City of San Bernardino 300 North "D" Street San Bernardino, CA

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1 City of San Bernardino 300 North "D" Street San Bernardino, CA Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack DRAFT 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 OCTOBER 1, 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 1:42 p.m., Monday, October 1, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. 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 Absent 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 1:30 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 10/9/2012

2 1. Closed Session - Pursuant to Government Code Section(s): (A) Conference with legal counsel - existing litigation - pursuant to Government Code Section [a]: In re: City of San Bernardino, U.S. Bankruptcy Case No. 6:12-bk 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 (C) Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section (D) Personnel - pursuant to Government Code Section (E) (F) (G) 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 Conference with labor negotiator - pursuant to Government Code Section Conference with real property negotiator - pursuant to Government Code Section City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. 1A, existing litigation: Playco and the Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings - Superior Court of the State of California, County of Los Angeles, Central District, Case No. BC465755; and Under Agenda Item No. 1B, significant exposure to litigation: Agenda Item Nos. 7H and 7L. 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 Morris requested a moment of silence in memory of former Mayor Tom Minor. Invocation/Pledge of Allegiance The invocation was given by Pastor Sandy Tice from First Presbyterian Church. The pledge of allegiance was led by Mirella Bovadilla, an 11 th grade student at Casa Ramona Academy. Mayor and Common Council of the City of San Bernardino Page 2 Printed 10/9/2012

3 2. Appointments There were no commission appointments. 3. Presentations 3A. Proclamation Designating October 2012 as Community Planning Month Mayor Morris 3B. Presentation to Council Members Jenkins and Marquez by Sandra Castro, Miss Cardinal Homecoming Grand Marshall 3C. Chamber of Commerce Announcements Robert Gastel 4. Announcements Mayor, Members of the Common Council, and Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Waive full reading of resolutions and ordinances on the joint regular agenda dated October 1, RESULT: ADOPTED [UNANIMOUS] (00:52:14) 1 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson 5B. City Clerk Calendar of Council Meetings for 2013 Approve the Proposed 2013 Mayor and Common Council Meeting Calendar. RESULT: ADOPTED [UNANIMOUS] (00:52:14) SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson 1 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 10/9/2012

4 5C. Finance Approval of Commercial Checks and Payroll Checks Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [5 TO 1] (00:53:19) SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson NAYS: John Valdivia 6. Public Hearings 6A. Community Development RES Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No to Amend the Land Use Designation of Approximately Acres from Residential Urban (RU) to Industrial Heavy (IH), and Approving Conditional Use Permit No to Establish an Auto Dismantling and Salvage Yard with Retail Parts Sales on Acres Located at the South Side of Walnut Street Opposite of Artesian Avenue, and the Mitigation Monitoring and Reporting Program. (Continued from September 17, 2012.) The hearing remained open. Submitted into the record was an Interoffice Memorandum addressed to the Mayor and Common Council from Aron Liang, Senior Planner, dated October 1, 2012, regarding Agenda Item 6A - General Plan Amendment No & Conditional Use Permit No Pursuant to Resolution No , City Clerk Hanna administered an oath to the following individual that he would provide true and honest testimony. Public Comments: Tom Mungari, representing Apple Auto Dismantling, urged adoption of the project. He stated that the item appeared on the August 20, 2012 Council agenda, but was continued to resolve some questions that were presented in written comments to the Mitigated Negative Declaration by the City of Colton. After a series of meetings with Colton City officials as well as City of San Bernardino staff, those items were resolved. The second continuance was on September 17, 2012, when there were certain clarifications that were requested to be made to a condition that was added to mitigate the ponding situation on the corner of Muscott and West Walnut. Council Member Marquez stated that she read the backup and perhaps she missed it, but she understood that the Planning Commission added conditions regarding fencing. She asked Mr. Stewart to elaborate. Tony Stewart, City Planner, stated that based upon the recent changes to the fencing ordinance with regard to electrified fencing, Condition No. 24 was added. He stated that Mayor and Common Council of the City of San Bernardino Page 4 Printed 10/9/2012

5 the original proposal called for lower fencing along the side property line adjacent to where there was a potential for the stacking of certain auto parts that would exceed that fence height, so the Planning Commission asked for a taller fence in that area that would also extend for a longer length along that property line to make sure that those stored items would be appropriately screened. Ms. Marquez asked if a community meeting had been held to discuss any issues that residents may have had like noise levels and traffic. Mr. Mungari stated that he personally knocked on the doors of about 30 residences that front on Walnut between Muscott and east to the railroad crossing, and no negative statements had been made. Close the hearing; and adopt Resolution to: Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Exhibit C), and approve General Plan Amendment No and Conditional Use Permit No , based on the Findings of Fact contained in the Planning Commission Staff Report dated July 25, 2012 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B). RESULT: ADOPTED [UNANIMOUS] (00:57:46) MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson 7. Staff Reports 7A. Civil Service Personnel Actions - Classified 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] (01:01:05) SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson Mayor and Common Council of the City of San Bernardino Page 5 Printed 10/9/2012

6 7B. Community Development An Ordinance of the City of San Bernardino Repealing Chapter of the San Bernardino Municipal Code and Canceling Its Assumption of Responsibility for the Enforcement of the California Mobilehome Parks Act Pursuant to California Health and Safety Code Section 18300(e), and Returning Said Enforcement Authority to the California Department of Housing and Community Development. (FIRST READING) Substitute Substitute Council Member Kelley made a motion, seconded by Council Member Johnson, to lay the Ordinance over for final adoption. The vote was taken following further discussion. (01:05:20) Council Member Shorett made a motion, seconded by Council Member Jenkins, to transfer responsibility for the enforcement of the Mobilehome Parks Act to the Code Enforcement Division. Subsequently, Council Member Shorett rescinded his motion. (01:05:28) Council Member Jenkins made a motion to transfer responsibility for the enforcement of the Mobilehome Parks Act to the Code Enforcement Division. The motion died for lack of a second. (01:06:36) Joe Lease, Building Official, stated that the Building Division no longer has the resources to continue the program, and if it is returned to the state, the state will be obligated to conduct the proactive inspections, respond to complaints within mobilehome parks, and issue permits. Mr. Lease stated that 69 percent of cities within the Inland Empire have not assumed responsibility for the mobilehome park program, and statewide that number is 85 percent. The program costs more than the fees they are allowed to take in under California law, and if responsibility is returned to the state, projected budget savings would be $100,000. Council Member Jenkins expressed concern that residents in the City of San Bernardino will have to compete with nearby cities and then rely on the state to address their concerns. Substitute Council Member Valdivia made a motion, seconded by Council Member Jenkins, to transfer responsibility for the enforcement of the Mobilehome Parks Act to the Code Enforcement Division. Subsequently, Council Member Jenkins rescinded his second to the motion. (01:19:23) Public Comments: Scott Olson, San Bernardino, CA Lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 6 Printed 10/9/2012

7 RESULT: FIRST READING [UNANIMOUS] Next: 10/15/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 (01:21:47) SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson 7C. Council Office Discussion and Possible Action Re: Request for Proposals for Franchising of All Components of the City's Solid Waste Services Public Comments: Paul Flores, San Bernardino, general unit representative Submitted into the record and distributed to the Mayor and Council was a document titled Request for Proposals For Solid Waste Collection, Receiving, Processing, Transfer and Disposal Services, Public Works Director Jim Smith s Proposed Edits (Draft 5.5), dated September 26, Discussion ensued regarding the bid process; employment opportunities for current employees, two solid waste collection zones; managed competition; the 12-mile radius; AB341 relative to Material Recovery Facilities (MRFs); reduction of the number of bins from three to two; and compensating the consultant. Request that the Acting City Manager work out the details of the Request for Proposal (RFP) with the consultant and come back to the Council on October 15, RESULT: CONTINUED [5 TO 1] Next: 10/15/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 (01:22:18) SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 7 Printed 10/9/2012

8 7D. Council Office Creation of Quality of Life Ad Hoc Committee Continue the matter to the Council meeting of October 15, RESULT: CONTINUED [5 TO 1] Next: 10/15/2012 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 (02:12:52) SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson 7E. Finance Receive and File the City of San Bernardino Cash Flow Position Report as of September 26, 2012 Consensus Receive and file report and information. 7F. Finance RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Interim Public Works Director Consultant Services. Agenda Item Nos. 7F and 7G were discussed and voted on simultaneously. Andrea Travis-Miller, Acting City Manager, stated stated that she did not want this to be a long-term solution, but given the dynamics of the situation and the fact that they are saving money on the benefits, staff has proposed continuing this relationship for a period of time until they can evaluate the situation. Adopt the Resolution; and add a provision in the agreement that the Interim Public Works Director shall report his day to day operations directly to the Acting City Manager, and if there is a conflict between the President of Urban Futures, Inc. and the Acting City Manager, the Interim Public Works Director will take his direction(s) from the Acting City Manager. RESULT: ADOPTED [4 TO 2] (02:14:44) and (02:25:28) SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia Mayor and Common Council of the City of San Bernardino Page 8 Printed 10/9/2012

9 7G. Finance RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a Second Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Restructuring and Fiscal Analysis Consultant Services. Adopt the Resolution. RESULT: ADOPTED [4 TO 2] (02:15:09) SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia EXCUSED: Wendy J. McCammack 7H. Finance RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The City Manager to Execute an Agreement by and Between the City of San Bernardino and ATS Communications, a California Corporation, for the Purpose of Raising Capital by Selling Off City Interests in Existing Cell Tower Leases with the Cellular Telephone Service Providers to an Independent Third Party. Adopt the Resolution; and that any monies collected go toward repayment of the general fund deficit. RESULT: ADOPTED [5 TO 1] (02:27:27) MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson 7I. Finance RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Services Agreement by and Between the City of San Bernardino and ATS Communications, a California Corporation, for the Development of New Cell Tower Leases on City Property. Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 10/9/2012

10 RESULT: ADOPTED [5 TO 1] (02:30:43) MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson 7J. Fire RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with the City of Los Angeles for the Purpose of Accepting and Administering the FY 2010 Regional Catastrophic Preparedness Grant Program. Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] (02:31:36) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson ABSENT: Robert D. Jenkins, Wendy J. McCammack 7K. Fire Review, Discuss, and Provide Direction on the Fire Department s Alternative Restructuring Proposal and the Pre-Pendency Plan Chief Drasil summarized the Fire Department s proposal. Public Comments: Mike Potter, San Bernardino, CA Stephen N. Johns, City employee, San Bernardino, CA Charles Greenwood, City employee, San Bernardino, CA Barbara Babcock, San Bernardino, CA Approve the Fire Department's Pre-Pendency Plan related to the City's proposed FY 2012/2013 Budget. RESULT: ADOPTED [4 TO 1] (02:32:55) SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins ABSENT: John Valdivia, Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 10 Printed 10/9/2012

11 7L. Human Resources Personnel Actions Unclassified Council Member Shorett stated that he could not support the hiring of anybody new at this time. Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures, as revised, with the addition of the Administrative Analyst I position in the City Attorney s Office. RESULT: ADOPTED [5 TO 1] (01:02:46) MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson NAYS: Fred Shorett 7M. Police RES Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the United States Department of Justice, Drug Enforcement Administration, and the San Bernardino Police Department to Participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] (03:08:40) SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSENT: John Valdivia, Wendy J. McCammack 7N. Public Works RES Resolution of the Mayor and Common Council of the City of San Bernardino Repealing Resolution No Relative to the Temporary Closure of Central Avenue, Now Known as Palm Meadows Drive, East of Tippecanoe Avenue. Adopt the Resolution; and authorize the Director of Public Works to initiate proceedings to rename Palm Meadows Drive, east of Tippecanoe Avenue, to Central Avenue and set a public hearing for November 19, 2012, at the hour of 4:00 p.m. to consider said renaming of Palm Meadows Drive. Mayor and Common Council of the City of San Bernardino Page 11 Printed 10/9/2012

12 RESULT: ADOPTED [UNANIMOUS] (03:09:35) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSENT: John Valdivia, Wendy J. McCammack 8. Continued Items 8A. City Clerk Council Minutes of March 5, 2012 and March 19, 2012 (Continued from August 6, 2012.) Approve the minutes of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency meetings of March 5, 2012, and March 19, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] (03:10:42) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSENT: John Valdivia, Wendy J. McCammack 8B. City Clerk Council Minutes of May 7, 2012; May 21, 2012; and May 31, 2012 (Continued from August 6, 2012.) Approve the minutes of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency meetings of May 7, 2012, May 21, 2012, and May 31, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] (03:10:42) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSENT: John Valdivia, Wendy J. McCammack 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, spoke against the Mayor and Council's behavior during the meeting and announced that she would be running for mayor. Ron Coats, San Bernardino, CA, stated that each decision the Council makes must be dictated by changing the City's demographics for the betterment of the City; suggested that the Council meet weekly; asked the Council to stop dragging their feet on decisions Mayor and Common Council of the City of San Bernardino Page 12 Printed 10/9/2012

13 such as the partnering of the Refuse Department; and presented an anti-panhandling flier that could be used by every business in the City. (A copy of the flier and the comments made by Mr. Coats were submitted into the record.) Mike Potter, San Bernardino, CA, stated that the City needs to know how things happen to avoid the same thing happening in the future. Barbara Babcock, San Bernardino, CA, urged people to get out and vote and spoke about GOTV efforts in the City of San Bernardino. Roger Henderson, San Bernardino, CA, spoke about lack of leadership and urged the Mayor and Council to stop talking and find some solutions. Jim Smith, San Bernardino, CA, thanked the Council for approving the Fire Department s Pre-Pendency Plan; spoke in favor of keeping the refuse workers and seeking other sources to bring fiscal responsibility to the City; recommended looking into a relationship with CAL FIRE; and suggested that the City look into becoming a General Law City. Tim Prince, San Bernardino, CA, stated that financial decisions are not made by the Mayor they are made by the City Council; spoke against the Council members who were absent from the dais; and commented on the City Attorney s and the Fire Department s budgets. Charles Greenwood, San Bernardino, CA, urged the residents of the City of San Bernardino to take an interest and get involved in the business of the City; and spoke about the Council s behavior. 10. Adjournment At 7:44 p.m., the meeting adjourned to October 15, 2012, at noon, in the Management Information Conference Room (MIC), for a closed session budget workshop. 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, October 15, GEORGEANN GIGI HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 13 Printed 10/9/2012