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Home My WebLink About01-18-2011 Jt. Adj Reg Mtg Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JANUARY 18,2011 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CALIFORNIA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1 :30 p.m., Monday, January 10, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, January 10, 2011, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 11: 15 a.m., Tuesday, January 11,2011, on the City Hall breezeway bulletin board. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 5:40 p.m., Tuesday, January 18, 2011, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; Deputy City Clerk Sutherland. 01/18/2011 Absent: Council Member/Commissioner Desjardins. Council Member/Commissioner Desjardins arrived at 5:52 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 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. City Attorney Penman announced that there were some issues relative to Agenda Item No.3 that came up that should not be discussed in open session because of exposure to litigation. 2. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Director of Human Resources, dated January 18,2011, in accordance with Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 2 01/18/2011 3. Workshop for the Mayor and Common Council of the City of San Bernardino, California to discuss amending Chapter 9.92, Administrative Citation Process, and Chapter 9.93, Administrative Civil Penalties, of the San Bernardino Municipal Code City Manager McNeely stated that back in October Councilman Brinker requested that a special workshop be convened for the sole purpose of allowing for an opportunity to discuss options for the management of Administrative Citations and Administrative Civil Penalties (ACPs) and to adopt a set of uniform policies and procedures for the consistent application of citations by the City's multiple enforcement divisions. Bruce Dunams, Interim Code Compliance Manager, reviewed highlights of the staff report and identified the following four options for the management of Administrative Citations and Administrative Civil Penalties: Option 1 - Status Quo; Option 2 - A Hybrid Option (Staff's Recommendation); Option 3 - Repeal Administrative Citations, Section 9.92 of the San Bernardino Municipal Code; and Option 4 - Repeal Administrative Civil Penalties, Section 9.93 of the San Bernardino Municipal Code. A lengthy discussion ensued regarding when each type of citation is used, the types of violations, fine amounts, enforcement authority and inconsistencies, the hearing process and the possibility of contracting out services, the appeal process, inter-departmental communication and collaboration, and compliance. Submitted into the record was an intra-office memorandum addressed to James F. Penman, City Attorney, from Jamie J. Cimino, Administrative Analyst, dated January 18,2011, entitled, "Administrative Civil Penalties' Citation Totals." Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that they maintain the status quo with the exception that they use the Administrative Citation as the first warning, and if they encounter any problems along the way, then they would issue an ACP. If that was something they couldn't do, then he would direct the City Manager to work with the new Code Enforcement Director and the City Attorney's office to come up with a system that works-a consistent policy across the board so everybody would be on the same page. No vote was taken. Mr. Dunams explained that Option 2, the Hybrid Option, would accomplish exactly what Mr. Kelley was recommending in his motion. 3 01/18/2011 Public Comments: Joe Ortiz, San Bernardino, CA; Renee Affaitati, San Bernardino, CA; Ralph Affaitati, San Bernardino, CA; Amelia Lopez, San Bernardino, CA; Donna Howard, San Bernardino, CA. City Attorney Penman advised that if the Council were to enact Option 2 as recommended, it could cause serious legal problems. He recommended that the matter be continued for three to four months for further review and discussion. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Brinker, that Option 2 be approved making sure that it adheres to City Charter provisions. Council Member/Commissioner Brinker stated that what was before the Council was not the final product, but it was intended to give the Council direction as to which option they were interested in. They would have to sit down with the City Attorney's office to work on the actual language that would go into the ordinance to come up with something that was legally and financially sound. He stated that the concept of creating some consistent standards about when they would use Administrative Citations versus when they would use ACPs was what he was endorsing. He stated that they still had a lot of work to do and it would probably be discussed at the committee level prior to coming back to the full Council. Council Member/Commissioner Johnson amended his motion, seconded by Council Member/Commissioner Brinker, that the matter be referred to the Legislative Review Committee for further review with the focus on Option 2: Approve a Hybrid Option using both the Administrative Citations Process and Administrative Civil Penalties Process. The motion carried with Kelley and McCammack voting "no." 4. Adjournment At 8:39 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 24,2011. RACHEL G. CLARK City Clerk By ~..Jiliil/J/IfA--" Lmda Sutherland Deputy City Clerk 4 01/18/2011