CITY OF SAN BERNARDINO 300 N. D Street San Bernardino, CA Website:

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1 CITY OF SAN BERNARDINO 300 N. D Street San Bernardino, CA Website: Mayor Patrick J. Morris Council Members: Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 3, 2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, October 3, 2011, in the Council Chambers of City Hall, 300 North D Street, San Bernardino, California. Roll Call Present: Absent: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Council Member/Commissioner Kelley. Council Member/Commissioner Kelley arrived at 1:55 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel existing litigation pursuant to Government Code Section (a): James J. Brown v. City of San Bernardino; San Bernardino Police Department; Officer Campbell, in his individual capacity; Officer Castro, in his individual capacity; Officer Cardillo, in his individual capacity and DOES 1-50, Inclusive San Bernardino Superior Court, Case No. CIVDS ; 1

2 Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and through their guardian ad litem Sasha Braves; Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bernardino; Officer Joseph Aguilar; Officer Jose Vasquez; Officer Bryon Clark; Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach and Does 1-10, Inclusive United States District Court, Case No. ED CV VAP (DTBx); Maria D. Mejia; Salvador Melgoza; Ma. Guadalupe Melgoza v. City of San Bernardino; Does 1-10, Inclusive United States District Court, ED CV VAP (DTBx); Estate of Terry Nash, et al. v. City of San Bernardino, et al. United States District Court, Case No. CA RGK; Christina Renteria v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS ; Zimmon, Garrett v. City of San Bernardino, et al. San Bernardino Superior Court, Case No. CIDS906555; Court of Appeal, Fourth Appellate District, Case No. E B. Conference with legal counsel anticipated litigation significant exposure to litigation pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section : Kendall Plaza LLC v. City of San Bernardino C. Conference with legal counsel anticipated litigation initiation of litigation pursuant to subdivision (c) of Government Code Section D. Closed Session personnel pursuant to Government Code Section 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 F. Conference with labor negotiator pursuant to Government Code Section : Fire Safety Chief of Police G. Conference with real property negotiator pursuant to Government Code Section

3 City Attorney Penman announced that the following additional case would be discussed in closed session: Under Agenda Item No. 1B, significant exposure to litigation: Randy Kuettle v. City of San Bernardino. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Private First Class Carlos A. Aparicio. Invocation/Pledge of Allegiance The invocation was given by Reverend Dr. Lewis S. Leon of the Highland Congregational Church. The pledge of allegiance was led by Faith Theisen, a sixth grade student at Thompson Elementary School. 2. Appointment Kathy Mallon Senior Affairs Commission Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the appointment of Kathy Mallon to the Senior Affairs Commission, as requested by Council Member Kelley, be approved. The motion carried unanimously. 3. Presentations and Proclamations A proclamation designating the month of October 2011 as National Planning Month was presented to George Rawls, member of the Planning Commission. A proclamation designating October 9-15, 2011, as Fire Prevention Week was presented to Fire Chief Michael Conrad and Public Education Officer Manny Sedano. Fire Prevention Officer Judy Croteau announced that the Fire Department s Annual Open House would be held on Saturday, October 8, 2011, between the hours of 10 a.m. and 2 p.m., Central Fire Station, 200 E. Third Street. Emil Marzullo, Interim Executive Director, Economic Development Agency, provided an update on the Regal Theater Project. Lori Panzino-Tillery, Economic Development Manager, gave a PowerPoint presentation regarding the activities of the Office of Business Development. Chamber of Commerce announcements were presented by Jasmine Avakian. 3

4 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Waive Full Reading of Resolutions and Ordinances Member/Commissioner Kelley, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated October 3, 2011, be waived. The motion carried unanimously. 6. Claims and Payroll Member/Commissioner Kelley, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 29, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the personnel actions, including the employment agreement between the City and Robert Handy, newly appointed Chief of Police effective October 17, 2011, as submitted by the Chief Examiner, dated October 3, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried with Kelley voting no. Council Member/Commissioner Kelley explained that the reason for his no vote had to do with Line No. 22 of the employment agreement with Robert Handy. 8. RES Resolution of the Mayor and Common Council of the City of San Bernardino designating Hinderliter, De Llamas (HDL) as the authorized City representative to examine Transactions (sales) and Use Tax records, and designating the City Manager, Assistant City Manager, the Director of Finance and the Deputy Director of Finance as the City officers authorized to receive information contained in, or derived from, the Transactions (sales) and Use Tax records, and rescinding Resolution Member/Commissioner Johnson, that said resolution be adopted. Resolution No was adopted unanimously. 4

5 9. An urgency ordinance and non-urgency ordinance authorizing an amendment to the contract between the California Public Employees' Retirement System and the City of San Bernardino establishing a two-tier retirement benefit formula from 55 to 55 for new miscellaneous employees ORD. MC-1365 An Urgency Ordinance of the City of San Bernardino authorizing an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System; declaring the urgency thereof and taking effect immediately. URGENCY (9A) An Ordinance of the City of San Bernardino authorizing an amendment to the contract between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. FIRST READING (9B) Member/Commissioner Kelley, that said Urgency Ordinance A, be adopted; and that said Ordinance B, be laid over for final adoption. The motion carried and Ordinance No. MC-1365 was adopted unanimously. 10. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of Arts and Culture. Council Member/Commissioner Johnson requested information as to what groups are being funded and how the money is being used. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No was adopted unanimously. 11. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute the First Amendment to the FAS Standard Contract with the County of San Bernardino for the lease of a portion of the Delmann Heights Community Center to be used for the Head Start Program. Member/Commissioner Kelley, that said resolution be adopted. Resolution No was adopted unanimously. 5

6 12. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the California Highway Patrol to use the City of San Bernardino Police Department's firing range. Member/Commissioner Kelley, that said resolution be adopted. Resolution No was adopted unanimously. 13. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for the City of Redlands Police Department to use the City of San Bernardino Police Department's firing range. Member/Commissioner Kelley, that said resolution be adopted. Resolution No was adopted unanimously. 14. RES Resolution ratifying the submittal of Transportation Development Act (TDA) Article 3 Application to San Bernardino Associated Governments (SANBAG). Member/Commissioner Kelley, that said resolution be adopted. Resolution No was adopted unanimously. 15. Public Hearing - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section "Prohibited Uses" of the Municipal Code (Development Code) to permit single-price overstock/ discount stores, self-service laundry facilities and party supply stores meeting minimum floor area standards in commercial land use districts subject to a conditional use permit. FIRST READING Council Member/Commissioner McCammack stated that language changes needed to be made in order to reduce the possibility of misinterpretation of the retail outlets. She requested a two-week continuance. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of October 17, The motion carried unanimously. 6

7 16. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department (SBCFD) to enter into a Cooperative Agreement with the United States Department of Agriculture (USDA), San Bernardino National Forest, relating to fire protection and rescue services within the mutual threat zone. (Continued from September 19, 2011) Member/Commissioner Marquez, that said resolution be adopted. Resolution No was adopted unanimously. 17. Public briefing and discussion to inform the Council as a whole and the residents of San Bernardino regarding recent federal enforcement actions at the San Bernardino International Airport and the Inland Valley Development Agency relative to the City s budgetary obligations between the City, the San Bernardino International Airport, and the Inland Valley Development Agency City Manager McNeely pointed out that there are only three areas that the City is financially impacted directly by this the Police Department, the Fire Department, and Community Development, and most of those are service agreements and reimbursement agreements. For example, in the Police Department, a sergeant is assigned to oversee the security at the airport and that amount is built into the budget on an annual basis. If something should happen and that service was no longer being provided, the sergeant would be reassigned. He stated that if we don t render the service, we won t get billed. He stated that he has not read the documents that set up IVDA and he is not aware of the liability that would be incurred by the City based upon the decisions of the representatives from here or any other agencies. He stated that he would be happy to meet with Tim Sabo or with special counsel to talk about this and report back to the Council. Public Comments: Paul Sanborn, San Bernardino, CA; Roger Henderson, San Bernardino, CA; Ron Coats, San Bernardino, CA; James Tate, San Bernardino, CA; Barbara Babcock, San Bernardino, CA; Laurie Stalnaker, Executive Officer for the AFLCIO for San Bernardino and Riverside Counties; Mike Hartley, San Bernardino, CA; Jim Smith, San Bernardino, CA; Joe Arnett, San Bernardino, CA, prepared a written statement dated October 3, 2011, which was read into the record by Council Member McCammack. 7

8 Discussion ensued regarding potential lawsuits, transparency, and the mismanagement of tax dollars. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Council direct the City Manager to be prepared with alternative budget options if, and or when, current contractual obligations and corresponding revenues between the City, the San Bernardino International Airport, and the Inland Valley Development Agency suffer due to the pending Federal Bureau of Investigation s findings. The motion carried with Marquez, Shorett and Johnson voting no. 18. San Bernardino County Office of Homeless Services Report on the City of San Bernardino indicators of potential homelessness Tom Hernandez, Manager of the San Bernardino County Office of Homeless Services, gave a PowerPoint presentation entitled, Getting Involved Solving Homelessness Together. Mr. Hernandez stated that the Interagency Council on Homelessness (ICH) meets every two months and he requested that the agenda and minutes be included as part of the City s consent calendar. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the report from the San Bernardino County Office of Homeless Services be received and filed. The motion carried unanimously League of California Cities Annual Conference and Expo Council Member/Commissioner Kelley provided a brief report to the Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the report be received and filed. The motion carried unanimously. 20. Create four new payroll line items to City Employees Voluntary Charitable Contribution Choices Council Member/Commissioner Shorett stated that he supported this item; however, he wanted to move it from the Legislative Review Committee (LRC) to the Ways and Means Committee. Council Member/Commissioner McCammack stated that her concern was that the recommended motion was to rescind the prior action taken by the Council and that the matter then be referred to Ways and Means. 8

9 She advised that Ways and Means is the way and the means, aka, the money needed to do something. She stated that this action was not to spend money on something, it was to receive money, and once the four line items were established, then the policy would be created through the City Manager s office and would come back as a resolution. She added that resolutions regarding policies go to LRC, but it could go to both. It was referred to LRC first in terms of the criteria, through the City Manager s office for the policy regarding said criteria, then it was supposed to come back to the Council, and then they could refer it to Ways and Means. Public Comments: Paul Sanborn, San Bernardino, CA; Doug Rowand, San Bernardino, CA, President of Arrowhead United Way; Mike Hartley, San Bernardino, CA; Sharon Blechinger, San Bernardino, CA; Tammy Collins, Yucaipa, CA; Carol Bradshaw, San Bernardino, CA; Christina Milian, Highland, CA; Jayne Zyllman, San Bernardino, CA; Dr. Pamela Miller, Highland, CA; Michelle Guthmiller, Highland, CA; Diane Holmes, West Cajon Valley, CA Lori Stalnaker, Executive Officer for the AFLCIO for San Bernardino and Riverside Counties; Ron Coats, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried unanimously. 21. RES Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a purchase order in the amount of $2,000 to IQM2, Inc. for additional software configuration and support assistance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No was adopted unanimously. COMMUNITY DEVELOPMENT COMMISSION No Community Development Commission items were submitted for consideration. 9

10 22. Public Comments Betty Jean Long, San Bernardino, CA, spoke about the Council s conduct; stated that the City is spending more money than it has; stated that the Police and Fire Departments should be left alone to do their jobs; and announced that she intends to run for Mayor in Paul Sanborn, San Bernardino, CA, submitted an article into the record entitled California s Enterprise Zone Program, and suggested the City look at the sbx Project as a possible enterprise zone. Barbara Babcock, spoke about the debate that was held in the Council Chambers on September 27, David McKenna, San Bernardino, CA, stated that he wanted to be a City Attorney for the City of San Bernardino and its citizens 110 percent; and he pledged, and he asked Mr. Penman to pledge, that he would not run for any other office, including the Mayor s office in Jim Smith, San Bernardino, CA, spoke regarding the upcoming election and the need for change. 23. Adjournment The meeting adjourned at 7:08 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 17, RACHEL G. CLARK, CMC City Clerk By Linda Sutherland Deputy City Clerk 10