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HomeMy WebLinkAbout09-19-2011 Jt. Adj MinutesSan CITY OF SAN BERNARDINO 300 N. D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 19, 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 Pro Tempore Shorett at 1:34 p.m., Monday September 19, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro Tempore Shorett; Council Members/Commissioners Marquez, Jenkins, Brinker, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Mayor Morris, Council Member/Commissioner Kelley. Council Member/Commissioner Kelley arrived at 3:11 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): Samuel Aguirre v City of San Bernardino — San Bernardino Superior Court, Case No. CIVDS 1009719; 09/19/2011 Hector Briones and Roseland Harding v City of San Bernardino, San Bernardino Police Department San Bernardino City Chief of Police Keith L Kilmer Adam Affrunti State of California California Highway Patrol, Does 1-10 — United States District Court, Case No. CV 10-7571 CBM(OPx); Estate of Terry Nash et al v. City of San Bernardino, et al. — United States District Court, Case No. CA-09-08671-RGK; Donald Sipple et al. v City of Alamedaet al. — Los Angeles Superior Court, Case No. BC 462270; Universal Trailers Inc v County of San Bernardino, et al. — San Bernardino Superior Court, Case No. CIVDS 1102368. 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. F. 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: Fire Safety G. Conference with real property negotiator — pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland 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 Mayor Pro Tempore Shorett requested a moment of silence in memory of Nylah Irene Franco-Torrez. 2 09/19/2011 2. 3 Invocation/Pledge of Allegiance The invocation was given by Pastor Richard Elwell of University Park Church. The pledge of allegiance was led by Johanna Soto, a fifth grade student at Roosevelt School. Appointments — Historical Preservation Commission • Reverend Virginia Jecks-Wright — Council Member Jenkins • James M. Smith — Council Member Shorett Council Member/Commissioner Jenkins made a motion, seconded by Council Member/Commissioner Brinker, that the appointments of Reverend Virginia Jecks- Wright and James M. Smith to the Historical Preservation Commission, as requested by Council Members Jenkins and Shorett, be approved. The motion carried unanimously. Presentations The following individuals were presented a service pin award by Mayor Pro Tem Shorett in recognition of their many years of dedicated service to the City: Name Department Years of Service Lorraine Dominguez Civil Service 5 Jack Masters Community Development 25 Donald Day Fire 20 Brenda Hall Fire 10 Bernard Horak Jr. Fire 5 Matthew Block Police 10 Matthew Good Police 15 Jesse Joyce Police 5 Lanier Rogers III Police 5 Clemente Elizalde Public Works 30 Eddie Kelley Public Works 30 Olivia Wolff Public Works 10 City Clerk Rachel Clark introduced Assistant City Clerk Mayra Ochiqui, who gave a PowerPoint presentation of the City's new Agenda Management Program. City Manager Charles McNeely introduced Assistant City Manager Andrea Travis - Miller and Project Manager Debbie Okogba, who gave a PowerPoint presentation recapping The City Pride — City -Wide City of San Bernardino Beautification Partnership Community Clean -Up Day. Council Member Marquez presented the Student of the Month Award to Efrain Rodriguez. 3 09/19/2011 Council Member Brinker presented a resolution of commendation to Jack Kofdarali, President of J&T Management, for his exemplary business leadership and his service to the community. Council Member McCammack presented the Citizen of the Month Award to the San Bernardino Professional Firefighters Local #891 Chanty Committee in appreciation of the countless donations of time and money they have made throughout the City of San Bernardino. Emil Marzullo, Interim Executive Director, Economic Development Agency, announced that a free seminar for business owners called "The Business Accelerator Workshop and Networking Event" would be held at the Hilton Hotel on Thursday, September 22, 2011, from 8:30 a.m. to 1:00 p.m. Chamber of Commerce announcements were presented by Mary Wilson. 4. Announcements Announcements were made by the Mayor Pro Tem, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated September 19, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, 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: July 5, 2011; July 11, 2011; and July 18, 2011. The motion carried unanimously. 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 14, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 4 09/19/2011 Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the personnel actions, as submitted by the Chief Examiner, dated September 15, 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. 2011-264 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the Case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, et aL, Public Employment Relations Board Unfair Practice Charge No. LA -CE -714-M. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-264 was adopted unanimously. 10. RES. 2011-270 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of Arts and Culture. Council Member/Commissioner Brinker stated that he would abstain on this item because his wife is a member of the San Bernardino Symphony board. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-270 was adopted with Brinker abstaining. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest, relating to fire protection and rescue services within the mutual threat zone. Note: No resolution was distributed. Staff requested a two-week continuance. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 3, 2011. The motion carried unanimously. 09/19/2011 12. RES. 2011-265 — Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2011 Assistance to Firefighters Grant Program on-line application to the Department of Homeland Security in the amount of $173,200 and authorizing the Fire Department to accept and administer the grant funds. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-265 was adopted unanimously. 13. RES. 2011-266 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a purchase order in the amount of $90,000 to New World Systems Corporation for software configuration and training -related expenses. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2011/12 IT budget by transferring $90,000 from Account No. 679-250-5704-0000-0058 to Account No. 679-250-5181-0000-0058. The motion carried and Resolution No. 2011-266 was adopted unanimously. 14. RES. 2011-267 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of annual purchase orders for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-267 was adopted unanimously. 15. RES. 2011-271 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Elite Companies US, Inc. for pavement rehabilitation on Meridian Avenue from UPRR Overcrossing to Foothill Boulevard (SS11-002), per Project Plan No. 12796. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2011-271 was adopted unanimously. 16. RES. 2011-268 — Resolution of the City of San Bernardino authorizing and directing execution of a License Agreement with Magnolia Highland, L.P., for an encroachment within Medical Center Drive, located at 2196 Medical Center Drive, within the City, for the installation, operation, and maintenance of a bus stop shelter and appurtenant facilities. 6 09/19/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-268 was adopted unanimously. 17. RES. 2011-272 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to DBX, Inc., for Traffic Signal Installation and Street Improvements at Medical Center Drive and Magnolia Avenue (TC07-001) per Plans and Special Provisions Nos. 12031 & 12031A. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the bid of Moalej Builders, Inc. be rejected as non-responsive; and that said resolution be adopted. The motion carried and Resolution No. 2011-272 was adopted unanimously. 18. RES. 2011-269 — 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 in the amount of $34,306.63 to Generator Services Company, Inc for repairs to the emergency generator at the Police Department headquarters. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-269 was adopted unanimously. 19. Public Hearing — First Amendment to Development Agreement No. 91-01 between the City of San Bernardino and the developer of the Inland Center Mall (Continued from September 6, 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. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of October 17, 2011. The motion carried unanimously. 20. RES. 2011-273 — Resolution of the City of San Bernardino authorizing the execution of an agreement with American Traffic Systems (ATS) of Phoenix, Arizona for an upgrade to the City's Red Light Camera Enforcement System, and to authorize the Director of Finance to increase the Red Light Camera Program revenue and expenditures. 7 09/19/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2011/12 budget by increasing the Red Light Camera Program revenue (Account No. 128-210-4441- 000) by $662,300 and increasing the Red Light Camera Program expenditures (Account No. 128-210-5505-0000-0087) by $552,200, as discussed in the staff report from the Chief of Police dated September 13, 2011. The motion carried and Resolution No. 2011-273 was adopted with Kelley and McCammack voting "no." COMMUNITY DEVELOPMENT COMMISSION No Community Development Commission agenda items were submitted for consideration. 21. Public Comments Betty Jean Long, San Bernardino, CA, made political statements against Mayor Morris; and stated that there is no place in government for career politicians. David McKenna, San Bernardino, CA, spoke about the positive events that have taken place in the City within the past two weeks and expressed his appreciation and admiration for Police Chief Keith Kilmer. Stella Garcia, San Bernardino, CA, spoke against the City's Property Maintenance Ordinance and Code Enforcement citations that impose the maximum fine of $1,000 per day on low income residents for not planting grass or hiding their trash cans. Bill Beaumont, San Bernardino, CA, San Bernardino City firefighter for over 28 years, voiced his displeasure with the Facebook post made by Mayor Morris on Sunday, September 11, 2011. Tom Elder, Riverside, CA, stated that his business re -files FBNs on fictitious business names that have expired. He stated that he mailed one to Wendy McCammack at the beginning of the month because the fictitious business name for her business, "Express Printing Signs and Tees," aka "Creative Advertising and Design," expired on July 10, 2011. He added that the District Attorney has shut down his business and his bank accounts are frozen. Jim Smith, San Bernardino, CA, stated that he was disappointed to learn that certain Councilpersons were questioning the process of electing a new police chief. 8 09/19/2011 22. Adjournment The meeting adjourned at 5:57 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 3, 2011. RACHEL G. CLARK, CMC City Clerk By4A/ Linda Sutherland Deputy City Clerk 09/19/2011