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HomeMy WebLinkAbout04-02-2012 Jt Reg Mtg Minutes RHD Ma or Patrick J. Morris City of San Bernardino Mayor 4� 300 North "D" Street Counci[Members Virginia Marquez Y San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett °�yDED t ♦ 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 AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,APRIL 2, 2012 COUNCIL CHAMBERS The joint regular meeting was called to order by Mayor Patrick J. Morris at 1:30 p.m., Monday, April 2, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. John Valdivia Council Member, Ward 3 Present 1:30 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 3:06 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m. Charles McNeely City Manager Present 1:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. James F. Penman City Attorney Present 1:30 p.m. Patrick J. Morris Mayor Present 1:30 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 411011011 Joint Regular Meeting Minutes April 2, 2012 1. Closed Session— Pursuant to Government Code Seetion(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Coley, Gavle v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1107016; Meiia, Maria D., et al. v. City, et al. - United States District Court, Case No. EDCVl1- 00452 VAP (DTBx). 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: City of San Bernardino v. San Bernardino City Unified School District, et al. - San Bernardino Superior Court; D. Closed Session-personnel -pursuant to Government Code Section 54957: City Manager OE. 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 case would be discussed in closed session: Gavle Coley v. City of San Bernardino—Case No. CIVDS 1107016. Closed Session Announcement City Clerk Hanna announced that during closed session a motion was made by Council Member Valdivia, seconded by Council Member McCammack, to accept the resignation of City Manager Charles McNeely and that he be placed on inactive status until his leave date of May 1, 2012. The motion failed with Marquez and Shorett voting "no," Kelley abstaining and Johnson absent. Reading of Resolutions and Ordinances Q Deputy City Clerk Sutherland 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 411012012 Joint Regular Meeting Minutes April 2, 2012 Invocation/Pledge of Allegiance (r y The invocation was given by Pastor Joshua Beckley from Ecclesia Christian Fellowship. The pledge of allegiance was led by Michaela Anne Parada, a fifth grade student at Wilson Elementary School. 2. Appointments A. Mayor's Office Appointment of Joe Arnett to the Historical Preservation Commission - Council Member Valdivia Motion: Approve the appointment of Joe Arnett to the Historical Preservation Commission as requested by Council Member Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack B. Mayor's Office Appointment of Carmen Compian to the Animal Control Commission - Council Member Valdivia. Motion: Approve the appointment of Carmen Compian to the Animal Control Commission as requested by Council Member Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, Me Cammack C. Mayor's Office Appointment of Isabella E. Walboume to the Senior Affairs Commission - Council Member Valdivia. Motion: Approve the appointment of Isabella E. Walboume to the Senior Affairs Commission as requested by Council Member Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 3 Printed 411012012 Joint Regular Meeting Minutes April 2, 2012 D. Mavor's Office ' Appointment of Deborah Bunger to the Fine Arts Commission - Council Member Valdivia. Motion: Approve the appointment of Deborah Bunger to the Fine Arts Commission as requested by Council Member Valdivia. RESULT: ADOPTED [UNANIMOUS] l MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack E. Mayor's Office Appointment of Johnnie Ann Ralph to the Historical Preservation Committee - Council Member Johnson. Motion: Approve the appointment of Johnnie Ann Ralph to the Historical Preservation Committee as requested by Council Member Johnson. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3. Presentations A. Retirement Certificate to Albert K. Karnig, President of California State University, San Bernardino- Council Member Kelley B. Certificate of Recognition to CSUSB Kappa Delta Sorority — Council Member Kelley C. Certificates to CSUSB 2011-2012 Coyotes Women's Volleyball Team - National Champion Runners Up—Council Member Kelley D. Certificate to San Bernardino Principal of the Year - Council Member Jenkins A presentation was made to Sandra Rodriguez, principal of San Bernardino High School, who was recognized by the Region 12 Association of California School Administrators,which includes both Riverside and San Bernardino Counties. © E. Hometown Heroes Military Banner Unveiling Ceremony - Council Member Johnson Mayor and Common Council of the City of San Bernardino Page 4 Printed 411011011 Joint Regular Meeting Minutes April 2, 2012 F. National Library Week A proclamation designating April 8-14, 2012 as National Library Week was presented to Interim Library Director Deborah Clark. G. Chamber of Commerce Announcements Chamber of Commerce 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 A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack B. City Attorney RES. 2012-55 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in the Case of Michael Wade v. City of San Bernardino, et al., United States District Court Case No. CV 11-9831 GHK(SPx). Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack C. City Clerk Review Set Public Hearing for Ward Redistricting Within the City of San Bernardino It was requested by the Council that colored maps be included in the backup,that full size © maps be placed in the lobby of City Hall, and that they be posted on the City's website to allow the public the opportunity to view the maps prior to the public hearing. Mayor and Common Council of the City of San Bernardino Page 5 Printed 411012012 Joint Regular Meeting Minutes April 2, 2012 Council Member McCammack recommended amending the motion to set two public hearings for May 7, 2012 and June 4,2012. Motion: Set two Public Hearings for May 7, 2012 and June 4, 2012, at 4:00 p.m. in the Council Chambers to Consider Options for City Ward Redistricting within the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack D. Civil Service Personnel Actions- Classified Council Member Shorett stated that he could not support any promotions at this time. Motion: 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. -- — _. RESULT: ADOPTED [5 TO 1] Q MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Kelley, Johnson, McCammack NAYS: John Valdivia ABSTAIN: Fred Shorett - --- -- ---- ----- -- — -- --i E. Human Resources Personnel Actions-Unclassified Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED (UNANIMOUS) MOVER: Wendy J. McCammack, Council Member, Ward 7 � SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack F. Public Works RES. 2012-56 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to New West Signal, Inc., for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations. Mayor and Common Council of the City of San Bernardino Page 6 Printed 411012012 Joint Regular Meeting Minutes April 2, 2012 It was requested that staff look into lighting issues on 40th Street between Sierra and Waterman; on Baseline, west of Medical Center Drive; and on Fifth Street across from Our Lady of Guadalupe Church, which would require an encroachment permit. Motion: Adopt Resolution. j RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack G. Public Works RES. 2012-57 — Resolution of the Mayor and Common Council of the City of San Bernardino Dedicating and Accepting Campus Parkway Between Kendall Drive and Northpark Boulevard and Approving the Filing of a Notice of Completion. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack 6. Continued Items A. City Clerk Council Minutes (At meeting of March 19, 2012, item continued to April 2, 2012.) City Attorney Penman stated that his office did not have an opportunity to review the minutes; therefore, he requested that the item be continued to May 7, 2012. Motion: To continue the matter to May 7, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 5/7/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack ABSENT: John Valdivia t i B. Community Development Management Study of the Code Enforcement Division by Matrix Consulting Group (At © meeting of February 6, 2012, item continued to March 19, 2012; Item continued to April 2, 2012.) Mayor and Common Council of the City of San Bernardino Page 7 Printed 411012011 Joint Regular Meeting Minutes April 2, 2012 Public Comments: Robert Cravens, Code Enforcement Division employee, asked if the ad hoc committee could meet after 5:30 p.m. so staff could attend. Motion: To refer the item to the Code Enforcement Ad Hoc Committee and authorize the Director of Community Development to review recommendations of the Matrix Consulting Group's Management Study of the Code Enforcement Division with the committee and report back to the Mayor and Common Council with recommendations. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack _. ...... _.. ._.i 7. Staff Reports A. City Attorney An 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 the Single-Family Rental Property Inspection Program. (FIRST READING) Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 4/16/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack B. City Manaeer Federal Legislative Advocacy Update, Innovative Strategies (Federal Lobbyist) Leticia White from Innovative Federal Strategies stated that legislative priorities for 2012 included transit funding, funds for law enforcement programs, support for local businesses, energy efficient upgrades to City facilities and support for water recycling. Public Comments: Jay Lindberg, former resident of the City of San Bernardino. Consensus Motion: Receive and file the report. Mayor and Common Coancil of the City of San Bernardino Page 8 Printed 411012012 i Joint Regular Meeting Minutes April 2, 2012 C. City Manager Oral Update on the Status of the Redevelopment Agency/Economic Development Agency Transition Consensus Motion: Receive and file. D. Community Development Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Electric Fences Motion: Refer the matter to the Legislative Review Committee. RESULT: ADOPTED [6 TO 01 MOVER: Chas A. Kelley, Council Member Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson ABSTAIN: Wendy J. McCammack E. Council Office ® Council Committee Assignments Motion: Approve the recommended Council Committee assignments. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack F. Council Office Payroll Voluntary Contribution Choice Motion: Request City Manager to direct the Finance Director to create a new payroll line item whereby city employees may voluntarily donate to the San Bernardino Hometown Heroes Military Banner program and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents. ----.. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 OAYES Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack Mayor and Common Conned of the City of San Bernardino Page 9 Primed 411012012 Joint Regular Meeting Minutes April 2, 2012 G. Council Office Policy to Avoid Government by Surprise Motion: Refer to the Legislative Review Committee the request to draft a policy change to ensure that the Mayor, Common Council and the public receive all personnel action items in a timely and fully transparent manner to avoid"government by surprise"situations. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley,Johnson,McCammack H. Council Office RES. 2012-58 — Resolution of the Mayor and Common Council of the City of San Bernardino in Support of AB 1437 Budget Transparency, an Act to Add Section 9518 to the Government Code,Relating to the State Budget. Motion: Adopt Resolution. ll RESULT: ADOPTED ]UNANIMOUSI `.... MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO REDEVELOPMENT AGENCY A. Civil Service Personnel Actions - Classified (At Meeting of March 19, 2012, Item Continued to April 2,2012.) Motion: Approve the classified personnel actions pursuant to Civil Service Rule 502 (b), 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 Acting as the Successor Agency to the Redevelopment Agency. O Mayor and Common Council of the City of San Bernardino Page 10 Printed 411012012 Joint Regular Meeting Minutes April 2, 2012 1 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9. SAN BERNARDINO HOUSING AUTHORITY A. Citv Attorney RES. 2012-59 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Endeman, Lincoln, Turek & Heater for Legal Services in the Case of Glen Aire Mobilehome Park Corporation, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1114110. Public Comments: Scott Olson, San Bernardino, CA. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS) — -- --- MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 10. Public Comments on Items Not on the Agenda Faizah Dean, San Bernardino, CA, President of Female Discrimination, a charitable organization that organizes and develops projects to promote awareness of female discrimination, stated that females do not need more welfare, but a secure future of just employment and opportunity, better wages and health care. She also spoke about tax evasion and the MEW Local Union#47. Scott Olson, San Bernardino, CA, spoke about mobile home rent control issues and announced that he is working on a Facebook page called "the San Bernardino Mobile Residents Group"for anyone who lives in a mobile home park to look for information. Jay Lindberg, former resident of the City of San Bernardino, spoke about the concept of solar energy as a means to put people to work and to save money on utility bills. Council Member McCammack stated that she would like to publicly get information out Oto businesses and homeowners regarding available funding opportunities. Mayor and Common Council of the City of San Bernardino Page 11 Printed 411012011 Joint Regular Meeting Minutes April 2, 2012 11. Adjournment At 8:34 p.m., the meeting adjourned to Tuesday, April 3, 2012 at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011/12 City budget. 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, April 16, 2012. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland Deputy City Clerk l Mayor and Common Council of the City of San Bernardino Page 12 Printed 411012012