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HomeMy WebLinkAbout07-16-2012 Jt. Reg Mtg Minutes � RSAR& City of San Bernardino Mayor Patrick J. Morris � 300 North "D" Street Council Members ° San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett F1) 1N 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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,JULY 16, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morns at 1:32 p.m., Monday, July 16, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:32 PM Robert D. Jenkins Council Member, Ward 2 Present 1:41 PM John Valdivia Council Member, Ward 3 Present 1:33 PM Fred Shorett Council Member, Ward 4 Present 1:31 PM Chas A. Kelley Council Member, Ward 5 Present 3:13 PM Rikke Van Johnson Council Member, Ward 6 Present 3:53 PM Wendy J. McCammack Council Member, Ward 7 Present 1:37 PM Patrick J. Morris Mayor Present 2:52 PM James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 10:48 AM Andrea Travis-Miller City Manager Present Mayor and Common Council ojthe City oJSan Bernardino Page] Printed 81112011 Joint Regular Meeting Minutes July 16, 2012 1. Closed Session CPursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a): Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CLADS 1109321; Universal Trailers v. City 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. 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 item would be discussed in closed session under Agenda Item No. 1B, significant exposure to litigation: Agenda Item No. 9A. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morns requested a moment of silence in memory of Richard Gerwig. Invocation/Pledge of Allegiance The invocation was given by Chaplain Ray Miller from the San Bernardino Police Department. The Pledge of Allegiance was led by Alicia Rios, a fifth grade student at Kendall Elementary OSchool. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 81112011 Joint Regular Meeting Minutes July 16, 2012 2. Appointments There were no commission appointments. 3. Presentations 3A. Resolution - Evelyn Alexander, President - Native Sons of the Golden West 125th Anniversary, Arrowhead Parlor#110 - Council Member Shorett 3B. San Bernardino Hometown Heroes Military Banner Program Presentation - Council Members Marquez and Johnson The National Anthem was sung by Erica Sumner of the Rock Church. 3C. Presentation by Southern California Edison (SCE) - Status of Street Lighting in the City of San Bernardino-Interim Public Works Director Smith A PowerPoint presentation titled, "2012 Streetlight Presentation," Presented to City of San Bernardino, Southern California Edison (SCE), Local Public Affairs, Beverly Powell and Shawn Wager, was submitted into the record. 3D. Chamber of Commerce Announcements—Jim Gerstenslager 4. Announcements - Mayor, Common Council and elected officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated July 16, 2012. RESULT: ADOPTED [UNANIMOUSI MOVER: Wendy J. McCammack, Council Member, Ward 7 j SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 5B. Civil Service Personnel Actions - Classified 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, with the deletion of the Recreation Aide position. C Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 81111012 Joint Regular Meeting Minutes July 16, 2012 ,i RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack ABSENT: John Valdivia 6. Public Hearings to be Heard at 4:00 p.m. 6A. City Clerk RES. 2012-196 — Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. (Continued from July 2, 2012) The hearing was opened on July 2, 2012. No public comments were received. Motion: Close the hearing; direct the City Clerk to administratively remove any I properties from Exhibit "A" which have been paid prior to the hearing; and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack 6B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Filing of a Petition Under Chapter 9 of the United States Bankruptcy Code. Mayor Morris opened the hearing. Public Comments: Lena Platt, representing the La Rouche Political Action Committee; Kathy Mallon, San Bernardino, CA; Debbi Malley, San Bernardino, CA; Terry Elliott, San Bernardino, CA. Motion: Continue the matter to the Council meeting of July 18, 2012, at 5 p.m. Mayor and Common Council of the City ojSan Bernardino Page 4 Printed 81112012 Joint Regular Meeting Minutes July 16, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 7/18/2012 5:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6C. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Declaring a Fiscal Emergency in the City of San Bernardino. Mayor Morris opened the hearing. Andrea Travis-Miller, Acting City Manager, explained what a fiscal emergency is, what that means for the City, and how it will affect day-to-day operations. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony. Public Comments: Kathy Mallon, San Bernardino, CA; Steve Tracy, speaking on behalf of the San Bernardino Firefighters; Corie Lopez, San Bernardino, CA; Kenneth Kilpatrick, San Bernardino, CA; Sharon Blechinger, owner of the Mexico Cafe, San Bernardino, CA; Larry Quiel, San Bernardino, CA; George Swift,representing the City's General Unit Employees; Kenneth Cash, San Bernardino, CA; Estelle Montenegro, San Bernardino, CA; Stephen Johns, City employee, San Bernardino, CA; Cheryl Brown, San Bernardino, CA; Owen Mobley, San Bernardino, CA; Charles Greenwood, City employee, San Bernardino, CA; Don Gallegos, Riverside, CA; Roxanne Williams, San Bernardino, CA; Terry Elliott; San Bernardino, CA; Kim Carter, San Bernardino, CA; Alfred Palazzo, San Bernardino, CA; James Smith, San Bernardino, CA; Dr. Craig Ponder, Sr., Lake Arrowhead, CA. I Ms. Travis-Miller recommended that the Council move to provide protection to the City I by allowing staff to develop a restructuring plan which would enable them to right-size the organization and ensure that the City can continue to provide quality programs and services. She stated that the bankruptcy court will require the City to identify ways to © restructure the organization and implement strong financial policies. She stated that the City should have financial policies in place that require a certain amount of reserve spending, and should begin to put money aside for long-term obligations. Mayor and Common Council of the City of San Bernardino Page 5 Printed 71112011 Joint Regular Meeting Minutes July 16, 2012 Council Member McCammack distributed to the Mayor and Council and submitted into the record a document titled, "City of San Bernardino Cross Fund Report, Summary Listing, Report By Fund-Account, from date: 7/1/2011 - To Date: 6/30/12. Discussion ensued regarding the borrowing/repayment of restricted funds and deficit spending. Motion: Continue the matter to the Council meeting of July 18, 2012, at 5 p.m. RESULT: CONTINUED [UNANIMOUS] Next: 7/18/2012 5:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Motion: To direct the Acting City Manager to start the process of formal negotiations with all employee groups by Friday, July 20, 2012. 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 6D. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (At Meeting of May 7, 2012, Item Continued to May 21, 2012; Item Continued to June 18, 2012; Item Continued to July 2, 2012; Item Continued to July 16, 2012.) The hearing was opened on May 7, 2012. Motion: Close the hearing; approve the ward boundaries reflected in Proposal E, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the July 16, 2012 meeting of the Mayor and Common Council. 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 Mayor and Common Council of the City of San Bernardino Page 6 Printed 81112011 Joint Regular Meeting Minutes July 16, 2012 6E. Community Development ORD. MC-1375 — An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Section 19.02.060(1), Establishment of Zoning Districts, to Add the Transit Overlay District (TD) and Adding Chapter 19.19A to Establish the Transit Overlay District Development Standards and Design Guidelines. (FINAL READING) (Laid over from July 2, 2012) Council Member McCammack stated that she would be abstaining on this item as Omnitrans is a client of her business. She left the Council Chambers and returned after the vote was taken. Motion: Adopt Ordinance. RESULT: ADOPTED [4 TO 21 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez,Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia i ABSTAIN: Wendy J. McCammack 7. Continued Items 7A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Purchase Order with the Safeway Sign Company for the Purchase of Traffic Signs for Repair, Removal, and Replacement of Damaged, Faded and Vandalized Signs, and New Installation of Signs Located Throughout the City of San Bernardino. (Continued from July 2, 2012) Council Member Valdivia made a motion, seconded by Council Member Jenkins, to amend the Purchase Order from $100,000 to $92,826. No vote was taken. Motion: Reject all bids and seek bids from local sign companies to include interior illuminated lights. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 81111011 Joint Regular Meeting Minutes July 16, 2012 8. Staff Reports 8A. City Clerk Council Minutes Motion: Continue the matter to the Council meeting of August 6, 2012, RESULT: CONTINUED [UNANIMOUS] Next: 8/6/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8B. City Clerk Council Minutes Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of November 21, 2011, December 19, 2011, January 9, 2012, February 6, 2012 and February 21, 2012, as submitted. RESULT: ADOPTED 16 TO 11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward I AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8C. City Manager Authorization to Prepare a Substantial Amendment to the City's 2012-2013 HUD Action Plan to Adjust Allocations to Various Public Service Projects Council Member McCammack stated that she would be abstaining from the following line items in the document either because they are clients of her business or, in the case of the Assistance League, because she was just installed as president: Item No. 2 under CDBG Recipients and any line items relating to Neighborhood Housing Services and Catholic Charities. Council Member Valdivia advised that on Packet Page 702 of the backup, the adjusted allocation regarding Item No. 2, Global One Development Center, should be changed from"none"to '30". Public Comments: Jackie Behling, Executive Director of Global One Development Center; spoke in support of the organization; Ernest Jimenez, spoke in support of Global One Development Center; Brandi Moore, spoke in support of Global One Development Center; Tiffany Jennings, San Bernardino, CA, spoke in support of Youth Hope Inc.; Joseph Williams, San Bernardino, CA, spoke in support of Youth Action Project. Mayor and Common Council of the City of San Bernardino Page 8 Printed 81112012 Joint Regular Meeting Minutes July 16, 2012 Motion: Approve proposed adjustments to the various public service activities recommended by the Community Development Block Grant (CDBG) Ad Hoc Committee; with the deletion of the Global One Development Center; and authorize the preparation of a Substantial Amendment to the City's 2012-2013 HUD Action Plan. 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 8D. City Manaaer RES. 2012-197 — Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the City of San Bernardino to Establish 2012-2013 Expenditures for the Month of August, 2012 Only, at One-Twelfth the Actual Levels Contained in the Adopted Budget for 2011-2012 Fiscal Year, or as Needed to Pay the Authorized Costs Incurred for the Month of August 2012 Only, Pending Final Approval of the 2012-2013 Budget. Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 1 J 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 8E. Fire RES. 2012-198 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Services Agreement Between the City of San Bernardino and Fire Recovery USA and Issuance of a Purchase Order to Fire Recovery USA to Provide Billing Services for the Hazardous Material Spill Incident Program from August 1, 2012, through January 31, 2013. Motion: Adopt Resolution. RESULT: ADOPTED 15 TO 21 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Johnson,McCammack NAYS: John Valdivia, Chas A. Kelley Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 81111011 Joint Regular Meeting Minutes July 16, 2012 8F. Parks,Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. (At Meeting of July 16, 2012, Item Continued to August 6, 2012.) Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 6, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/6/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8G. Parks, Recreation & Community Services RES. 2012-199 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying Submittal of a Continuation Grant Application to the Corporation for National and Community Service, and Accepting the Grant Amount of $299,779 to Continue the Administration and Operation of the Senior Companion Program for the Period of July 1, 2012 through June 30, 2013 for the Senior Companion Program. Motion: Adopt Resolution. 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 8H. Public Works RES. 2012-200 — Resolution of the City of San Bernardino approving Construction Cooperative Agreement No. C12241 with San Bernardino County Transportation Authority to Provide Construction Services for a Grade Separation at Palm Avenue over the Burlington Northern Santa Fe Railroad(CIP Project No. SSO4-53). 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 Mayor and Common Council ojthe City ojSan Bernardino Page 10 Printed 71112012 Joint Regular Meeting Minutes July 16, 2012 8I. Public Works RES. 2012-201 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Sharing Cost of Caltrans Highway Electrical Facilities. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8J. Public Works RES. 2012-202 — 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 $91,600 to Vulcan Materials Company of San Bernardino for the Purchase of Asphalt Materials. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8K. Public Works RES. 2012-203 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying Submittal of the FY 2012-13 Oil Payment Program Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). Motion: Adopt Resolution. RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack NAYS: John Valdivia 8L. Public Works RES. 2012-204 — Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Lease between the City of San Bernardino and Easter Seals Southern California, Inc., for City-Owned Property located at 241 E. 9th Street, San © Bernardino, CA. Motion: Adopt Resolution; and authorize the Director of Public Works to proceed with the sale of City property located at 241 E. 9th Street, and also known as Assessor's Parcel Numbers 0140-241-45 & 54. Mayor and Common Council ojthe City ojSan Bernardino Page I1 Printed 81112012 Joint Regular Meeting Minutes July 16, 2012 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 9. Mayor and Common Council Acting as the Successor Agency to the Housing Authority 9A. Economic Develoument Aeency Reconveyance of Expired Affordability Covenant Motion: Continue the matter to the Council meeting of August 6, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/6/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 i SECONDER: Wendy J. McCammack, Council Member, Ward 7 I AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack �^ 10. Public Comments on Items Not on the Agenda t Betty Jean Long, San Bernardino, CA, spoke about the bankruptcy. `�•' Don Gallegos, Riverside, CA, spoke about the Riverside City Council that meets every Tuesday at 3 p.m. and 6:30 p.m.; stated that he was impressed with the relationships the Council Members have with their constituents. 11. Adjournment At 8:55 p.m., the meeting adjourned to Wednesday, July 18, 2012, at 5 p.m., in the Council Chambers of City Hall, to discuss Agenda Item Nos. 6B and 6C. 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, August 6, 2012. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City ojSan Bernardino Page 12 Printed 81111011