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HomeMy WebLinkAbout11-05-2012 Jt. Reg Mtg Minutes AR City of San Bernardino Mayor Patrick J. Morris s? �� 300 North "D" Street Council Members SSan Bernardino CA 92418 Virginia Marquez x Robert D. Jenkins z http://www.sbcity.org John Valdivia Fred Shorett °NDFn Ilz v�� 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 NOVEMBER 5, 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. Morris at 1:36 p.m., Monday, November 5, 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 1:30 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. ® Patrick J. Morris Mayor Present 1:30 p.m. James F. Penman City Attorney Present 1:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. Andrea Travis-Miller City Manager Present i 1:30 p.m. Mayor and Common Council of the City ojSan Bernardino Pagel Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 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 M1,• In The Matter of the Statement of Issues Against: Michael Billdt, OAH No. 2010120644. 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: Haddad v. City of San Bernardino, as Successor Agency; Hillcrest Contracting; Repavement Contract; Home Depot v. City of San Bernardino, as Successor Agency; Tallman Family Building v. City of San Bernardino, as Successor Agency; United States Department of Housing and Urban Development v. City of San i Bernardino. C.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: Police Safety Police Management Fire Safety Fire Management Mid-Management General Management/Confidential © G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances %,r, on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Lazard Harrison from Life Changing Ministries. The Pledge of Allegiance was led by Councilman Shorett. 2. Appointments There were no commission appointments. 3. Presentations 3A. Certificates of Commendation -- Miss Cardinal 2012-13 and Court -- Council Member Jenkins Council Member Jenkins recognized San Bernardino High School's Miss Cardinal City Sandra Castro and Miss Cardinal City Princesses Brianda Chavez, Stephany Lopez (not present), Kenia Garcia, and Jessica Negrette. 3B. Resolution -- Pastor Percy Harper -- 84th Church Anniversary of St. Mark Missionary Baptist Church -- Council Member Valdivia 3C. Resolutions -- San Bernardino Resident Partnerships -- Council Member McCammack Resolutions of Commendation were presented to Susan Kitchen, Executive Assistant of the San Bernardino Area Chamber of Commerce, and Joe Vigil, City Crossing Guard for 30 years, for their dedicated service to the City of San Bernardino. 3D. Chamber of Commerce Announcements -Jim Gerstenslager 4. Announcements - Mayor, Members of the 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 November 5, 2012. RESULT: ADOPTED [UNANIMOUS] 00:55:271 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 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 1112012012 Joint Regular Meeting Minutes November 5, 2012 6. Public Hearings 6A. Community Development Ordinance of the City of San Bernardino to Amend Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Bring the Development Code into Compliance with Certain State Laws and the San Bernardino General Plan, to Add Land Use Definitions and Amend Development and Administration Processes Standards Within the Development Code. (FIRST READING) Mayor Morris opened the hearing. No public comments were received. Motion: Close the hearing; and lay over Ordinance for final adoption. RESULT: FIRST READING [6 TO 01 Next: 11/19/2012 1:30 PM l MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 00:56:37 7. Staff Reports 7A. City Manaser RES. 2012-255—Resolution of the Mayor and Common Council Authorizing the Mayor on Behalf of the City Council to Request a Proposal from the San Bernardino County Sheriffs Department for the Provision of Law Enforcement Services and Authorizing the Interim City Manager to Coordinate with the Sheriffs Department to Provide the Information Required to Formulate the Proposal. Submitted into the record and distributed to the Mayor and Council was Opinion No. 12- 2 addressed to Andrea M. Travis-Miller, Interim City Manager, from James F. Penman, City Attorney, dated November 5, 2012, regarding Obligations and authority of City Manager and Director of Finance to act independently of Mayor and Council to address City's financial condition. Council Member Jenkins submitted into the record and distributed to the Mayor and Council a document titled, "City of Rancho Cucamonga, California, Fiscal Year 2012/13 Adopted Budget. Staff advised that on page 1, line 9 of the proposed resolution, 2011-12 should have read 2012-13, and on line 22, the word "of' should be deleted. 0 Mayor and Common Council of the City of San Bernardino Page 4 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 Public Comments: Paul Sanborn, San Bernardino, CA Glenn O'Neal, Highland, CA Betty Jean Long, San Bernardino, CA Rich Everett, San Bernardino City police officer Steve Turner, President of SBPOA Michele Mahan, San Bernardino City police officer Jeffrey Frisch, San Bernardino City police officer John Marini, San Bernardino City firefighter Ron Coats, San Bernardino, CA Roger Handerson, San Bernardino, CA Cheryl Brown, San Bernardino, CA Robert Cravens, City employee Phil Savage, San Bernardino, CA Draymond Crawford, San Bernardino, CA Steve Tracy, San Bernardino City firefighter Juan Figueroa, San Bernardino, CA Francisco Hernandez, San Bernardino City police officer Josh Simpson, San Bernardino City police detective Jim Smith, San Bernardino, CA Debbi Matley, San Bernardino, CA Tim Prince, San Bernardino, CA Mary Yanez, San Bernardino City police officer Roy Ferguson, San Bernardino, CA Motion: Refer the matter to the Public Safety Ad Hoc Committee. RESULT: FAILED [3 TO 41 04:12:10 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack Motion: Continue to Tuesday, November 6, 2012, at 5 p.m. to give the Chief of Police and the Assistant Chief of Police an opportunity to address the matter. RESULT: FAILED [3 TO 4] 04:28:34 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack Motion: Adopt the Resolution, as revised. Mayor and Common Council of the City of San Bernardino Page 5 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 --------- _ QRESULT: ADOPTED 14 TO 31 04:33:35 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 713. Civil Service Personnel Actions - Classified Council Member McCammack made a motion, seconded by Council Member Shorett, to approve the classified personnel actions (revised 1115112), 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. Council Member Shorett subsequently withdrew his second. i Motion: Approve classified personnel action items 1-3 and 28 (revised 1115112), 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. FRESULT: ADOPTED [4 TO 31 04:53:101 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson Motion: Approve the classified personnel action items 4-27 and 29 (revised 1115112), 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 [UNANIMOUS] 04:54:07 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7C. Community Development Direct the Community Development Director to Issue Request for Proposals for Discing and Mowing of Vacant Properties for Weed Abatement Services Motion: Direct the Community Development Director to Issue "Request for © Proposals for Discing and Mowing of Vacant Properties for Weed Abatement Services" Forthwith Including the Approval and Implementation of the Timeline Discussed in the Staff Report. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 RESULT: ADOPTED [UNANIMOUS] 04:55:02 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7D. Human Resources Personnel Actions -Unclassified Public Comments: Tim Prince, San Bernardino, CA Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [6 TO 11 04:55:58 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett 7E. Parks, Recreation & Community Services RES. 2012-256 — Resolution of the Mayor and Common Council of the City of San Bernardino Disclaiming and Waiving Any Interest in the Property Located at Palm Lane and Monterey Avenue, San Bernardino (APN 0279-042-12) Owned by the County of San Bernardino and Approving the County of San Bernardino's Conveyance of Said Property to the San Bernardino City Unified School District. Council Member McCammack stated that she would be abstaining from this item as the San Bernardino City Unified School District is a client of her business. She left the Council Chambers and returned after the vote was taken. City Attorney Penman stated that he would be abstaining from this item because his wife is a member of the Board of Trustees of the San Bernardino City Unified School District. He stated that the item had been signed off by Tom Clark, outside counsel. He left the Council Chambers and returned after the vote was taken. Public Comments: Dee Stoddard, President of the Friends of CID, San Bernardino, CA Motion: Adopt the Resolution. C Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 RESULT: ADOPTED 16 TO O] 05:04:26 V MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 7F. Police RES. 2012-257 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Obligation and Expenditure of the Walmart Foundation Grant in the Amount of$1,500.00 for the"Shop with a Cop" Christmas Event. Motion: Adopt the Resolution. ; RESULT: ADOPTED [UNANIMOUS] 05:09:18 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack 7G. Public Works Ordinance of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Establish a 40 M.P.H. Speed Limit on Northpark Boulevard Between Campus Parkway and Electric Avenue. (FIRST READING) Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 11/19/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 05:10:31 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7H. Public Works RES. 2012-258 — Resolution of the City of San Bernardino Adopting the Five-Year Capital Improvement Program (2012-2017) for Measure "P' Local Expenditures. Motion 1: Adopt the Resolution with Exhibits "A" and "B". RESULT: ADOPTED [UNANIMOUS] 05:11:24 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 Council Member Shorett clarified that he did not have a conflict with the CIP project that was listed on Exhibit"C". Council Member Valdivia stated that he no longer had a conflict with SS07-003, but he did have a conflict with SS12-001 and also with the following projects that he requested be added due to the fact that he owns property in close proximity to those projects: SSO4-150, SS12-001, SS12-002, SS13-007 and SS13-008. He left the Council Chambers and returned after the vote was taken. Motion: Adopt the Resolution with Exhibit"C". RESULT: ADOPTED [5 TO 01 05:22:37 1 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSTAIN: John Valdivia ABSENT: Chas A. Kelley 71. Public Works RES. 2012-259 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution .... Designating Certain Streets or Portions Thereof as through Highways..." and Declaring that Revere Avenue is a through Highway from and Including Humbolt Avenue to Kendall Drive. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:23:52 MOVER: Wendy J. McCammack, Council Member, Ward 7 I SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 7J. Public Works RES. 2012-260 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Cajon Creek Storm Drainage Improvements - Credit and Reimbursement Agreement with the Calmat Company. Motion: Adopt the Resolution. C Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 1112012012 Joint Regular Meeting Minutes November 5, 2012 RESULT: ADOPTED [UNANIMOUS] 05:24:35 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 71C Public Works RES. 2012-261 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of a Cooperative Agreement with the County of San Bernardino for Pedestrian Infrastructure Improvements Along Pacific Street from Perris Hill Park to Glasgow Avenue. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:24:55 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 8. Public Comments on Items Not on the Agenda `�•� Jim Smith, San Bernardino, CA, announced that the Norton Air Force Base Museum will be accepting donations of any items related to the Norton Air Force Base from its opening, 50 years ago, to its closure in 1994, every Thursday, beginning November 8, 2012, from 10 a.m. to 2 p.m. He stated that if anyone was interested they could contact Robert Edwards at 382-7303 or by visiting their website at nafbmuseum(),gmail.com, or they could also contact Kathryn Pritchert at 382-4100, Ext. 134. 9. Adjournment At 9:26 p.m., the meeting adjourned. 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, November 19, 2012. GEORGEANN "GIGI" HANNA City Clerk By QOJ(A,�r1tiLlldJLCl.,teP . Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 10 Printed 1112012012