -- Mayor Morris Cn� 3B. Resolution of Commendation -- Karam Kaoud, Yellow Cab Taxicab driver who $� assisted Riverside police officers--Council Member Valdivia o 3C. Certificate of Recognition -- Wildwood Park volunteer Helen Patterson -- Mayor Morris M 3D. Certificates of Commendation -- Arroyo Valley High School Academic Decathlon N Varsity Team I and Junior Varsity Team 2 -- Council Member Johnson d 0 c� 3E. Chamber of Commerce Announcements -Jim Gerstenslager ° w c d 4. Announcements - Mayor, Members of the Common Council, and E Elected Officials w a Representative Carissa Cambare from Supervisor Josie Gonzales' office announced that the San Bernardino County's Transitional Assistance Department (TAD) is offering free tax preparation for individuals who earned less than $51,000 in 2012. She stated that anyone wishing to receive more information or make an appointment could call 909-252- 4903. The 7`" Annual ARMC (Arrowhead Regional Medical Center) Community 5K Walk/Run will be held at 7 a.m. on Saturday, March 9, 2013, at 400 N. Pepper Avenue, Colton. She stated that anyone interested in obtaining more information could call Supervisor Gonzales' office at 909-387-4565. Mayor and Common Council of the City of San Bernardino Page 4 PaCltet`Pg. 19i Joint Regular Meeting Minutes March 4, 2013 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 March 4, 2013. RESULT: ADOPTED [UNANIMOUS] 00:43:421 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 r 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N L CM G 5B. City Clerk Council Minutes - October 1, 2012; and October 15, 2012 a Motion: Approve the minutes of the Mayor and Common Council meetings of S October 1, 2012 and October 15, 2012, as submitted. IT - - — .......... M RESULT: ADOPTED [UNANIMOUS] 00:45:01 1 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 rn AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack �I r 5C. Community Development o ORD. MC-1386 – Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting the Facts, Findings and Statement of Overriding Considerations; Ix Certifying the Final Environmental Impact Report; Adopting the Mitigation Monitoring and Reporting Plan; and Adopting Development Code Amendment No. DCA 12-10 to c Add the Spring Trails Specific Plan to the List of Special Purpose Districts and N Recognize the Specific Plan's Development Standards. (FINAL READING) c M O Motion: Adopt the Ordinance. a� RESULT: ADOPTED [5 TO 1] 00:45:39 U f6 MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson ABSTAIN: Wendy J. McCammack ' Indicates timestamp of motion/second on meeting video posted on City web site. Mayor and Common Council of the City of San Bernardino Page 5 MINIM SB,a Joint Regular Meeting Minutes March 4, 2013 5D. Community Development ORD. MC-1387 — Ordinance of the City of San Bernardino Approving Development Code Amendment No. 13-01, to Revise the Development Code Regarding the Separation of the General Plan and Zoning Maps and to Establish New Standards and Procedures for Processing Zoning Map Amendments. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [4 TO 31 00:46:01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 0 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia, Wendy J. McCammack a 5E. Community Development r RES. 2013-41 — Resolution of the City of San Bernardino Supporting the Renewal, Expansion and Renaming of the San Bernardino County Recycling Market Development Zone. M N_ Motion: Adopt the Resolution. _ RESULT: ADOPTED [UNANIMOUS] 00:43:42 0� MOVER: Fred Shorett, Council Member, Ward 4 CO i SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack o as 5F. Parks,Recreation & Community Services RES. 2013-42 — Resolution of the Mayor and Common Council of the City of San M Bernardino Authorizing the City Manager to Execute Amendment No. 5 to Contract 10- N 318 with the County of San Bernardino Department of Aging and Adult Services c (DAAS), Accepting the Updated Grant Amount of $277,294 for the Period of July 1, M 2012 through June 30, 2013 for the Senior Nutrition Program and to Authorize Change Orders to Increase Annual Purchase Orders in an Amount Not to Exceed $138,000 in the Aggregate to Sysco Foods, Merit Day, and Ross Swiss, through FY 2012-13. R r w Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 00:49:06 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 [ AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 6 >*aalcot Pg. 1: S,B.a Joint Regular Meeting Minutes March 4, 2013 5G. Parks,Recreation & Community Services RES. 2013-43 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Amendment to the Standard Facility Lease Agreement with the County of San Bernardino, for the Second of Five One-Year Options to Operate a Family Resource Center at Nicholson Community Center. Motion: Adopt the Resolution; and authorize the Director of Finance to amend the FY 2012-2013 Parks &Recreation budget as outlined in the staff report. RESULT: ADOPTED [UNANIMOUS] 00:43:42 MOVER: Fred Shorett, Council Member, Ward 4 0 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack L 6. Committee Consent 6A. 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 N Ranges for Incoming Department Heads. J Motion: Continue to March 18, 2013. co RESULT: CONTINUED [5 TO 21 Next: 3/18/2013 1:30 PM ^� MOVER: Chas A. Kelley, Council Member, Ward 5 00:49:37 L SECONDER: John Valdivia, Council Member,Ward 3 AYES: Jenkins,Valdivia, Kelley, Johnson, McCammack NAYS: Virginia Marquez, Fred Shorett .......... .......... r 7. Public Hearings N 0 7A. City Clerk o 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 E Uncollected Business Registration Fees. U .. Mayor Morris opened the hearing. Q No public comments were received. Council Member McCammack requested that the non-profits that receive CDBG funding from the City be removed from the list. Motion: Remove from the list any non-profits that receive CDBG funding from the City and bring the item back on March 18, 2013. Mayor and Common Council of the City of San Bernardino Page 7 Packet=,Pg.22', 5.B.a Joint Regular Meeting Minutes March 4, 2013 0 RESULT: CONTINUED [UNANIMOUS] Next: 3/18/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 00:02:39 SECONDER: Chas A. Kelley, Council Member,Ward 5 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack 7B. Community Development RES. 2013-44 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Parcel Map No. 19330, Located on the Northeast Corner of Arrowhead and Central Avenues in the IL, Industrial Light Land Use District, Accepting the Public Dedications as Set Forth on Said Map; and Authorizing o Execution of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time for Performance Specified. Mayor Morris opened the hearing. d No public comments were received. Motion: Close the hearing; and adopt the Resolution. M RESULT: ADOPTED [UNANIMOUS] 00:03:18 = MOVER: John Valdivia, Council Member, Ward 3 Zi SECONDER: Robert D. Jenkins, Council Member, Ward 2 co AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack i L 7C. Community Development RES. 2013-45 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 2009-122 and the Planning Division Schedule of Fees to Bring the Schedule of Fees into Consistency with Recently Approved Revisions to the Development Code Regarding Development Application Processes as They Relate c to Administrative/Development Permits, Conditional/Minor Use Permits, and Temporary Use/Special Event Permits. M 0 The hearing remained open. c d E No public comments were received. Mr. Empefio from the City Attorney's Office said that this is a re-labeling of the fee, not a a new fee or an increase. In Resolution No. 2009 422, the conditional use permit for alcohol in existing buildings is currently a fee of$3,605. Staff is using that base as the fee for a minor use permit, so the fee for the alcohol outlet in an existing building is remaining the same and they are lowering the cost for other types of uses, which are labeled minor use permits, to that same amount instead of charging them the fee for a standard conditional use permit, which is $6,665. 0 Motion: Close the hearing; and adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 • +- Packet Pg.23 Joint Regular Meeting Minutes March 4, 2013 RESULT: ADOPTED [6 TO 01 00:04:59 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 { AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 8. Continued Items 8A. Information TechnoloLyy c Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a N Technology Use Policy. (Continued from February 19, 2013) L Motion: Continue to March 18, 2013. U) RESULT: CONTINUED [UNANIMOUS] Next: 3/18/2013 1:30 PM MOVER: Fred Shorett, Council Member, Ward 4 00:50:04 SECONDER: Rikke Van Johnson, Council Member, Ward 6 M AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack J t I 9. Staff Reports NI I 9A. City Attorney $ RES. 2013-46 — Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Execution of a Professional Services Agreement Between Mundell, Odlum & Haws and the City of San Bernardino for Legal Services in the Civil Service Case of Steve Casarez. M Motion: Adopt the Resolution. N - - _ ..... _ ---- a RESULT: ADOPTED [5 TO 11 00:51:28 0 MOVER: Wendy J. McCammack, Council Member, Ward 7 w c SECONDER: Robert D. Jenkins, Council Member, Ward 2 E AYES: Marquez, Jenkins, Kelley, Johnson, McCammack NAYS: Fred Shorett a ABSTAIN: John Valdivia _ . 9B. City Attorney RES. 2013-47 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement between Stephanie Easland and the City of San Bernardino for Legal Services. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 24 Joint Regular Meeting Minutes March 4, 2013 RESULT: ADOPTED [5 TO 11 00:59:30 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Fred Shorett ABSENT: Rikke Van Johnson 9C. Civil Service Personnel Actions - Classified c N Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San ; Bernardino. N c RESULT: ADOPTED [UNANIMOUS] 01:00:02 L MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack = j � J I 9D. Community Development CI "ROW RES. 2013-48 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with Transtech Engineers, Inc., for Building Official, Building Plan Check, Building Inspection, and NPDES Services; and with Hayer Consultants, Inc. for Building Plan Check Services. Motion: Adopt the Resolution; and authorize the Purchasing Manager to issue an c Annual Purchase Order to Hayer in the amount of$88,900 for plan check N services and an Annual Purchase Order to Transtech in the amount of 0 $88,900 for plan check, inspection and NPDES services, and an additional o Annual Purchase Order with Transtech for $6,000 for on-call Building Official services, with provisions for three single year renewal options for E plan check. _ w RESULT: ADOPTED [UNANIMOUS] 01:01:10 Q MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ......__ Mayor and Common Council of the City of San Bernardino Page 10 Joint Regular Meeting Minutes March 4, 2013 9E. Human Resources Establishment of Salaries for Fire Department Ranges P-1, P-2, P-3 and P-4, Effective August 1, 2012 (Fire Safety Bargaining Unit). Public Comments: Larry Sharp, Redlands James Smith, San Bernardino Jay Lindberg, San Bernardino City Attorney Penman recommended that the following language be added to Motion 2: "place on the agenda for March 18, 2013." 0 N Motion 1: Establish salaries for Fire Department Ranges P-1 (Firefighter), P-2 L (Paramedic), P-3 (Fire Engineer) and P-4 (Fire Investigator/Captain), effective August 1, 2012; and ' N d ar Motion 2: Authorize the Human Resources Division Manager to amend Resolution c No. 6429 to reflect the above action and place the amended Resolution on the agenda for March 18, 2013; and M N Motion 3: Authorize the Director of Finance to amend the FY 2012-13 budget. _ RESULT: ADOPTED [5 TO 2] 01:02:32 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack o NAYS: Virginia Marquez, Fred Shorett 9F. Human Resources Establishment of Salaries for Fire Department Ranges P-5, P-6 and P-7, Effective August N 1, 2012 (Fire Management Bargaining Unit). 0 .r Motion: Continue to March 18, 2013. � a� _ — -- — E RESULT: CONTINUED [5 TO 2] Next: 3/18/2013 1:30 PM ! Y MOVER: Wendy J. McCammack, Council Member, Ward 7 02:01:35 a SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Kelley, Johnson, McCammack NAYS: John Valdivia, Fred Shorett G Mayor and Common Council of the City of San Bernardino Page I1 Packet Pg. 26 Joint Regular Meeting Minutes March 4, 2013 9G. Human Resources Establishment of Salaries for Police Department Ranges P-1, P-2, P-3 & Law Enforcement Trainee, Effective August 1, 2012 (Police Safety Bargaining Unit). Public Comments: Alycia Enciso, San Bernardino City Attorney Penman recommended that the following language be added to Motion 2: "place on the agenda for March 18, 2013." Motion 1: Establish salaries for Police Department Ranges P-1 (Police Officer), P-2 0 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee, effective August 1, 2012; and i c� Motion 2: Authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action and place the amended Resolution on a the agenda for March 18, 2013; and c Motion 3: Authorize the Director of Finance to amend the FY 2012-13 budget. .-_._... —_._... ...—— ._.. ch N RESULT: ADOPTED [5 TO 21 02:02:30 _ MOVER: Robert D. Jenkins, Council Member, Ward 2 Ji SECONDER: John Valdivia, Council Member,Ward 3 Cn i AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack J NAYS: Virginia Marquez, Fred Shorett 0 9H. Human Resources d Establishment of Salaries for Police Department Ranges P-4, P-5, P-6, and P-7, Effective August 1, 2012 (Police Management Bargaining Unit). M r O Motion: Continue to March 18, 2013. N RESULT: CONTINUED [5 TO 21 Next: 3/18/2013 1:30 PM o MOVER: Wendy J. McCammack, Council Member, Ward 7 02:01:35 SECONDER: Virginia Marquez, Council Member, Ward 1 E AYES: Marquez, Jenkins, Kelley, Johnson, McCammack r NAYS: John Valdivia, Fred Shorett `L 91. Human Resources 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. Motion: Continue to March 18, 2013. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.27 Joint Regular Meeting Minutes March 4, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 3/18/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 02:12:02 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9J. Public Works RES. 2013-49 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing approval of Contract Change Order No. 1 to Hillcrest Construction Co. for Pavement Rehabilitation on Five City Streets at "K" Street, Oak Street to Rialto Avenue (SS11-011); Evans Street, Western Avenue to Mt. Vernon N Avenue (SS12-017); 15th Street, Western Avenue to Mt. Vernon Avenue (SS12-016); Magnolia Avenue, Western Avenue to Mt. Vernon Avenue (SS12-005); and Medical Center Drive, Home Street to 16th Street(SS11-003). d Motion: Adopt the Resolution. _ c RESULT: ADOPTED [UNANIMOUS] 02:12:56 MOVER: John Valdivia, Council Member,Ward 3 E M SECONDER: Chas A. Kelley, Council Member, Ward 5 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack rn 10. Public Comments on Items Not on the Agenda -� Ernie Garcia, San Bernardino, announced that the National Orange Show Art Gallery's travelling photography exhibit will open Friday, March 8, 2013, and the hours of ° operation will be Tuesday through Saturday, from 12 p.m. to 6 p.m. 6 Betty Jean Long, San Bernardino, stated that one of the City Council members has a business that made signs for Jim Penman; and spoke about low income senior housing c costs being too high at her senior housing complex. 0 Sandra Owens Olivas, San Bernardino, announced upcoming events being hosted by the o San Bernardino Historical and Pioneer Society and urged people to join. E Shirley Harlan, San Bernardino, thanked the Council for the commissioner luncheon; and promoted the 011ie McDonald Senior Talent Showcase which will take place on Q Saturday, March 16, 2013, at 1:30 p.m. at the Sturges Center for the Fine Arts. Tickets are $7 for adults and $5 for children. David McCammack, San Bernardino, announced that the "Valor Beyond the Call of Duty" event on March 12, 2013, at the San Manuel Student Union at Cal State University San Bernardino, from 8:15 to 10:30 a.m. Anyone interested in attending should contact Marcie Daniels at daniels @csusb.edu or call 909-537-5196; and announced that the Disabled American Veterans would be holding their annual golf tournament on Saturday, April 20, 2013, at the San Bernardino Golf Club at 1494 S. Waterman Avenue. Anyone wanting more information could call Joseph Board at 909-792-4150 or Joseph Mena at 909-434-5659. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.28' Joint Regular Meeting Minutes March 4, 2013 Joe Arnett, San Bernardino, spoke about San Bernardino's low income housing projects being flawed and have all but destroyed the City and stated that it was unfair to blame safety units for a decade of misguided policies that have driven down property values and weakened the tax base across the board. He stated that the bankruptcy Pendency Plan is only a temporary financial solution and that cost-cutting measures and newly-levied taxes will not suffice to cover the long-term City's fixed and variable expenses. The Plan does not address the crime rate, poverty, the eroded tax base or any other quality of life issues which are necessary to begin a new foundation. Jay Lindberg, San Bernardino, stated that Calfire employees make a lot less money; there will never be enough cops to make the City safe; questioned how the City could r have a major university and have such a low per capita income; stated that he is selling solar products; and gave the Council a rough idea of where solar is right now. L Jim Smith, San Bernardino, announced the grand opening of the Norton AFB Museum ; at 2 p.m. on Wednesday March 13, 2013. He stated that they are in need of donations and that anyone interested in donating memorabilia should call Kat Pritchert at 909-709- 2688. Rory Murray, San Bernardino, spoke about the McDonalds' Museum on "E" and 14th; N and urged the Mayor and Council to continue to hold the Route 66 Rendezvous. He stated that San Bernardino has a lot of great people and they really need this event. t Mayor Morris stated that the event is owned by the San Bernardino Convention and rn� Visitors Bureau and they have looked very long and hard at the opportunity to put it on this year. They have worked with Jack Brown and Stater Bros. on that project and it was suggested that we take a hiatus for one year given the City's financial situation. o a� 11. Adjournment w The meeting adjourned at 7:11 p.m. The next joint regular meeting of the Mayor and M Common Council and the Mayor and Common Council Acting as the Successor Agency o to the Redevelopment Agency is scheduled for 1:00 p.m., Monday, March 18, 2013. 0 ch 0 GEORGEANN"GIGI" HANNA City Clerk s v r By a Linda Sutherland Deputy City Clerk C Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.29 MARCH 14, 2012 MINUTES JT . SPECIAL MEETING ( DRAFT ) ' ' �' City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Mar uez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett 3 � �* Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY M N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING = AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY Ji AND co J MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING ! AS THE HOUSING AUTHORITY 0 MONDAY, MARCH 14, 2013 cII COUNCIL CHAMBER a The joint special meeting of the Mayor and Common Council of the City of San Bernardino was M r called to order by Mayor Patrick J. Morris at 2:34 p.m., Thursday, March 14, 2013, in the N Council Chamber, 300 North "D" Street, San Bernardino, CA. 0 Roll Call Y Attendee Name Title Status Arrived E Virginia Marquez Council Member,Ward 1 Present 2:30 p.m. Robert D. Jenkins Council Member,Ward 2 Present 2:30 p.m. a John Valdivia Council Member,Ward 3 Present 2:30 p.m. Fred Shorett Council Member, Ward 4 Present 2:30 p.m. Chas A. Kelley Council Member,Ward 5 Present f 2:30 p.m. Rikke Van Johnson Council Member,Ward 6 Present 2:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 2:30 p.m. Patrick J. Morris Mayor Present 2:30 p.m. James F. Penman City Attorney Present 2:30 p.m. Georgeann "Gigi"Hanna City Clerk Present 2:30 p.m. Allen Parker City Manager Present 2:30 p.m. Mayor and Common Council of the City of San Bernardino Page] Paget Pg.30 Joint Special Meeting Minutes March 14, 2013 0 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. 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: 0 N Dissolution of the former Redevelopment Agency of the City of San Bernardino, L pursuant to ABxI 26(June 2011) and AB 1484 (June 2012). C. Conference with legal counsel - anticipated litigation - initiation of litigation - d pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. M 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. 0 i F. Conference with labor negotiator - pursuant to Government Code Section —ji 54957.6. L 0 G. Conference with real property negotiator - pursuant to Government Code Section �a 54956.8. a 2. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF o SAN BERNARDINO v 0 2A. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic E Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013. w a Motion: Continue to March 18, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 3/18/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Wendy J. McCammack ABSENT: John Valdivia, Chas A. Kelley, Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.31 Joint Special Meeting Minutes March 14, 2013 3. Public Comment for Items not on the Agenda There were no public comments. 4. Adjournment The meeting adjourned at 4:52 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, March 18, 2013. GEORGEANN "GIGI" HANNA r 0 City Clerk s L By Linda Sutherland ' Deputy City Clerk = co M N J t I I J M L 0 U Q Cn M r 0 N r M 0 C E L V Rf r Q Mayor and Common Council of the City of San Bernardino Page 3 packet Pg.32' MARCH 18 , 2012 MINUTES JT . REGULAR � MEETING ( DRAFT) 5.B.c Morris 300 City of San Bernardino Mayor Patrick J ty 300 North D" Street Council Members Virginia Marquez 6 San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett ID t 1 Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES L 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 v M MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY 1 AND 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY 2 L 0 MONDAY, MARCH 18, 2013 ds COUNCIL CHAMBER 4) w The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino M was called to order by Mayor Patrick J. Morris at 1:17 p.m., Monday, March 18, 2013, in the N Council Chamber, 300 North "D" Street, San Bernardino, California. cc I M Roll Call ° y 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 1:15 p.m. Q Fred 3horett Council Member, Ward 4 Present 1:00 P.M. Chas A. Kelley Council Member,Ward 5 Present 1:00 P.M. Rikke Van Johnson 1 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. James F. Penman City Attorney Present 1:00 P.M. C) Georgeann "Gigi" Hanna City Clerk Present 1:00 p.m. Allen J. Parker CityManager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 33 Joint Regular Meeting Minutes March 18, 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. M C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision(c) of Government Code Section 54956.9: L City v. McAlister Investments, Inc. - 864 S. Eucalyptus v� D. Closed Session-personnel -pursuant to Government Code Section 54957: Pay-outs. v Cl) 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 Cn public facilities -pursuant to Government Code Section 54957. 0 F. Conference with labor negotiator - pursuant to Government Code Section 3:i 54957.6. L Q G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. w 2. Appointments r 0 N 00 3. Presentations M 0 w 3A. Newmark Little League 60th Anniversary- Council Member Kelley s U 3B. Citizen of the Month - Curtis Stout- Council Member Johnson a 3C. Student of the Month-Vyvy Nguyen - Council Member Johnson 3D. I-10 Corridor Project- PowerPoint Presentation by Garry Cohoe of SANBAG 3E. "Count Me In! San Bernardino" - PowerPoint Presentation 3F. San Bernardino Hometown Heroes Military Banner Program - Council Member Johnson Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.34 S.B.c Joint Regular Meeting Minutes March 18, 2013 Honorees: Celia J. Arellano, Marine Jesse Andrew Caballero, Army Teresa Delgado, Army Joseph Margarito Flores,Navy Mario Mayorquino, Army National Guard Adrian Anthony Ortiz, Marine Arthur Leonardo Perez, Army Reserves Robert Joseph Quinonez,Navy Amanda Nicole Salcedo,Navy M 4. Announcements - Elected Officials and Chamber of Commerce o Mayor Morris asked people to keep in prayer the life of Warner Hodgdon, who was instrumental in the development of San Bernardino and is currently in Hospice. 5. Consent Calendar 3 5A. City Clerk Waive Full Reading of Resolutions and Ordinances �r M Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated March 18, 2013. Cn i RESULT: ADOPTED [UNANIMOUS] 02:05:44 t =i MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack as 5B. City Clerk w Minutes of the Mayor and Common Council Meetings of November 5, 2012; November r 19, 2012; and November 26, 2012 N co Motion: Approve the minutes of the Mayor and Common Council meetings of o November 5, 2012; November 19, 2012; and November 26, 2012, as submitted. -_--___ _._ E RESULT: ADOPTED [UNANIMOUS] 02:05:44 MOVER: Fred Shorett, Council Member, Ward 4 a SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5C. City Clerk Minutes of the Mayor and Common Council Meetings of January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013; and January 28, 2013 1 Time that the motion/second was made,according to meeting DVD on file in the City Clerk's Office Mayor and Common Council of the City ofSan Bernardino Page 3 Packet Pg.35 5.B.c Joint Regular Meeting Minutes March 18, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013; and January 28, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 02:05:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson*, McCammack *Because he was not in attendance, Council Member Johnson abstained from voting on the following minutes: January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013. 0 N 6. Committee Consent L C� C 6A. Council Office Speed Hump Program w 3 C City Manager Parker requested a continuance since he had not had an opportunity to meet with the Legislative Review Committee and the acting public works director on this item. Itt M N_ Public Comments: U) Shirley Harlan, San Bernardino -J i Motion: Continue to April 1, 2013. �I RESULT: CONTINUED [6-1] Next: 4/1/2013 1:30 PM 2 MOVER: Wendy J. McCammack, Council Member, Ward 7 02:07:30 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack NAYS: Virginia Marquez T _ N 00 O 6B. Human Resources Job Description Revisions: Animal Control Manager, Library Program Coordinator and Police Captain(U) E s Motion: Approve job descriptions as proposed. Q RESULT: ADOPTED [6 TO 11 02:25:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia j Mayor and Common Council of the City of San Bernardino Page 4 A Fs-a.71 Joint Regular Meeting Minutes March 18, 2013 7. Public Hearings 7A. City Clerk 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 4, 2013) The hearing remains open. There were no public comments. M r Motion: Continue to April 1, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 01:15:58 ; SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack c v 8. Continued Items J 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 4, 2013) 0 Motion: Continue to April 1, 2013. a, a� RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 02:29:00 r 0 SECONDER: Rikke Van Johnson, Council Member, Ward 6 `� co AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M 0 c m E 8B. Human Resources Establishment of Salaries for Fire Department Ranges P-5 (Battalion Chief, Fire r Management Bargaining Unit), Effective August 1, 2012, P-6 (Deputy Fire Chief) and P- Q 7 (Fire Chief), Effective March 18, 2013. (Continued from March 4, 2013) Public Comments: Larry Sharp, Redlands Shirley Harlan, San Bernardino Mayor and Common Council of the City of San Bernardino Page 5 Packet-Pg.37 :c Joint Regular Meeting Minutes March 18, 2013 Motion: Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), effective August 1, 2012, and P-6 (Deputy Fire Chief) and P-7 (Fire Chief), effective March 18, 2013; authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2012-13 budget. RESULT: ADOPTED [5 TO 21 02:30:10 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 M AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack N NAYS: Virginia Marquez, Fred Shorett j L G N 8C. Human Resources ' Establishment of Salaries for Police Department Ranges P-4 (Lieutenant), and P-5 c (Captain), Effective August 1, 2012 (Police Management Bargaining Unit), and P-6 (Assistant Police Chief) and P-7 (Police Chief), Effective March 18, 2013. (Continued from March 4, 2013) N Public Comments: Ji Jim Smith, San Bernardino x J Motion: Establish salaries for Police Department Ranges P-4 (Lieutenant) and P-5 (Captain), effective August 1, 2012, and P-6 (Assistant Police Chief) and P-7 (Police Chief), effective March 18, 2013; and authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY r 2012-13 budget. _ T 0 RESULT: ADOPTED [5 TO 21 02:46:54 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: John Valdivia, Council Member, Ward 3 c AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Virginia Marquez, Fred Shorett a 8D. Human Resources RES. 2013-51 - 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 March 4, 2013) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 �PacKet Pg.38 Joint Regular Meeting Minutes March 18, 2013 . RESULT: ADOPTED [UNANIMOUS] 02:56:48 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack 8E. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. (Continued from March 4, 2013) M Motion: Table the matter. o N RESULT: TABLED [UNANIMOUS] 02:57:42 co MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 d AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack _ M 9. Staff Reports co J 9A. City Attorney s RES. 2013-52 - Resolution of the Mayor and Common Council of the City of San =i Bernardino Authorizing the Execution of a Lease with the County of San Bernardino for the Premises Located at 3250 Harrison Avenue. 0 Motion: Adopt the Resolution. a, d RESULT: ADOPTED [UNANIMOUS] 02:58:24 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: Chas A. Kelley, Council Member, Ward 5 N 00 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack :s C CD E 9B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino w Authorizing the Mayor to Execute on Behalf of the City an Amended and Restated Joint Q Exercise of Powers Agreement Creating an Agency to be Known as the San Bernardino Regional Water Resources Authority. Public Comments: Mark Buhlot, San Bernardino Valley Municipal Water District, spoke in support of the item. 0 Mayor Morris read into the record an alternate motion to be considered in place of adopting the resolution. Mayor and Common Council of the City of San Bernardino Page 7 _. ftckefi-FtJ;°39 Joint Regular Meeting Minutes March 18, 2013 Motion: Authorize the City Manager to submit a letter to the California State Department of Parks requesting authorization for the City to transfer the $5 million Proposition 84 Grant for the 91h and"E" Streets Park to the San Bernardino Regional Water Resources Authority, subject to approval by the State Department of Parks and execution of the required agreements and documentation. RESULT: ADOPTED [UNANIMOUS] 03:00:22 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member,Ward 7 M AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N -- -- - U L 9C. Civil Service Personnel Actions - Classified c Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies M adopted by the Mayor and Common Council of the City of San Bernardino. N J RESULT: ADOPTED [UNANIMOUS] 03:05:31 xl MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 I L AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack o d 9D. Council Office Election of Mayor Pro Tempore N co Council Member Kelley made a motion, seconded by Council Member Johnson, to 0 nominate Council Member Fred Shorett to serve as Mayor Pro Tempore until March 17, 2014. d E Council Member McCammack made a substitute motion to nominate Council Member Robert Jenkins to serve as Mayor Pro Tempore until March 17, 2014. The motion died 1 for lack of a second. Motion: Nominate and Elect Council Member Fred Shorett to serve as Mayor Pro Tempore until March 17, 2014. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg:40 Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [4 TO 31 03:08:21 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: John Valdivia, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Virginia Marquez, Robert D. Jenkins, Wendy J. McCammack 9E. Council Office San Bernardino Hometown Heroes Military Banner Program M Council Member Johnson noted that some of the Council members had asked that the N banners be installed in a certain area so that they look more appropriate. He stated that he had gone around town and looked for areas that would be centralized and provided his findings to the Mayor and Council for their information. Consensus: Receive and file committee update. v 9F. Human Resources N Personnel Actions-Unclassified N J I Motion: Approve the unclassified personnel actions, as submitted by the Human a, Resources Division Manager, in accordance with City policies and xx procedures. I RESULT: ADOPTED [UNANIMOUS] 03:13:48 0 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins, John Valdivia C°, --- —_ .................... co M 9G. Human Resources = a� RES. 2013-53 - Resolution of the City of San Bernardino Amending Resolution No. E 6429, Entitled in Part "A Resolution...Establishing a Basic Compensation Plan for Officers And/Or Employees of the Police and Fire Departments of the City of San Q Bernardino. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pd-""---41 S.B.c Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [4 TO 21 03:14:54 ' MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: John Valdivia, Chas A. Kelley, Rikke Van Johnson, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett ABSENT: Robert D. Jenkins 9H. Human Resources RES. 2013-54 - Resolution of the Mayor and Common Council of the City of San M Bernardino Authorizing the Execution of a Vendor Services Agreement Between York N Risk Services Group and the City of San Bernardino for Workers' Compensation Third Party Claims Administrator Services. CU Motion: Adopt the Resolution. r RESULT: ADOPTED [UNANIMOUS] 03:16:08 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins �I J I 9I. Library Request from the Library Board of Trustees to Amend the Proposed Library Pre- ° Pendency Plan to Provide for the Continued Operation of the Rowe Branch Library, the Operation of the Dorothy Inghram Branch Library as a Joint-Use Partnership and the w Closure of the Paul Villasenor Branch Library Within an Overall Library Budget that Does Not Exceed$1.6 Million. o co N Acting Library Director Deborah Clark introduced the Library Board of Trustees' approved Branch Sustainability Report and explained the work the board has done in the ° past six months to keep the branch libraries open. E Council Member Johnson made a motion, seconded by Council Member McCammack, to r approve the proposals for action established by the Library Board of Trustees in the a Branch Sustainability Report. No vote was taken. Public Comments: Shirley Harlan, San Bernardino Michael Jose Avila, San Bernardino Curtis Stout, San Bernardino Pastor Hodari, Senior Pastor, New Hope Missionary Baptist Church, who has stepped forward with his congregation to provide the ongoing partnership with the City to retain the Inghram branch library Dr. Milton Clark, Chair, Library Board Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg.42 Joint Regular Meeting Minutes March 18, 2013 Council Member Valdivia made a substitute motion, seconded by Council Member Kelley, to approve the proposals for action (Bullet points 2-5) established by the Library Board of Trustees in the Branch Sustainability Report, but continue the closure of the Villasenor branch library (Bullet 1) for 30 days. Council Member McCammack asked Council Member Valdivia if he would accept an amendment to his substitute motion to leave Villasenor branch library open for 30 days with a donation of funding from the Seventh Ward and First Ward travel budgets, which would take care of 30 days of operation. Final Substitute r Motion: Approve the proposals for action (bullet points 2-5) established by the N Library Board of Trustees in the Branch Sustainability Report, but L continue the closure of the Villasenor branch library (bullet 1) for 30 days, using both Council Member Marquez' and Council Member McCammack's travel budgets for funding in the meantime. w RESULT: ADOPTED [UNANIMOUS] 04:02:45 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 N AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack Cn ABSENT: Robert D. Jenkins a� x There appeared to be some confusion over whether the Inghram branch library would remain open or be closed for the 30-day transition period until all the partnership 2 agreements were in place. 0 d Motion: To rescind the previous motion. r M RESULT: ADOPTED [UNANIMOUS] 04:10:10 N MOVER: Wendy J. McCammack, Council Member, Ward 7 co SECONDER: Chas A. Kelley, Council Member, Ward 5 M 0 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins �a Council Member McCammack stated that she thought Ms. Clark was worried that there a could be a need for an additional amount of money to keep Inghram open for the time it would take to get the partnership agreements finalized. Dr. Clark stated that the Board would take the funds from their investment fund, if necessary. City Attorney Penman and Council Member Johnson both offered to donate their travel budgets. Mayor and Common Council of the City of San Bernardino Page 11 Picket Pg.43 5.B.c Joint Regular Meeting Minutes March 18, 2013 Motion: To retain both the Villasenor and Inghram branch libraries at 20 hours per 0 week, for 30 days from this date, to allow the Council team of Marquez and Valdivia to attempt to put together a plan for Villasenor and to allow the Inghram branch library to remain open during its 30-day transition period. RESULT: ADOPTED [UNANIMOUS] 04:11:21 j MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins N U L 9J. Parks, Recreation & Community Services Z 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 M Park. N J Motion: Continue to April 1, 2013. =1 rn RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 04:14:42 SECONDER: Fred Shorett, Council Member, Ward 4 0 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack d ABSENT: Robert D. Jenkins M r O N 9K. Police co RES. 2013-55 - Resolution of the Mayor and Common Council of the City of San c Bernardino Authorizing the Execution of Amendment No. 1 to the Animal Control and Housing Agreement Between the City of San Bernardino and the City of Grand Terrace. E U Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:19:14 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg4 5Bc Joint Regular Meeting Minutes March 18, 2013 9L. Public Works RES. 2013-56 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Quitclaim Deed to La Placita on 2nd Street, LLC for a Storm Drain Easement and Slope Easement Within Assessor's Parcel Number 0138-263-03, Generally Located East of Metrolink Way and North of 2nd Street. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:20:25 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 c AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins N d 7 9M. Public Works RES. 2013-50 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order M in the Amount of$260,000 to Pro Tech Engineering Corp. for the Repair, Replacement N and Upgrade of the Street Lighting System at Various Locations in the City of San J Bernardino. i rn i Motion: Reject the bid of Unique Performance Construction as it was non- -i responsive and adopt the Resolution. $ M RESULT: ADOPTED [UNANIMOUS] 04:21:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack CO) 0 ABSENT: Robert D. Jenkins o M O i+ C 9N. Public Works RES. 2013-57 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to KAD Paving Company for Pavement Rehabilitation on Two City Streets: Irvington Avenue, from Olive Avenue to Pine Avenue, Plan No. Q 12800 (SS 11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS 11-013). Motion 1. Adopt the Resolution Awarding a Contract to KAD Paving Company for Pavement Rehabilitation on Two City Streets: Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS 11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS 11-013) in the amount of$272,323.50; and Mayor and Common Council of the City of San Bernardino Page 13 P-.acktit P§.,' 5!, 5.B.c Joint Regular Meeting Minutes March 18, 2013 2. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $66,450 in previously unallocated Proposition 113 Local Streets and Road Funds (Fund 258) to Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS-11-014); and 3. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $28,473 in previously unallocated Proposition 1B Local Streets and Road Funds (Fund 258) to Belmont Avenue from Olive Avenue to Palm Avenue, Plan No. 12804, (SS11-013); and 4. Direct the Finance Director to make the associated changes to the current budget amendments as identified in Motions 2 and 3, above, issue the corresponding M purchase orders; and N 5. Authorize the City Manager to execute change orders up to 10% of the contract amount. , RESULT: ADOPTED [UNANIMOUS] 04:22:17 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack N ABSENT: Robert D. Jenkins J 90. Public Works =I J RES. 2013-58 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Consenting to the San Bernardino International Airport Authority Right of Way Acquisition Procedures to be Undertaken, Pursuant to the San Bernardino International Airport Authority Joint Powers Agreement. a: Motion: Adopt the Resolution. M 0 RESULT: FAILED * 04:33:36 MOVER: Wendy J. McCammack, Council Member, Ward 7 M CD SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Shorett, Kelley, Johnson, McCammack E NAYS: John Valdivia ABSENT: Robert D. Jenkins Q *City Attorney Penman advised that six votes were needed to approve this item because this is an eminent domain action and under the JPA there must be a 4/5th vote of the legislative body, which is a minimum of six votes. Motion: To reconsider Agenda Item No. 90. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.46 S.B.c Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [UNANIMOUS] 05:03:53 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 05:04:18 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 M AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack N NAYS: John Valdivia L i 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. Mayor's Office M Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset co Transfer Review Report Dated March 6, 2013 (Continued from March 14, 2013) i Mayor Morris stated that he and Council Members Shorett, Kelley, and Johnson would i abstain on this item because they have served on the EDC Board formed by the Council in early 2011. o City Attorney Penman advised that the conflict is that they are discussing transferring back from the San Bernardino Economic Development Corporation (SBEDC) approximately 200 properties and the liability on those properties from the SBEDC back r to the City as the Successor Agency to the Redevelopment Agency. The SBEDC agreed N to transfer the properties back provided that the City assumes the liability of the SBEDC. If the City doesn't assume the liability, the Mayor and Council members who are serving c and who have served on the SBEDC Board could be personally liable for the liabilities. For those reasons under the common law doctrine of conflict of interest they need to declare their conflict and leave the Council Chamber. For the record the Mayor and Council Members Shorett, Kelley, and Johnson agreed with Mr. Penman's statement, w thereby declaring their conflict, and left the Council Chamber. Q Motion: Continue to April 1, 2013. RESULT: CONTINUED [4 TO 0] Next: 4/1/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 05:07:08 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Wendy J. McCammack ABSTAIN: Fred Shorett, Chas A. Kelley, Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 15 Packet Pg.47 5.B.c Joint Regular Meeting Minutes March 18, 2013 11. Public Comments on Items Not on the Agenda Omar Castro, field representative with Fifth District County Supervisor Josie Gonzalez, introduced himself and invited low income people to avail themselves of tax programs by calling 877-410-8829. Marisa Hernandez, San Bernardino, said the children who play Little League at Seccombe Lake do not have restrooms or water available. Council Member Valdivia asked Jorge Carlos of the Council Office to follow up with Ms. Hernandez. Ralph Flower, San Bernardino, said he was concerned with the vacant lots left by the Old Fire. He proposed that the City require home/property owners to secure the vacant r, lots. N Betty Jean Long, San Bernardino, said the Mayor is a crook and she said she would pursue the issue of how the City is broke. a Nellie Frasier, San Bernardino, stated that she was concerned about the mortuary = grounds at Pioneer Park cemetery, with homeless people sleeping on the land, hanging out and running over headstones. v Shirley Harlan, San Bernardino, said people who come to speak before the Council on !"Ls issues should not be harassed or attacked, and they should not have to be a resident of the J City in order to speak on an issue. When it happens, someone needs to step up and say -11 that it is unacceptable. x Scott Olson, San Bernardino, said the state is controlled by democrats and when we look at financial issues, the destruction of EDA is due to this. He also voiced his support of Paul Leon,in the 32nd Assembly District. ° d Jim Smith, San Bernardino, commended Council Member Shorett for being elected mayor pro-tem, and lauded Council Members Marquez, Johnson and McCammack for encouraging the Hometown Heroes program. He also said that the opening of the Norton o Air Base Museum was fantastic, thanked the council members in attendance, and spoke o about plans for the museum's future, and sought donations of Norton AFB memorabilia. M 0 Sandra Owen Olivas, San Bernardino, asked if the Council's decision on item 90 would cause other large companies to pull out for lack of infrastructure, and worried that the E City would lose jobs. Judy Brewer, San Bernardino, thanked the Council for working together and said she Q supports the City and all of the Council. Mayor and Common Council of the City of San Bernardino Page 16 Packet-0 ".48 :` —C $.c Joint Regular Meeting Minutes March 18, 2013 12. Adjournment At 8:20 p.m. the meeting adjourned. 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 1, 2013. GEORGEANN"GIGI"HANNA City Clerk By 0 Linda E. Hartzel "' Deputy City Clerk u� a� w M N N J I J I co L 0 M T 0 N 00 M O w C E s w Q Mayor and Common Council of the City of San Bernardino Page 17 Packet Pg.49'