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HomeMy WebLinkAbout02-04-2013 Jt. Reg Mtg Minutes 14ARprNO City of San Bernardino Mayor Patrick J. Morris e Council Members 300 North "D" Street Virginia Marquez ° o San Bernardino, CA 92418 Robert D. Jenkins y John Valdivia Fred Shorett �� M► DIN 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, FEBRUARY 4, 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. Morris at 1:15 p.m., Monday, February 4, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 P.M. Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. John Valdivia Council Member, Ward 3 Present 3:00 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 P.M. Chas A. Kelley Council Member, Ward 5 Present 3:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member, Ward 7 Present 1:00 P.M. Patrick J. Morris Mayor Present 1:00 P.M. James F. Penman City Attorney Present 1:00 P.M. Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Andrea Travis-Miller City Manager Present 1:00 P.M. Mayor and Common Council of the City ojSan Bernardino Page I Printed 211112013 Joint Regular Meeting Minutes February 4, 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. 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. 1F, conference with labor negotiator: Police Management. City Attorney Penman announced that the following additional items had been discussed in closed session: Under Agenda Item No. 113, significant exposure to litigation: Agenda Item No. 9C -Urban Futures, Inc.; City as Successor Agency to the Redevelopment Agency- reorganization. Under Agenda Item No. 1C, initiation of litigation: 864 S. Eucalyptus, San Bernardino. Under Agenda Item No. 1D,personnel: Positions of City Manager and Finance Director, and some positions of the City Oas Successor Agency. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 211112013 Joint Regular Meeting Minutes February 4, 2013 Reading of Resolutions and Ordinances v Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of Theresa Montano Guillen. Invocation/Pledge of Allegiance The invocation was given by Council Member Wendy McCammack. The Pledge of Allegiance was led by Nicholas Kollig, a fifth grade student at Ramona Allessandro Elementary School. 2. Appointments 2A. Mayor's Office Appointment of Sandra Owen Olivas to the Historical Preservation Commission - Council Member Virginia Marquez Motion: Approve the appointment of Sandra Owen Olivas to the Historical Preservation Commission as requested by Council Member Virginia Marquez. RESULT: ADOPTED [UNANIMOUS] 00:08:51 t MOVER: Rikke Van Johnson, Council Member, Ward 6 © SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack 2B. Mayor's Office Appointment of Carlos Rosa to the Human Relations Commission - Council Member John Valdivia Motion: Approve the appointment of Carlos Rosa to the Human Relations Commission as requested by Council Member John Valdivia. RESULT: ADOPTED [UNANIMOUS] 00:08:51 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 2C. Mayor's Office Appointment of Michael Gallo to the Planning Commission - Council Member Fred Shorett Motion: Approve the appointment of Michael Gallo to the Planning Commission as requested by Council Member Fred Shorett. O ' Indicates timestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office Mayor and Common Council of the City of San Bernardino Page 3 Printed 211112013 Joint Regular Meeting Minutes February 4, 2013 RESULT: ADOPTED [UNANIMOUS] 00:08:51 v MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3. Presentations 3A. Certificate of Commendation -- John Coute -- Outgoing 4th Ward Planning Commissioner-- Council Member Shorett 3B. Chamber of Commerce Announcements - Jim Gersten slager 4. Announcements Acting City Manager Travis-Miller reported that the cash flow report for the last two- week time period was being prepared and would be completed and posted to the City's website tomorrow. Mayor Morris introduced Gregory Young and Rene Cesepes, district representatives from Congressman Gary Miller's office. Mr. Young stated that they are looking forward to O serving the community and pointed out that their main district office is located at 8300 Utica Avenue, Suite 105, Rancho Cucamonga, 91730. They can also be reached at (909) 980-1492 or at garymiller.house.gov. 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 February 4, 2013. RESULT: ADOPTED [UNANIMOUS] 00:59:30 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6. Public Hearings to be Heard at 4 p.m. 6A. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino to Amend the Planning Division Schedule of Fees to Bring the Schedule of Fees into Consistency O with Recently Approved Revisions to the Development Code Regarding Development Application Processes as they Relate to Administrative/Development Permits, Conditional/Minor Use Permits, and Temporary Use/Special Event Permits. Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 211112073 Joint Regular Meeting Minutes February 4, 2013 Mayor Moms opened the hearing. No public comments were received. Public Comments: Shirley Harlan, San Bernardino Motion: Continue to March 4, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 3/4/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 01:03:41 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Continued Items 7A. City Clerk RES. 2013-25 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for San Bernardino Police Management Association (SBPMA) Unit Employees. (Continued from January 28, 2013.) C A resolution was submitted into the record and distributed to the Mayor and Council by the City Attorney's office. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:21:22 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 711. Council Office Discussion of Funding for Street Lights (Continued from January 22, 2013.) Council Member Valdivia made a motion, seconded by Council Member Kelley, to refer the matter to the CDBG Ad Hoc Committee. No vote was taken. Mayor Moms stated that it is important to have a written report from staff with regard to CDBG funds so the Council could prioritize the uses of those funds. Substitute Motion: Direct the City Manager to return to the Council with a staff report on QFebruary 19, 2013. Mayor and Common Council of the City of San Bernardino Page 5 Printed 211112073 Joint Regular Meeting Minutes February 4, 2013 RESULT: ADOPTED [UNANIMOUS] 01:40:17 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7C. Council Office Recommendation to Study Outdoor Vending to Include, But Not Limited To, Yard Sales and Swap/Flea Market, to the Ways and Means Committee, and Explore Quality of Life Improvements as it Pertains to Business Licensing and Related Issues Affecting Area Residents. (Continued from January 22, 2013.) Margo Wheeler, Director of Community Development, stated that there are issues in both Title 19 and Title 8 with regard to Indoor and Outdoor Swap Meets and the requirements within the various zones. She stated that it may be useful to take the code issues to the Legislative Review Committee and then if there are issues with regard to fees, then those would be referred to the Ways and Means Committee. Motion: Refer to the Legislative Review Committee. RESULT: ADOPTED [6 TO 11 01:51:50 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 C AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson 7D. Finance RES. 2013-26 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with Intellibridge Partners for Accounting Services. (At Meeting of January 7, 2013, Item Continued to January 10, 2013; Item Continued to January 22, 2013; Item Continued to February 4, 2013.) Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01.52:47 l MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia -- --- — -- -- ---- — ----- -.— — -- --- ---� 8. Staff Reports 8A. City Attorney Oral Report from the City Attorney on the Administrative Civil Penalties (ACP) Process and the Utilization of City Attorney Investigators. City Attorney Penman presented an oral report. No backup information was distributed. Mayor and Common Council ojthe City ojSan Bernardino Page 6 Printed 211112013 Joint Regular Meeting Minutes February 4, 2013 8B. City Attorney Oral Report to Mayor and Common Council on the Role of Individual Council Members City Attorney Penman presented an oral report. No backup information was distributed. 8C. City Clerk Council Minutes Motion: Approve the minutes of the Mayor and Common Council meetings of September 4, 2012 and September 17, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] 00:58:55 1 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ------- 8D. City Manager RES. 2013-27 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Memorandum of Understanding (MOU) by and Between the City of San Bernardino and San Bernardino Associated Governments (SANBAG) to Participate in the Property Assessed Clean Energy Program (PACE). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:16:31 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8E. 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. ._ RESULT: ADOPTED [UNANIMOUS] 02:18:49 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8F. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. Mayor and Common Council of the City of San Bernardino Page 7 Printed 2//1/20!3 Joint Regular Meeting Minutes February 4, 2013 RESULT: ADOPTED [UNANIMOUS] 02:22:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8G. Police RES. 2013-28 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Application For, and Authorizing the Police Department to Accept and Expend, If Awarded, a Checkpoint Grant from the State of California Office of Traffic Safety in the Amount of$167,971.48. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:23:12 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. 2013-29 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement with BCI Coca-Cola Bottling Company of Los Angeles dba the Coca-Cola Bottling Company of Southern California for the Exclusive Beverage Sales and Vending Rights at Certain City Locations. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:23:56 j i MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 9A. City Manaeer RES. 2013-30 — A Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Consent and Estoppel for the La Placita on 2nd Street LLC Project. © Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 211112013 Joint Regular Meeting Minutes February 4, 2013 RESULT: ADOPTED 15 TO 11 01:10:27 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson,McCammack NAYS: John Valdivia ABSENT: Chas A. Kelley 9B. City Manager RES. 2013-31 — A Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving a Subordination Agreement and an Assignment Regarding the Lugo Senior Apartments Project. Aaron Mendell, Meta Housing Corporation, stated that they expect to start construction later this week and finish the project in approximately nine months, or November 2013. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:18:30 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 OI AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack 9C. Redevelopment Agency RES. 2013-32 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino Approving the First Amendment to Agreement for Consulting Services with Urban Futures, Inc. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 02:27:27 1 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 j AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 10. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, spoke about her stolen personal items. i Shirley Harlan and Kathy Mallon, San Bernardino, spoke about the Senior Showcase O entitled "Jubilee Celebration 25 Years of Music and Gaiety," which will take place at 1:30 p.m., Saturday, March 16, 2013, at the Sturges Center for the Fine Arts. Tickets are $7 for adults and $5 for children. Mayor and Common Council of the City of San Bernardino Page 9 Printed 211112013 Joint Regular Meeting Minutes February 4, 2013 Larry Sharp, Redlands, expressed his concern that copies of the resolution were not handed out to the public regarding Item No. 7A especially because that resolution included about $12.5 million in reductions in salaries and benefits for the employees and it also included $7.6 million in concessions on salaries and benefits. He stated that it didn't appear that the savings were being tracked on a regular basis in terms of the Pendency Plan. Acting City Manager Travis-Miller responded by stating that the Pendency Plan was based on estimates of employment data and they recognize that due to the timing of implementation, not only of the concessions on employee groups, either the ones that were negotiated or those that were imposed, there were also some other things they could not anticipate at the time the Pendency Plan was proposed. For instance, there has been a mass exodus of employees, so some of the cost savings that they didn't anticipate to realize, they are actually realizing, and then some of the numbers that were projected in terms of savings related to employee concessions are inflated because of the higher exodus than what was anticipated. They are in the process of preparing the line item budgets and are finalizing those numbers so the Council can look at exactly where we are on a line-by-line basis and that is something we are responsible for providing to the court. She went on to say that while there are some savings they wanted to realize that weren't realized until later because of timing of implementation, for instance, the budget reductions in terns of the layoffs took longer than they anticipated. There are other things that have come in lower than what they anticipated because either the employees have left the organization or they've been able to do some restructuring that has resulted in increased cost savings. 11. Adjournment The meeting adjourned at 5:54 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., Tuesday, February 19, 2013. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland Deputy City Clerk O Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 211112013