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HomeMy WebLinkAbout04-16-2012 Jt. Reg Mtg Minutes ?e a AR City of San Bernardino Mayor Patrick J. Morris 4P 300 North "D" Street Council Members ° o San Bernardino, CA 92418 Virginia Marquez m Robert D. Jenkins "' a3 http://www.sbcity.org John Valdivia Fred Shorett n TN Chas A. Kelley Rikke Van Johnson Wendy 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 o AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,APRIL 16,2012 COUNCIL CHAMBERS The joint regular meeting was called to order by Mayor Patrick J. Morris at 12 noon, Monday, April 16, 2012, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present John Valdivia Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCanmiack Council Member, Ward 7 Present Charles McNeely City Manager Present Georgeann "Gigi" Hanna City Clerk Present C James F. Penman City Attorney Present _.. Patrick J. Moms Mayor : Present Mayor and Common Council ofthe City of San Bernardino Page/ Printed 4 12012012 Joint Regular Meeting Minutes April 16, 2012 C1. Closed Session— Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). Monica Ballard, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CV 10-02769; Patricia Carson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 912104; San Bernardino City Professional Eire £ighters Local 891 v City of San Bernardino et al. - San Bernardino Superior Court, Case No. CIVDS 1007708; San Bernardino City Professional Firelighters Local 891 (PERK) v City of San Bernardino, et al. -Unfair Practice Charge#LA-CE-714-M; San Bernardino City Professional Firefighters, Brian Crowell and Byron Kuhn v Cites San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1012967; Sinh v. City of San Bernardino - Case No. CIVDS 1003080 (consolidated with Case No. CIVDS 1003219); B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - opursuant to subdivision(b) (1), (2), (3) (A-F) of Government Code Section 54956.9: First American Title Insurance Company v. City of San Bernardino 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: General Unit Mid-Management Unit Management/Confidential Unit Fire Safety Unit Police Safety Unit Police Management Unit 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. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 Moment of Silence CA moment of silence was observed in memory of Lou Yeager and Raymond Negrete. Invocation/Pledge of Allegiance The invocation was given by Draymond Crawford, a City employee from the Public Works Department. The pledge of allegiance was led by Eduardo Mondragon, a fifth grade student at Vermont Elementary School. 2. Appointments A. Mayor's Office Appointment of Christopher Crosson to the Parks & Recreation Commission - Council Member Valdivia Council Member Valdivia made a motion, seconded by Council Member Shorett, to approve the appointment of Christopher Crosson to the Parks & Recreation Commission as requested by Council Member Valdivia. The motion carried unanimously. B. Mayor's Office Appointment of John H. Walters to the Board of Police Commissioners - Council Member Valdivia Council Member Valdivia made a motion, seconded by Council Member Marquez, to © approve the appointment of John H. Walters to the Board of Police Commissioners as requested by Council Member Valdivia. The motion carried unanimously. C. Mayor's Office Appointment of Frederick Grochulski to the Planning Commission - Council Member Valdivia Council Member Valdivia made a motion, seconded by Council Member Jenkins, to approve the appointment of Frederick Grochulski to the Planning Commission as requested by Council Member Valdivia. The motion carried unanimously. 3. Presentations A. Service Pins Awards Ceremony The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Patrick Burton Fire 10 Jeanette Lucas Fire 10 © Ambrose Kamara Human Resources 5 Jason Suarez Information Technology 20 Janice Conway Library 35 Edward Erjavek Library 15 Rashawd Cobbs Police 5 Mayor and Common Council of the City of San Bernardino Page 3 Printed 411011011 I Joint Regular Meeting Minutes April 16, 2012 Jill Fonzi Police 15 Tina Martinez Police 15 William Porch Police 5 James Voss Police 35 Monica Bentley Public Works 5 Alfred Perez Public Works 5 Deborah Serafin Public Works 15 B. Student of the Month Council Member McCammack presented the Student of the Month award to Andrea Swanson, a senior at San Gorgonio High School. C. Chamber of Commerce Announcements Chamber of Commerce announcements were presented by Jim Gerstenslager. D. First Quarter Employee Recognition Awards The following individuals were awarded First Quarter Employee Recognition Awards by Mayor Moms: Janice Munoz Gerald Castle 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 A. City Clerk Waive Full Reading of Resolutions and Ordinances Council Member Shorett made a motion, seconded by Council Member Marquez to waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency, dated April 16, 2012. The motion carried unanimously. B. City Attorney ORD. MC-1372 - Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 15.26.060 of the San Bernardino Municipal Code Regarding Single Family Residential Inspection Program. (FINAL READING) Council Member Shorett made a motion, seconded by Council Member Marquez to adopt the Ordinance. Ordinance No. MC-1372 was adopted unanimously. C. City Clerk QCouncil Minutes Council Member Valdivia stated that he would like to see more detail in the minutes. Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 City Clerk Hanna stated that the minutes were being prepared in accordance with the current Department Directive Letter—DDL-68. City Attorney Penman advised that the City Clerk was an elected official and, therefore, was not required to follow DDL-68. Council Member Valdivia made a motion, seconded by Council Member McCammack to continue approval of the minutes for January 9, 2012; February 6, 2012; and March 19, 2012, to the Council meeting of May 7, 2012. The motion carried unanimously. D. Civil Service Personnel Actions–Classified Council Member McCammack stated that she did not like the verbiage approve and ratify. Council Member McCammack made a motion, seconded by Council Member Jenkins, to approve and ratify 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. The motion carried with Valdivia voting "no" and Shorett abstaining. E. Public Works RES. 2012-62 - Resolution of the Mayor and Common Council of the City of San Bernardino Declaring that 11th Street is a through Highway between Medical Center Drive and Mt. Vernon Avenue, except at Western Avenue. Council Member Marquez made a motion, seconded by Council Member McCammack to adopt the Resolution. Resolution No. 2012-62 was adopted unanimously. F. Public Works RES. 2012-63 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Nikola Corporation for Sewer Improvements on "H" Street and the Adjacent Alleys between 17th Street and Highland Avenue, per Plan No. 12621 (SW11-002). Council Member Jenkins made a motion, seconded by Council Member Valdivia to adopt the Resolution. Resolution No. 2012-63 was adopted unanimously. Subsequently, it was noted that a public speaker slip had been submitted. Council Member Shorett made a motion, seconded by Council Member Valdivia, to reconsider the matter. The motion carried unanimously. Public Comments: E"�, Draymond Crawford, San Bernardino, CA. (V Council Member Jenkins made a motion, seconded by Council Member Valdivia to adopt the Resolution. Resolution No. 2012-63 was adopted unanimously. Mayor and Common Council of the City of Son Bernardino Page 5 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 G. Public Works RES. 2012-64 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Public Works to Execute Right of Way Certification Forms for Federal-Aid Projects. Council Member McCammack stated that if this item had anything to do with the sbX bus, she was going on record as not supporting any kind of condemnation. She added that she could not support a document that holds another agency harmless. Acting Public Works Director Eisenbeisz answered that this resolution is not for that purpose,that it is not related to the sbX, and that the form is a standard Caltrans form. Council Member Shorett made a motion, seconded by Council Member Marquez, to adopt the Resolution. Resolution No. 2012-64 was adopted unanimously. H. Public Works RES. 2012-65 - Resolution Authorizing Execution of Amendment No. 5 to Professional Services Agreement with AECOM Technical Services, Inc. to Provide Engineering Services for the Design of Old Waterman Canyon Bridge Repair(SS07-14). Council Member McCammack stated that she would abstain because AECOM is a business client and left the Council Chambers,returning after the vote was taken. Council Member Shorett made a motion, seconded by Council Member Valdivia, to adopt the Resolution. Resolution No. 2012 was adopted with McCammack abstaining. I. Public Works RES. 2012-66 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Hillcrest Contracting, Corona, California, for Pavement Rehabilitation on Five City Streets at "K" Street, Oak Street to Rialto Avenue (SS11-011); Evans Street, Western Avenue to Mt. Vernon Avenue (SS12-017); 15th Street, Western Avenue to Mt. Vernon Avenue (SS 12-016); Magnolia Avenue, Western Avenue to Mt. Vernon Avenue (SS12-005); and Medical Center Drive, Home Street to 16th Street(SS11-003). Council Member McCammack stated that she would like to see all bids go through the Chamber of Commerce. Council Member Valdivia made a motion, seconded by Council Member Johnson, to adopt the Resolution; and authorize the Director of Finance to amend the FY 2011-12 Budget to allocate $612,100.06 from Proposition 1B Local Streets and Roads Funds (Fund 258) to Project No. SS 12-017, 'Evans Street Pavement Rehabilitation, from Western Avenue to Mt. Vernon Avenue." The motion carried and Resolution No. 2012-66 was adopted unanimously. Mayor and Common Council of the City of San Bernardino Page 6 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 6. COMMITTEE CONSENT CA. Police RES. 2012-67 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety(OTS) in the Amount of $251,311.90 and Authorizing the Police Department to Accept and Administer the Grant. Council Member Valdivia made a motion, seconded by Council Member Shorett to adopt the Resolution. Resolution No. 2012-67 was adopted unanimously. B. Police RES. 2012-68 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Sobriety Checkpoint Grant from the State of California Office of Traffic Safety(OTS)in the Amount of$166,266.64 and Authorizing the Police Department to Accept and Administer the Grant. Council Member Valdivia made a motion, seconded by Council Member Shorett, to adopt the Resolution. Resolution No. 2012-68 was adopted unanimously. C. Public Works RES. 2012-69 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of the Waste Tire Enforcement Grant Funds and Ratifying the Application from the California Department of Resources Recycling and Recovery(CalRecycle). Public Comments: Draymond Crawford, San Bernardino, CA. Council Member Shorett made a motion, seconded by Council Member Johnson, to adopt the Resolution. Resolution No. 2012-69 was adopted unanimously. 7. PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. A. Community Development RES. 2012-60 - Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the National Orange Show Industrial Project, Adopting the Facts, Findings and Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Approving General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04. Mayor Moms opened the hearing. © No public comments were received. j Mayor and Common Council of the City of San Bernardino Page 7 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 An interoffice Memorandum to the Mayor and Common Council from M. Margo Wheeler,Director, dated April 16, 2012, regarding Agenda Item 7.A was distributed. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to Timothy Reeves that he would provide true and honest testimony. Mr. Reeves, on behalf of Lewis Group of Companies, the applicant, spoke about how the company will address air quality issues. Council Member McCammack made a motion, seconded by Council Member Shorett, to close the hearing and adopt the Resolution. The motion carried and Resolution No. 2012-60 was adopted unanimously. B. Community Development RES. 2012-61 - A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program, Adopting General Plan Amendment No. 12-02 to Change the Split Land Use Designation from Office Industrial Park (Oip) and Industrial Light (I1)to Industrial Light(II) on Approximately 14.52 Acres, and Approving Tentative Parcel Map No. 19369 (Subdivision No. 12-01) to Merge 13 Parcels into One, 14.52- Acre Parcel, and Development Permit 2 No. 12-02 to Construct a 345,802-Square Foot Warehouse Located on the East Side of Waterman Avenue, Approximately 300 Feet South of Mill Street. \ Mayor Morris opened the hearing. Council Member McCammack made a motion, seconded by Council Member Marquez, to close the hearing and adopt the Resolution. The motion carried and Resolution No. 2012-61 was adopted unanimously. C. Community Development Resolution Approving a Development Agreement Regarding the 404-Acre University Hills Development to Implement the University Hills Specific Plan, Generally Located Northwest of the California State University at San Bernardino Campus Between the Northern Termini of Campus Parkway and Little Mountain Road. Mayor Moms opened the hearing. Council Member Johnson made a motion, seconded by Council Member Valdivia, to continue the matter to May 7, 2012. (Motion was subsequently amended.) Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individual that he would provide true and honest testimony: John Snell of Inland Communities, applicant, stated that he did not know what the © problem was and distributed a copy of an email from the University regarding the University entering their property. Mayor and Common Council of the City of San Bernardino Page 8 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 Council Member Kelley made a motion, seconded by Council Member Valdivia, to adopt the Resolution. (No vote was taken.) 1� Henry Empeho, Deputy City Attorney, advised the Council that there was no development agreement before them today for approval, and that the public had not been given access to the document. There was a consensus of the Council that action needed to be taken on this matter sooner than later. Council Member Johnson amended his motion, seconded by Council Member Valdivia, to continue the matter to 3 p.m., Thursday, April 19; and that staff provide the Mayor and Council with the pertinent documents prior to that time. The motion carried unanimously. 8. STAFF REPORTS A. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Approving the FY 2011-2012 Mid-Year Budget Balancing Strategies. Public Comments: George Swift, International Union of Operating Engineers Paul Flores, International Union of Operating Engineers Al Perez, City Employee, San Bernardino, CA Paul Sanborn, San Bernardino, CA Tony Ingegneri, President of ATS Communication, consultant to the City of San Bernardino and other public entities Council Member Johnson made a motion, seconded by Council Member Shorett,to adopt the resolution directing the Director of Finance to implement the FY 2011/2012 budget balancing strategies presented at the April 3, 2012, Budget Workshop and April 12, 2012, Budget Ad Hoc Committee meeting. The motion failed by the following vote: Ayes: Marquez, Shorett,Johnson. Nays: Jenkins,Valdivia,Kelley,McCammack. Council Member Valdivia made a motion, seconded by Council Member Kelley, to refer the matter to the Budget Ad Hoc Committee for discussion at its next meeting and bring the matter back to the full Council on May 7, 2012. The motion carried by the following vote: Ayes: Jenkins, Valdivia, Kelley, McCammack. Nays: Marquez, Shorett. Abstentions: Johnson. B. City Manaeer Discuss and Take Possible Action Regarding the Wind Down of the Former Redevelopment Agency and Approve the Final Form of the Recognized Obligation Payment Schedule (ROPS) © Public Comments: Curtis Stout, San Bernardino, CA Charlene Dixon-Roberts, San Bernardino, CA Mayor and Common Council of the City of San Bernardino Page 9 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 Andrea Travis-Miller, Assistant City Manager, stated that this was just a status report— that the Council would be given documents to read and the matter would come back to the Council in May. Council Member Johnson stated that one item not in this document was the Northwest Redevelopment Project Area Committee. He stated that years ago the judge hearing the case between the City and the Northwest PAC saw that this area was not being represented; however, it was being utilized for its demographics and the money was being spent elsewhere. Subsequently, it was stated in the settlement agreement how the committee was supposed to be dissolved. Mr. Johnson stated that the settlement agreement states that there is supposed to be a two-year notice, and that information has not been noted anywhere in the wind-down plans, and that is a big concern. Assistant City Manager Travis-Miller stated that she was not aware of that history, and staff would make sure that it is addressed in the subsequent report. No action was taken on this matter. C. Council Office Legislative Review Committee Pending Items Council Member Johnson made a motion, seconded by Council Member Kelley, to refer O these pending items back to the Legislative Review Committee, except for the taxicab issue, which will be considered by an ad hoc committee formed specifically for that purpose. The motion carried unanimously. 11. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Draymond Crawford, San Bernardino, CA, spoke about the benefits that the refuse department brings to the city, stating that selling the refuse operation is a quick-fix that shows a lack of leadership. Betty Jean Long, San Bernardino, CA, stated that seniors are being scammed and taken advantage of. Shirley Harlan, San Bernardino, CA, stated that the 011ie McDonald Senior Showcase would be broadcast on the public access channel on May 15 and 17 at 6 p.m. DVDs are also available at a cost of$10.80 by calling 384-5430, with funds benefitting the senior center. Hayward Jackson, spoke about biblical figures and read from the Old Testament. Tammy Martin Ryles, San Bernardino, CA, President of the Southern California Black Chamber of Commerce Inland Cities East, spoke regarding accountability with respect to O the budget and the fact that there is no room for special interests in the budget discussions. Mayor and Common Council of the City of San Bernardino Page 10 Printed 412012012 Joint Regular Meeting Minutes April 16, 2012 Roxanne Williams, Grand Terrace, CA, stated that the Council must decide that failure is not an option—that San Bernardino was once a great American City and it can be a great American City again. Walter Hawkins, representing the San Bernardino NAACP and the Westside Action Group, stated that they would like to see San Bernardino return to being an All American City, but it will be impossible to do that unless the Council changes its approach. He stated that Safety has to be on the table. Charles Greenwood, City refuse employee, questioned why the City would even consider selling the refuse operation, when everyone knows they are not the problem. Refuse took the 10 percent cut so they could continue working and they work just as hard as Fire. Cameron Rawls, City refuse employee, spoke against selling the refuse operation and the division of the Council, stating that change has to start with the decision makers. David McCammack, San Bernardino, CA, thanked Council members Johnson, Marquez and McCammack for the banners of military personnel displayed in the Council Chambers, and spoke regarding the veteran's garden at 2517 Pacific Avenue and the veteran's golf tournament to be held on Saturday to benefit the veterans. Kay Watson, San Bernardino, CA, spoke about employee sacrifices made throughout the © City and asked whether any money was cut from the City Attorney's office budget. James Smith, San Bernardino, CA, congratulated Robert Eisenbeisz and commented on a phenomenal Beautification Day and the Save Our Parks $1 donation program at Stater Bros. markets. He spoke about the positive things happening in San Bernardino such as the new Regal movie theater, the restaurants, the transit center—that it is about working together to make it a great city; and complimented City Manager McNeely. City Attorney Penman informed the Council of monies received through the Administrative Civil Penalties process and from a national title company. 12. ADJOURNMENT At 10:00 p.m., the meeting adjourned to Thursday, April 19, 2012, at 3:00 p.m. in the Economic Development Agency Boardroom for Closed Session and discussion of Agenda Item No. 7C. 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, May 7, 2012. GEORGEANN"GIGI"HANNA City Clerk oBy ..1& Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of Son Bernardino Page 1/ Printed 412012012