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HomeMy WebLinkAbout05-21-2012 Jt. Reg Mtg Minutes Q RN�D City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members "a San Bemardino, CA 92418 Virginia Marquez Robert D. Jenkins S http://www.sbcity.org John Valdivia Fred Shorett D 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 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,MAY 21,2012 COUNCIL CHAMBERS The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:35 p.m., Monday, May 21,2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 PM Robert D. Jenkins Council Member, Ward 2 Present 1:13 PM John Valdivia Council Member, Ward 3 Present 1:36 PM Fred Shorett Council Member, Ward 4 Present 1:33 PM Chas A. Kelley Council Member, Ward 5 Present 3:33 PM Rikke Van Johnson Council Member, Ward 6 Present 1:29 PM Wendy J. McCammack Council Member, Ward 7 Present 3:33 PM 0 Patrick J. Morris Mayor Present 2:49 PM James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 11:34 AM Andrea Travis-Miller Acting City Manager Present Mayor and Common Council of the City of San Bernardino Page] Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Estate of Nash v. City of San Bernardino, et al. - U.S. District Court, Case No. CV09-08671 RGK(FFMx); Nguyen v. City of San Bernardino; and Does 1 through 100, Inclusive - San Bernardino Superior Court, Case No. CIVDS 1003080; Samatua v. City, et al. - San Bernardino Superior Court, Case No. CLADS 917832. 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 the following additional cases would be discussed in closed session: San Bernardino Police Officer's Association v City of San Bernardino et al. - San Bernardino Superior Court, Case No. CIVDS 1204949; i San Bernardino City Professional Firefighters Brian Crowell and Byron Kuhn v Citv of San Bemardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967. Two items under Agenda Item No. 1B, significant exposure to litigation, pursuant to Government Code Section 54956.9 (b) (3) (A) - Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not Vbe disclosed; and Agenda Item No. 8C. i Mayor and Common Council of the City of Son Bernardino Page 2 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams from the Rock Church. The Pledge of Allegiance was led by Laura Penaloza, a sixth grade student at Manuel A. Salinas Creative Arts Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Service Pins for the Month of May (Postponed until June 18, 2012) 3B. Mr. Cardinal Presentations 2011-2012 and 2012-2013 - Council Member Jenkins Council Members Marquez, Jenkins, and Kelley presented awards to Mr. Cardinal 20t 1- 2012 Gustavo Alvarez; first runner-up Pierre Morris; and second runner-up Michael Stockman; Mr. Cardinal 2012-2013 Miguel Renteria; first runner-up Adam Gonzalez; and second runner-up D'Metruis Hopkins, Council Member Marquez presented a commendation to Jamie Rios, Mr. Cardinal pageant coordinator, San Bernardino High School. 3C. Student of the Month - That; Andrew Hawkins, Pacific High School - Council Member Jenkins 3D. Citizen of the Month - Bill and Kathi Rainbolt-Council Member McCammack 3E. Certificate of Appreciation to Members of the San Bernardino Chaplain Corps - Police Chief Handy and Fire Chief Conrad Certificates were presented to Chaplains Ray Miller, Paul Norton, Dave Carranza, Vince Ortega,Jesse Cannon,Ray Valles, Russ Fritz and Mike Fox. 3F. Proclamation- National Public Works Week- Mayor Morris A proclamation designating May 20-26, 2012, as National Public Works Week was presented to James Smith, new Interim Director of Public Works. 3G. Proclamation - Building Safety Month -Mayor Morris (Not presented) 3H. Proclamation - Law Enforcement Month - Mayor Morris A proclamation designating May 2012 as Law Enforcement Month was presented to Police Chief Handy. 0 31. PowerPoint Presentation on the Beautification Partnership Program Update Rebekah Kramer (Not Presented) Mayor and Common Council of the City of San Bernardino Page 3 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 3J. Chamber of Commerce Announcements Chamber announcements were presented by Jim Gerstenslager. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinance on the joint regular agenda dated May 21, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. Civil Service ® Personnel Actions-Classified Council Member Shorett stated that he could not support this item. 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. 1 RESULT: ADOPTED [5 TO 21 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Kelley,Johnson, McCammack NAYS: John Valdivia, Fred Shorett 5C. Community Development ORD. MC-1373 — An Ordinance of the Mayor and Common Council of the City of San Bernardino to Amend San Bernardino Municipal Code 15.20, 19.20 and 19.62 to Allow Additions to Existing Buildings Under 2500 Square Feet to be Exempt from Meeting New Development Standards for the Entire Existing Structure; Allow for Nonconforming Uses to Retain Their Current Status for 36 Months Rather Than 12 Months; Eliminate the Requirement for a New Certificate of Occupancy Beyond International Code Requirements and Automatic Abatement Requirements for Nonconforming Uses (FINAL READING). Mayor and Common Council of the City of Son Bernardino Page 4 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 Note: This is a public hearing item that had inadvertently been placed on the consent calendar. The hearing was opened on May 7, 2012. Public Comments: Paul Sanborn, San Bernardino, CA, spoke in opposition to the ordinance. Staff stated that the time period noted in San Bernardino Municipal Code (Development Code) Section 19.62.020, Subsection 7A and Section 19.62.030, Subsection 2 was changed from 72 or more consecutive calendar months to 36 or more consecutive calendar months. Council Member McCammack stated that this change does not reduce Code Enforcement's rules and does not reduce the building owner's responsibility to keep up the property. This change would allow current non-conforming status to stay for 36 months as opposed to 12 months, and in many instances that means the difference between getting insurance and not getting insurance, which could become a public safety problem for surrounding parcels. RESULT: ADOPTED [6 TO 11 ® MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 5D. Council Office Resolution of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution...Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portions Thereof.." to Establish a No Parking Any Time, Tow Away Zone on Mount Vernon Avenue Between Mill Street and Walnut Street. Public Comments: Juan Figueroa, San Bernardino, CA. Motion: Continue the matter to June 4, 2012. RESULT: CONTINUED [6 TO 01 Next: 6/4/2012 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack ® Mayor and Common Council of the City of San Bernardino Page 5 Printed 6113 12012 Joint Regular Meeting Minutes May 21, 2012 SE. Finance © Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack 5F. Police RES. 2012-86 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Police Applicant Files, Papers, and Pre- Employment Polygraph Examinations Pursuant to Section 34090 of the Government Code of the State of California. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 © AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack 6. Public Hearings to be Heard at 4:00 p.m. 6A. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (Continued from May 7, 2012) The hearing was opened on May 7, 2012. Council Member McCammack made a motion, seconded by Council Member Valdivia, to close the hearing; approve the ward boundaries reflected in Proposal A, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. No vote was taken. Motion: Close the hearing; approve the ward boundaries reflected in Proposal C, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. Mayor and Common Council of the City of San Bernardino Page 6 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 RESULT: FAILED [2 TO 51 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Chas A. Kelley,Rikke Van Johnson NAYS: Marquez, Jenkins,Valdivia, Shorett,McCammack Council Member McCammack withdrew her original motion to approve Proposal A, and Council Member Valdivia withdrew his second to that motion. Council Member McCammack amended her motion to direct staff to put together a hybrid of the three proposals and continue the matter for two weeks. Staff requested that the matter be continued to June 18, 2012. Motion: Direct staff to work with the committee to create a hybrid of the three proposals and come back to the Council on June 18, 2012, with a new recommendation. — — - --------, RESULT: CONTINUED [UNANIMOUS] Next: 6/18/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack 7. Continued Items 7A. City Clerk Council Minutes(Continued from May 7, 2012) Motion: Continue the matter to June 4, 2012. — ---- - -------- - RESULT: CONTINUED [UNANIMOUS] Next: 6/4/2012 1:30 PM l MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 713. City Clerk Council Minutes(Continued from May 7, 2012) f , Motion: Continue the matter to June 4, 2012. V Mayor and Common Council of the City of San Bernardino Page 7 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 6/4/2012 1:30 I'M MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. Staff Reports 8A. Council Office Tachikawa San Bernardino Sister Cities Sign Display Public Comments: Rick Dulock, Tachikawa San Bernardino Sister Cities Program, asked the Council to waive any permitting fees. Motion: Discuss and refer to the Ways &Means Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson,McCammack ABSENT: John Valdivia 8B. Parks,Recreation & Community Services RES. 2012-87 — Resolution of the Mayor and Common Council of the City of Bernardino Authorizing the City Manager to Execute Amendment No. 4 to Contract 10- 318 with the County of San Bernardino Department of Aging and Adult Services (DAAS), Accepting the New Proposal Amount of$233,732 for the Period of July 1, 2012 Through June 30, 2013 for the Senior Nutrition Program. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson, McCammack ABSENT: John Valdivia f 8C. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, with a Contingency Amount of $5,000, to Inter Valley Pool Supply for Swimming Pool O Chemicals (Chlorine and Acid) for FY 2012/13 with Two Additional Single-Year Renewal Options. Motion: To table the matter. Mayor and Common Council of the City of San Bernardino Page 8 Printed 6113 12012 Joint Regular Meeting Minutes May 21, 2012 -- - — ---- - - -- - - .. O RESULT: TABLED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack — --------- - --' 8D. Parks, Recreation & Community Services RES. 2012-88 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute the Second Amendment to the FAS Standard Contract with the County of San Bernardino for the Lease of a Portion of the Delmann Heights Community Center to be Used for the Head Start Program. Motion: Adopt Resolution. - - -_ ----- ----- ------ - [RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYE S. Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack 8E. Public Works RES. 2012-89 - Resolution of the Mayor and Common Council of the City of San © Bernardino Authorizing an Increase to Annual Purchase Order 2012-34 of $14,710 to ESSCO for Additional Electrical Components for Street Light Repairs. Council Member Valdivia stated that he could not support the item due to the limited amount of information that was provided in the backup. Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 11 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 8F. Public Works RES. 2012-90 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Annual Purchase Order 2012-392 of$3,562.13 to Vulcan Materials Company for Asphalt Materials for Street Repairs. Council Member Valdivia stated that he could not support the item due to the limited amount of information that was provided in the backup. CMotion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 611312012 Joint Regular Meeting Minutes May 21, 2012 RESULT: .ADOPTED [6 TO 1] ��// MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack NAYS: John Valdivia 8G. Public Works RES. 2012- 91 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Increase to Annual Purchase Order Number 2012-803 in the Amount of $7,000 to Loma Linda Plumbing Inc. for Plumbing Repairs As-Needed. Council Member Valdivia stated that he could not support the item due to the limited amount of information that was provided in the backup. Motion: Adopt Resolution. — – --- ----- – RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson,McCammack NAYS: John Valdivia 8H. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement to Clipper Creek, Inc., for the Purpose of Upgrading Existing Publicly Available Electric Vehicle Charging Infrastructure to the New Standard. Motion: Continue the matter to June 4, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 6/4/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 I AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 611312012 Joint Regular Meeting Minutes May 21 , 2012 ® 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 9A. City Attorney RES. 2012-92 — Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as the Successor Agency to the San Bernardino Redevelopment Agency, Authorizing the Execution of a Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services Relating to the Dissolution of the City's Redevelopment Agency. Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS Chas A. Kelley ABSTAIN: John Valdivia 9B. Economic Development Aeencv RES. 2012-93 — Resolution of the Mayor and Common Council of the City of San ® Bernardino Acting as the Successor Agency of the San Bernardino Redevelopment Agency Approving Amendment No. 1 to the Employment Agreement with Barbara Lindseth. Motion: Adopt Resolution. RESULT: ADOPTED 15 TO 11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: Chas A. Kelley ABSTAIN: John Valdivia 10. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, spoke about the number of traffic accidents in the City. Sandy Stevenson, Bryn Mawr, CA, spoke about senior discounts at the San Bernardino animal shelter. Roger Henderson, San Bernardino, CA, spoke about San Bernardino's need for creative thinking in dealing with infrastructure, budget and graffiti. He recommended closing some City parks in all wards because there is no money to properly maintain them and they are not safe. Mayor and Common Council of(He City of San Bernardino Page 11 Primed 611312012 Joint Regular Meeting Minutes May 21, 2012 Ron Coats, San Bernardino, CA, asked for a line item breakdown of where every penny of the$6 million of Measure Z funds is going; and suggested eliminating the ward system in the City. Council Member Valdivia requested information regarding the sunset of Measure Z. Gary Walbourne, San Bernardino, CA, spoke in opposition to the sbX Bus Rapid Transit Project and how it will affect local businesses. Juan Figueroa, San Bernardino, CA, stated that he appreciated the Council's concern regarding the City-wide issue of car sales and he encouraged the council to continue to explore other options to find a solution to this concern. 11. Adjournment The meeting adjourned at 6:26 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 1:30 p.m.,Monday, June 4, 2012. GEORGEANN"GIGr'HANNA City Clerk /J pBy 1CLlb Linda Sutherland Deputy City Clerk C i Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 611312012