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HomeMy WebLinkAbout01-28-2013 Jt. Adj Reg/Spe Mtg Minutes �gNARD� Mayor Patrick J. Morris r� City of San Bernardino y 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett °INpFn tN Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT ADJOURNED REGULAR/SPECIAL 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,JANUARY 28, 2013 COUNCIL CHAMBER 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 3:40 p.m., Monday, January 28, 2013, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 3:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 3:30 p.m. John Valdivia Council Member, Ward 3 Present 3:30 p.m. Fred Shorett Council Member, Ward 4 Present 3:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 3:30 p.m. Rikke Van Johnson Council Member, Ward 6 Present 3:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 3:30 p.m. Patrick J. Morris Mayor Present 3:30 p.m. ® James F. Penman City Attorney Present 3:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 3:30 p.m. Andrea Travis-Miller City Manager Present 3:30 p.m. Mayor and Common Council ofthe City of San Bernardino Page 1 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 1. CLOSED SESSION — Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ, BICEP. 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: San Bernardino Police Officers Association (SBPOA) -Police Safety; San Bernardino City Professional Firefighters, Local 891 -Fire Safety; San Bernardino Public Employees Association (SBPEA) -Mid Management Bargaining Unit; Police Management Association (PMA); Fire Management Association (FMA): International Union of Operating Engineers (IUOE) - General Unit Employees; Management/Confidential Employees G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. OLD BUSINESS 2A. Human Resources RES. 2013-17 - Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. (Inadvertently Continued from January 24, 2013) Note: The resolution number was assigned to this resolution at the meeting of January 24, 2013. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 2B. (Previously Item 7A on the January 22, 2013,Agenda) Civil Service Personnel Actions—Classified—Items 7-16 Council Member Kelley stated that he wanted to change the vote he cast on January 22, 2013,Agenda Item 7A, from an abstention to a"no." Since other Council members had changed their votes on this same item at the meeting held on January 24, 2013, and Council Member Johnson had been absent on January 22 and was now present to register a vote, it was the consensus that the matter should be reconsidered and a final vote taken. Motion: To reconsider Agenda Item 7A on the January 22, 2013, agenda. ( RESULT: ADOPTED [5 TO 21 00:24:07 t MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson,McCammack NAYS: John Valdivia, Chas A. Kelley Motion: Approve the classified personnel actions 7-16, as submitted by the Chief Examiner on January 7, 2013, and continued to January 22, 2013, Agenda Item 7A, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [4 TO 31 00:25:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett,Rikke Van Johnson, Wendy J. McCammack NAYS: Robert Jenkins, John Valdivia, Chas A. Kelley 3. NEW BUSINESS 3A. City Clerk RES. 2013-18 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for the Mid-Management Unit Employees Represented by the San Bernardino Public Employees Association (SBPEA), Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor and Common Council on November 26, 2012 by Resolution No. 2012-27. ' Indicates timestamp on DVD when motion/second was made. DVDs are on file in the City Clerk's Office Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 Mayor Morris stated that there had been some modification of the language in the proposed resolution. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [4 TO 31 00:29:25 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley Motion: To reconsider Agenda Item 3A. RESULT: ADOPTED 14 TO 31 00:34:34 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Motion: To add the words "waive full reading" to the motion and to approve the change on page 1, lines 24 and 25 to strike the words "and Fiscal Year (� 2013/14" as noted by City Attorney Penman during discussion of Agenda Item 313. RESULT: ADOPTED [4 TO 3] 00:35:19 i MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Virginia Marquez,Fred Shorett, Rikke Van Johnson, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley 3B. City Clerk RES. 2013-19 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for the Police Safety Employees Represented by the San Bernardino Police Officers Association (SBPOA) Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor and Common Council on November 26, 2012 by Resolution No. 2012-27. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. Mayor and Common Council of the City of San Bernardino Page 4 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 RESULT: ADOPTED 14 TO 31 00:32:36 MOVER: Fred Shorett, Council Member, Ward 4 �.r '... SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley 3C. City Clerk RES. 2013-20 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for the Fire Safety Unit Employees Represented by the San Bernardino City Professional Firefighters (SBCPF), Local 891, Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor and Common Council on November 26, 2012 by Resolution No. 2012-27. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [4 TO 31 00:37:15 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 O AYES: Virginia Marquez,Fred Shorett, Rikke Van Johnson, Wendy J. McCammack j NAYS: Robert D. Jenkins, John Valdivia, Chas A. Kelley _.. _.. -......._---- ' ----___ ------ -._.. ..... ._.. _.l 3D. City Clerk RES. 2013-21 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Modifications to the Retiree Health Insurance Payments for Police Safety and Police Management Employees in Accordance with the City's Pendency Plan, Item #8, adopted by the Mayor and Common Council on November 26, 2012 by Resolution 2012-27. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [5 TO 21 00:39:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 3E. City Clerk RES. 2013-22 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for San Bernardino Management/Confidential Association (SBCMA). Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. j RESULT: ADOPTED [5 TO 21 00:41:01 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 3F. City Clerk RES. 2013-23 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for San Bernardino Fire Management Association(SBFMA)Unit Employees. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [5 TO 21 00:45:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 3G. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Modifications to Terms and Conditions of Employment for the Police Management Unit Employees. It was noted that there was no formal resolution on this item—that the City Attorney's office had not received any comments back from the Police Management Association until 3:15 this afternoon, and there were some changes they wanted. © Motion: To continue to February 4, 2013. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 113012013 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 2/4/2013 1:30 PM j MOVER: John Valdivia, Council Member, Ward 3 00:47:41 " SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3H. City Clerk RES. 2013-24 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Terms and Conditions of Employment for General Unit Employees, Represented by the International Union of Operating Engineers (IUOE). Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [5 TO 21 00:49:24 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA There were no public comments. 5. ADJOURNMENT The meeting adjourned at 6:53 p.m. 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 1:00 p.m., Monday, February 4, 2013. GEORGEANN"GIGI"HANNA City Clerk By 4njj, e- — Linda E. Hartzel Deputy City Clerk 0 Mayor and Common Council of the City of San Bernardino Page 7 Printed 113012013