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HomeMy WebLinkAbout09-06-2011 Jt. Reg MinutesMayor Patrick J. Morris Wknar CITY OF SAN BERNARDINO Council Members:300 N. "D "$CYeet Virginia Marquez Robert D. Jenkins San Bernardino, CA 92418 robin Brinker Website: www.sbciiy.org Fred Shorett Chas Kelley San Rikke Van Johnson _. Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 6, 2011 COUNCIL CHAMBERS The joint 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 1:33 p.m., Tuesday, September 6, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley arrived at 1:37 p.m. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jamora Allen and Jarriel Allen, Jr., through their Guardian Ad Litem Keyondra Marshall; Sherry Watson, Individually and as Representative of the Estate of Jarriel Dashawn Allen; and Jerry Allen v. City of San 09/06/2011 Bernardino; Officer Adam Affrunti; and Officer Chris Gray - San Bernardino Superior Court, Case No. CIVSS 805915; Lorelei Geri Franske, et al. v. Jason B. Lim, et al. - San Bernardino Superior Court, Case No. CIVDS 903488; Cedric May Sr., Brenda Standifer, S.D.M. and S.J.M. minors, by and through their guardian ad litem Sasha Graves, Maurice Jennings, Anthony Jennings, and Jashanda Sandifer v. City of San Bernardino, Officer Joseph Aguilar, Officer Jose Vasquez, Officer Byron Clark, Officer Langston Canright, Officer Melissa Flint, and Sergeant James Beach - United States District Court, Case No. EDCV 10-00978 VAP; Martha Jo Peters v. City of San Bernardino, et al. - Riverside County Superior Court, Case No. RIC 1100706; San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino - PERB Unfair Practice Charge No. LA -CE -714-M. 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: American Traffic Solutions v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Easland advised that the following items would be discussed in closed session: 2 09/06/2011 Under Agenda Item No. 113, significant exposure to litigation: Agenda Item Nos. 28 & 30 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory and honor of Mrs. Rose Brown. Invocation/Pledge of Allegiance The invocation was given by Elder Eddie Kelley of the Living Faith Gospel Church. The pledge of allegiance was led by Bethany Sahagun, a fifth grade student at E. Neal Roberts Elementary School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Deborah Okogba, a consultant working with the City Manager's office, provided an update on the City's beautification day efforts; and Mayor Morris presented a proclamation designating September 10, 2011, as City Pride City - Wide day in the city of San Bernardino to Beverly Thomas of Southern California Edison, and thanked her for Edison's participation in the cleanup program. Dr. Dora Barilla of the Loma Linda University Medical Center and Dr. Albert Arteaga, Chair of the Board of Directors for the Latino Health Collaborative, presented a $10,000 check to the City to help fund a master gardener for oversight in building and sustaining community gardens throughout the city in conjunction with the Healthy San Bernardino Project. 4. Announcements Announcements were made by the Mayor, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 3 09/06/2011 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated September 6, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 20, 2011; June 28, 2011; and June 29, 2011. The motion carried unanimously. 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 30, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated September 1, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2011-251 - Resolution of intention authorizing an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. (2% @ 55 for new miscellaneous employees) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-251 was adopted unanimously. 10. RES. 2011-252 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to tax defer 4 09/06/2011 California Public Employees' Retirement System member paid contributions - IRC 414(h)(2). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-252 was adopted unanimously. 11. RES. 2011-260 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Transitional Services Agreement between the City of San Bernardino and Keith L. Kilmer. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-260 was adopted with Kelley and McCammack voting "no." 12. RES. 2011-253 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the City of San Bernardino Water Department and an agreement with Federal Edge, Inc., for the purchase of a new Enterprise Backup System. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-253 was adopted unanimously. 13. RES. 2011-261 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Memorandum of Understanding between Omnitrans and the City of San Bernardino and accept $336,000 of funding to be applied to the Nunez Park/Ruben Campos Center Renovation Capital Improvement Project (PR04-38). Council Member/Commissioner McCammack stated she would abstain because Omnitrans is a business client. She left the Council chambers and returned after the vote was taken. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2011-2012 budget to increase Revenue Account No. 243-160-4651-0000 by $336,000 and appropriate $336,000 into Expenditure Account No. 243-160-5504-7495-0025 as outlined in the staff report from the Director of Parks, Recreation and Community Services, dated August 22, 2011. The motion carried and Resolution No. 2011-261 was adopted with McCammack abstaining. 5 09/06/2011 14. Item deleted 15. Item deleted 16. RES. 2011-254 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the United States Department of Justice for the San Bernardino Police Department to participate as a member of the Drug Enforcement Administration (DEA) Task Force. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-254 was adopted unanimously. 17. RES. 2011-255 - Resolution of the City of San Bernardino authorizing the execution of Memorandum of Understanding (MOU) C11223 with San Bernardino Associated Governments (SANBAG) defining the roles and responsibilities of the agencies for maintaining and operating San Bernardino Valley Coordinated Traffic Signal Timing Program Tiers 1, 2, 3, and 4. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-255 was adopted unanimously. 18. RES. 2011-256 - Resolution of the City of San Bernardino approving Amendment No. 1 to the 2 -year Capital Improvement Program (2008-2010) for Measure I Local Expenditures. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-256 was adopted unanimously. 19. Item deleted 20. RES. 2011-257 - Resolution approving Jurisdiction Master Agreement No. C12024 with the San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects identified in the Measure I 2010-2040 Strategic Plan under the Valley Major Street Program -Arterial Sub -program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-257 was adopted unanimously. 6 09/06/2011 21. RES. 2011-258 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the termination of the Third Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-258 was adopted unanimously. 22. RES. 2011-259 - Resolution of the City of San Bernardino authorizing and directing execution of a License Agreement with San Bernardino Community College District for an encroachment within "K" Street north of Grant Street, within the City, for the installation, operation, and maintenance of a private sewer pipeline. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-259 was adopted unanimously. 23. RES. 2011-262 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Convention and Visitors Bureau dba Route 66 for in-kind support services for the 22nd annual Stater Bros Route 66 Rendezvous. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-262 was adopted unanimously. 24. San Bernardino Hometown Military Banner Program Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the criteria for the San Bernardino Hometown Heroes Military Banner Program be approved. The motion carried unanimously. Council Member/Commissioner Jenkins stated that he would like to see some way to honor the families of those military personnel who have made the ultimate sacrifice. 7 09/06/2011 25. Position reclassification - Community Development Department Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Mayor and Common Council: 1) Reclassify Mobile Home Park Inspector position, Range 1490, $5,113 - $6,215/month, to Building Inspector II position, Range 1460, $4,402 - $5,351/month; 2) Delete Mobile Home Park Inspector position, Range 1490, $5,113 - $6,215/month; 3) Authorize the Director of Finance to incorporate the changes into the FY 2011/12 budget; and 4) Authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. The motion carried unanimously. 26. Position reclassification - Community Risk Reduction Division of the Fire Department Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: 1) Establish Community Fire Risk Reduction Supervisor position, Range 2500, $5,374 -$6,532/month; 2) Reclassify Fire Prevention Supervisor position, Range 2480, $4,864 - $5,912/month, to Community Fire Risk Reduction Supervisor position, Range 2500, $5,374 - $6,532/month; 3) Delete Fire Prevention Supervisor position, Range 2480, $4,864 - $5,912/month; 4) Approve job description as proposed; 5) Authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action; and 6) Authorize the Director of Finance to incorporate the changes into the FY 2011/12 budget. The motion carried with Kelley and McCammack abstaining. 27. Public Hearing - Amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall (Continued from August 15, 2011.) A resolution of the Mayor and Common Council of the City of San Bernardino approving First Amendment to Development Agreement No. 91- 01 between the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. The hearing remained open. Staff requested a two-week continuance. 8 09/06/2011 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of September 19, 2011. The motion carried unanimously. 28. RES. 2011-263 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Years 2010/2011 and 2011/2012. (Continued from August 15, 2011.) City Manager McNeely noted that both City staff and the Water Board had recommended approval of this item. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-263 was adopted with Jenkins and Kelley voting "no" and McCammack abstaining. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of agreements and issuance of annual purchase orders to All-star Fire Equipment in the amount of $60,000 and Fisher Scientific Company L.L.C. in the amount of $10,000 for replacement of protective clothing and equipment for structural firefighting. (Continued from August 15, 2011.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council reject all bids and that the matter be tabled. The motion carried unanimously. 30. Full Cost Allocation Plan Report and Right of Way Study (Continued from August 15, 2011.) City Attorney Penman noted that this was a companion item to the Master Services Agreement in Agenda Item No. 28. 9 09/06/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the Director of Finance to begin implementation of the Full Cost Allocation Plan and Right of Way Study. The motion carried with Jenkins, Kelley, and McCammack voting "no." 31. Create four (4) new payroll line items to City Employees' Voluntary Charitable Contribution Choices Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the City Manager direct the Director of Finance to create four (4) new payroll line items whereby City employees may voluntarily donate to these specific four (4) existing bona fide 501(c)(3)s: Friends of the Park, Friends of the Library, H.E.A.L. (Helping Every Animal League) and Friends of C.I.D. (Center for Individual Development) and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents; and that the City Manager be directed to establish criteria for future similar requests that will be presented to the Mayor and Common Council at a future Council meeting. Mayor/Chairman Morris questioned whether they should have the criteria set before they embark on approving any of the items. Council Member/Commissioner Brinker stated that he would like the criteria to include an annual survey of City employees as to where they would like to see the money go. He noted that it would have to be something that provides a service to the city. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Shorett, that the City Manager direct the Director of Finance to create four (4) new payroll line items whereby City employees may voluntarily donate to these specific four (4) existing bona fide 501(c)(3)s: Friends of the Park, Friends of the Library, H.E.A.L. (Helping Every Animal League) and Friends of C.I.D. (Center for Individual Development) and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents; and that the City Manager be directed to establish criteria for future similar requests that will be presented to the Mayor and Common Council at a future Council meeting; and that the matter regarding criteria be referred to the Legislative Review Committee. The motion carried unanimously. 10 09/06/2011 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris, Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. R32. RES. CDC/2011-56 - Resolution of the Community Development Commission of the City of San Bernardino approving and ratifying the filing of an Enforceable Obligations Payment Schedule as required by ABx1 26. Council Member/Commissioner McCammack stated she would abstain because $1.2 million was listed for the Omnitrans sbX system, and Omnitrans is a business client. She left the Council chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-56 was adopted with McCammack abstaining. Note: Although not related to Agenda Item No. R32, Mr. Marzullo distributed the following two documents to the Mayor and Council: • Regional Intelligence Report prepared by Beacon Economics, LLC - September 2011 • Downtown Vision, Issue 15, July/August 2011 33. Public Comments Betty Jean Long, San Bernardino, CA, stated that the City would have to quit spending or it would go broke. Ron Coats, San Bernardino, CA, provided a laundry list of all the things he thinks are wrong with the City and those things that he thinks are right with the City. David McKenna, San Bernardino, CA, spoke regarding the City Attorney's caseload and his refusal to reduce staff in order to have the necessary funds to pay for the outside attorneys he has hired on behalf of the City. 11 09/06/2011 James Smith, San Bernardino, CA, stated that it is time for a change in San Bernardino—time for a new City Attorney. James Penman, San Bernardino, CA, refuted the comments made by Mr. McKenna regarding the caseload of the City Attorney's office and endorsed Amelia Sanchez -Lopez for City Clerk. 34. Adjournment At 5:08 p.m., Mayor/Chairman Morris adjourned the meeting in memory of 12 - year -old Jonathan Olagues, one of Council Member/Commissioner Brinker's students at Frisbee Middle School in Rialto, who lost his life in a hit-and-run accident while riding his skateboard. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, September 19, 2011. RACHEL G. CLARK City Clerk By:L'A. C Linda E. Hartzel Deputy City Clerk 12 09/06/2011