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Home My WebLink About05-06-2013 Jt. Reg Mtg Minutes City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members '0 San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia " Fred Shorett 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, MAY 6, 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 1:07 p.m., Monday, May 6, 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 1:00 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 p.m. Chas A. Kelley Council Member, Ward 5 Absent -- 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. __.. _.�r _ Penman y.. ey.. "Present,"-,, 1:00 p.m. -Georgeann Gig Hanna City Clerk resent 1:00 P.M. Allen J. Parker City Manager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Page] Printed 611212013 Joint Regular Meeting Minutes May 6, 2013 1. Closed Session — Pursuant to Government Code Sections(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; People (Department of Transportation) v. Redevelopment Agency of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVDS 1301186; People (Department of Transportation) v. Citi Mortgage, et al. - San Bernardino Superior Court Case No. 1211129. 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: City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino v. Department of Finance/State of California. 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 cases would be discussed in closed session: Justin Ryan Golding, Plaintiff, v. City of San Bernardino, City of Riverside and Does 1 to 30, inclusive, Defendants - San Bernardino County Superior Court, Case No. CIVSS700791; Landmark American Insurance Company, Plaintiff, v. City of San Bernardino, Defendant- San Bernardino County Superior Court, Case No. CIVDS 1015159; Hiring the law firm of Stradling Yocca Carlson & Rauth to provide legal services to Qthe City Clerk on Recall Election Issues; Agenda Item No. IOB - The potential transfer of properties from the SBEDC to the City as the Successor Agency. Mayor and Common Council of the City of San Bernardino Page 2 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 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 Fire Chief Raymond Wilbur Shaw. Invocation/Pledge of Allegiance The invocation was given by Pastor Rob Zinn from Immanuel Baptist Church. The Pledge of Allegiance was led by Jennifer Tejeda from Bradley Elementary School. 2. Appointments 2A. Mayor's Office Appointment of George Gastel to the Senior Affairs Commission - Council Member Robert D. Jenkins Motion: Approve the appointment of George Gastel to the Senior Affairs Commission as requested by Council Member Robert D. Jenkins. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 '►+ SECONDER: Wendy J. McCammack, Council Member, Ward 7 %ap) AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSENT: John Valdivia, Chas A. Kelley ........ 3. Presentations 3A. Certificates of Recognition -- David Skidmore, Mr. Cardinal 2013-2014; Richard Escalera, First Runner Up; and Gregory John Noble, Second Runner Up -- Council Member Jenkins 3B. Certificates of Recognition -- Technical Employment Training, Inc. (TET) Students Jonathan Wiesseman, Marcos Martinez, Rico Miranda and Jose Becerra (Not Present) -- Council Member Valdivia 3C. Certificate of Recognition -- Amanda Jacobs -- Mormon Helping Hands -- Council Member Kelley 3D. Proclamation Designating May 6, 2013 as "Bill Bird Day" -- Council Member McCammack 4. Announcements -- Elected Officials and Chamber of Commerce V Mayor and Common Council of the City of San Bernardino Page 3 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 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 May 6, 2013. ........ _..... RESULT: ADOPTED [UNANIMOUS] 02:04:50 t MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack l ABSENT John Valdivia, Chas A. Kelley 6. Committee Consent 6A. Human Resources Job Description Revision: Construction Manager Motion: Approve job description as proposed. RESULT: ADOPTED [UNANIMOUS] '� 02:07:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley ......... ........ Council Member Jenkins subsequently changed his vote to a "no," due to the fact that this item was not heard by the Personnel Committee. 6B. Human Resources Job Description Revision: Fire Chief(U) Motion: Approve job description as proposed. RESULT: ADOPTED [UNANIMOUS] 02:07:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley Council Member Jenkins subsequently changed his vote to a "no," due to the fact 0 that this item was not heard by the Personnel Committee. Indicates timestamp of motion/second as indicated on the meeting video posted on City Website Mayor and Common Council of the City of San Bernardino Page 4 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 6C. Human Resources New Job Description/New Position: Crime Data Technician(Part-Time) Motion: Approve the job description as proposed; establish the position of Crime Data Technician (Part-time), at a flat hourly rate of $15.42/hour - $18.75/hour; authorize the Director of Finance to incorporate the changes into the FY 2012-13 and FY 2013-14 budgets; and authorize the Human Resources Division Manager to update Resolution Nos. 97-244 and 2008- 20 to reflect these actions. RESULT: ADOPTED [UNANIMOUS] * 02:07:14 MOVER: Fred Shorett, Council Member, Ward 4 t SECONDER: Robert D. Jenkins, Council Member, Ward 2 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley Council Member Jenkins subsequently changed his vote to a "no," due to the fact that this item was not heard by the Personnel Committee. 6D. Human Resources New Job Description/New Position: SBETA Business Services Representative Council Member McCammack advised that the City Council does not have the authority to vote on SBETA positions. Motion: To table. RESULT: TABLED [UNANIMOUS] 02:09:42 MOVER: John Valdivia, Council Member, Ward 3 I SECONDER: Fred Shorett, Council Member, Ward 4 I AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 6E. Police RES. 2013-77 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of a Grant Application to the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention, (OJJDP), for a Community-Based Violence Prevention Demonstration Program and Authorizing the San Bernardino Police Department to Accept and Administer the Grant Upon Award by OJJDP. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 10 RESULT: ADOPTED [UNANIMOUS] 02:12:12 MOVER: John Valdivia, Council Member, Ward 3 s SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 7. Public Hearings 7A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the 2013-2014 Funding Application for Community Development Block Grant (CDBG), Emergency Shelter Grant, and HOME Partnership Act (HOME) Funds to the Department of Housing and Urban Development and Reallocation of Prior Years' Community Development Block Grant (CDBG) Funds. Council Member McCammack indicated that she would abstain on the item because she is the president of one of the organizations listed in the staff report. She left the Council Chamber and returned after the vote was taken. Mayor Morris opened the hearing. No resolution was included in the backup materials. Brandon Mims, City Manager's Office, made a PowerPoint presentation titled, "2013- 2014 Action Plan, City of San Bernardino," dated 5/6/13, copies of which were distributed to the Mayor and Council and submitted into the record. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments: Lorine Hargrave, Lorine's Learning Academy, dba Cornerstone Christian Academy, San Bernardino, requested reconsideration of their proposal so they could continue their program. Joseph Williams, Youth Action Project, San Bernardino, requested that the CDBG process be revised. John Kunkel, Time for Change Foundation, San Bernardino, requested reconsideration of their proposal and stated that scores should be based on merit and not on a three- minute presentation. Israel Riley, Program Coordinator and Youth Counselor, Gang Reduction Intervention Team, requested reconsideration of their proposal so they could continue to provide their services. Mayor and Common Council of the City of San Bernardino Page 6 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 Erin Philips, President/CEO of Children's Fund, stated that she appreciated the comments that were made about coordinating efforts between all CDBG Fund grantees and finding where the gaps are so they can leverage their work with each other. Eula Charles, Time for Change Foundation, spoke in support of the program. Council Member Johnson stated that he did not understand the methodology as to how the Community Development Block Grant Ad Hoc Committee arrived at the revised grant amounts and felt that that information should be included in the staff report. Motion: Send the item back to the committee for further discussion. RESULT: ADOPTED 14 TO 11 MOVER: Rikke Van Johnson, Council Member, Ward 6 01:50:09 SECONDER: Virginia Marquez, Council Member, Ward 1 01:51:07 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Rikke Van Johnson I NAYS: John Valdivia i ABSTAIN: Wendy J. McCammack i ABSENT: Chas A. Kelley AWN Motion: Continue the matter to the Council meeting of May 20, 2013. RESULT: CONTINUED [5 TO 01 00:51:21 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 i AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson 1 ABSTAIN: Wendy J. McCammack 1 ABSENT: Chas A. Kelley 8. Continued Items 8A. Civil Service Personnel Actions - Classified (Continued from April 22, 2013) 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. 0 Mayor and Common Council of the City of San Bernardino Page 7 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 RESULT: ADOPTED [4 TO 11 04:10:52 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Johnson, McCammack NAYS: Fred Shorett ABSENT: John Valdivia, Chas A. Kelley 9. Staff Reports 9A. City Attorney RES. 2013-78 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services Relating to Reorganization and Financial Restructuring. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:12:13 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 9B. City Attorney RES. 2013-79 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Execution of Amendment No. 1 to the Vendor Service Agreement with Applied LNG Technologies, Inc. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:14:25 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 9C. Civil Service Personnel Actions - Classified ® Motion: Approve items 1-3 with the removal of item #4 - Alfred Perez, Public Works. Mayor and Common Council of the City of San Bernardino Page 8 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 RESULT: ADOPTED [UNANIMOUS 04:16:32 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley .... 9D. Council Office Discuss and Take Possible Action to Change the Mayor and Common Council Meeting Open Session Start Time to 5:00 p.m. Motion: Direct the City Attorney to draft an Ordinance amendment setting the Mayor and Common Council Meeting Open Session start time at 4:00 p.m. with Closed Session starting at 2:00 p.m., Consent Calendar items at 5:00 p.m., Public Hearings at 5:30 p.m., and Public Comments at 6:30 p.m., commencing at the meeting of June 17, 2013. RESULT: ADOPTED [4 TO 21 04:32:20 j MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Johnson, McCammack 1 NAYS: John Valdivia, Fred Shorett QABSENT: Chas A. Kelley 9E. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [5 TO 11 04:37:24 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia ABSENT: Chas A. Kelley 9F. Public Works Reject All Proposals for a Design and Build Project to Remove Existing Shoring and Install Replacement Temporary Shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards, Bridge No. 54C-0066. JON Motion: Reject all Proposals for a Design and Build Project to remove existing shoring and install replacement temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards, Bridge No. 54C-0066. Mayor and Common Council of the City of San Bernardino Page 9 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 RESULT: ADOPTED [UNANIMOUS] 04:41:28 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley ..............._ ......... ......................................................... 9G. Public Works RES. 2013-80 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution...prohibiting Parking Upon Certain Designated Streets, Alleys, or Portions Thereof..." to Establish a No Parking Except by Permit at Any Time Zone on "K" Street Between Hillcrest Avenue and Mill Street, Esperanza Street Between Eureka Avenue and "J" Street, Hazel Avenue Between "K" Street and "J" Street, Mission Drive Between Grant Avenue and the End of Mission Drive Approximately Eight-Hundred Feet South of Grant Avenue, and Eureka Avenue Between Esperanza Street and Mill Street. Council Member Valdivia stated that he would abstain because he owns property in the subject area. He left the Council Chamber and returned after the vote was taken. Public Comments: Tiffany Guzman, student at Valley College Brandon Brown, member of the student government at Valley College Timothy Forrest, Riverside Shannen Crosson, San Bernardino Jim Eble, San Bernardino Christopher Crosson, San Bernardino Draymond Crawford, San Bernardino John Valdivia, San Bernardino resident and homeowner Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 0] MOVER: Robert D. Jenkins, Council Member, Ward 2 03:38:14 SECONDER: Wendy J. McCammack, Council Member, Ward 7 03:58:07 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSTAIN: John Valdivia ABSENT: Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 10 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 9H. Public Works RES. 2013-81 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No 54C- 0066, CIP Project No. SSO4-012 and Federal Aid Project No. BRLS-5033 (042). Council Member Valdivia stated that he would abstain on this item as AECOM was an attendee and contributor at a recent campaign fundraiser. He left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:42:28 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSTAIN: John Valdivia ABSENT: Chas A. Kelley 9I. Public Works RES. 2013-82 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2013-61 for a Total of$40,000 to Vulcan Materials Company for the Purchase of Asphalt Materials for Street Repairs. Motion: Adopt the Resolution. ........ ._.._..__ RESULT: ADOPTED [UNANIMOUS] 04:43:20 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 j AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley . 9J. Public Works RES. 2013-83 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Process a Budget Amendment in the Amount of $27,000.00 from Account No. 635-400-0100-5113, Motor Fuel and Lubricants, and Transferring Said Amount to Account No. 635-400-0100-5172, Equipment Maintenance. Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page I 1 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 RESULT: ADOPTED [UNANIMOUS] 04:15:19 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 9K. Public Works RES. 2013-84 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Y Tire Sales Inc. for the Purchase of Tires in FY 12/13 and 13/14 and an Increase to Purchase Order No. 2013- 00000119 in the Amount of$150,000, Pursuant to Section 3.04.010 B-3 of the Municipal Code. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04.44:25 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley - _ ............................................................ ...... ........ 9L. Public Works RES. 2013-85 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fair Market Value and Sales Price and Declaring the Intention to Sell Real Property Owned by the City of San Bernardino and Designated for Water Department Use and Granting a Temporary Construction Easement Generally Located Southwesterly of Cajon Boulevard and Devore Road, to the State of California Department of Transportation Relative to the I-15/1-215 Devore Interchange Project and Setting a Public Hearing to Consider Said Sale. Motion: Authorize the Director of Public Works, or his designee, to proceed with the sale of City owned real property to the State of California Department of Transportation, generally located southwest of Cajon Boulevard and Devore Road (APN 0349-174-10); and adopt the Resolution. _......_ .......... _ .. _ __ .. __ RESULT: ADOPTED [UNANIMOUS] 04:45:09 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack I 0 ABSENT: Chas A. Kelley r - - . _ Mayor and Common Council of the City of San Bernardino Page 12 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. City Manager RES. 2013-86 — 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 Authorizing a $150,000 Supplemental Purchase Order for Consulting Services from Urban Futures, Inc. with Respect to Winding-Down the Former Redevelopment Agency During Fiscal Year 2012-13. (Continued from April 15, 2013) Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:03 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 10B. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic IL Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013. (Continued from April 1, 2013) City Attorney Penman advised that the Mayor and Council Members Shorett and Johnson would abstain on this item because they are currently a member or have been a member of the SBEDC Board. They left the Council Chamber. Motion: Continue to July 1, 2013. _ ................ RESULT: CONTINUED [4 TO 0] Next: 7/1/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 04:48:00 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Virginia Marquez, Robert D. Jenkins,John Valdivia, Wendy J. McCammack ABSTAIN: Fred Shorett, Rikke Van Johnson ABSENT: Chas A. Kelley i .... Mayor and Common Council of the City of San Bernardino Page 13 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 It. New Business I IA. RES. 2013-86A — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for legal services relating to Recall Election Issues. A resolution and agreement were distributed to the Council and submitted into the record. City Attorney Penman stated that he would abstain due to a conflict and advised that Tom Clark was available to answer any questions. Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action. RESULT: ADOPTED [UNANIMOUS] 00:47:47 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSENT: John Valdivia, Chas A. Kelley Motion: Authorize the Mayor to execute on behalf of the City a Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for or I Legal Services Related to Recall Election Issues RESULT: ADOPTED [UNANIMOUS] 00:50:35 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack ABSENT: John Valdivia, Chas A. Kelley 12. Public Comments on Items Not on the Agenda Rudi Flores, San Bernardino, spoke about the bankruptcy and said it has been years in the making; stated that the recall is disruptive and is not the answer; and told the Council to keep doing what they need to do to keep the ship afloat. Paul Sanborn, San Bernardino, said the recall goes nowhere and costs the City a lot of money and called the proponents carpetbaggers; stated that the Council gets $50/month and makes less than $1/hour for the work they do; and stated that the present Council is one of the most honest Councils the City has ever had. Sandra Olivas, San Bernardino, spoke about the newspaper stories about the recall and said she wants to know why the proponents have not released the source of the funds for the recall and asked where the transparency is; talked about the issues that have forced the City to file for bankruptcy; and revealed an alternate to the billboard at Highland and "B" Street. Mayor and Common Council of the City of San Bernardino Page 14 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 Judy Castorena, San Bernardino, stated that she thinks we need to recall the Police Department rather than the Council. She explained how the police responded to a crime her granddaughter was a party to wherein she felt the police officer was rude and disrespectable. She said she was going to file a civil suit against the officer. Betty Jean Long, San Bernardino, stated that she was going to run for Mayor and had picked up papers this afternoon. She stated that she has run for Mayor before, but is serious now because the City is in terrible trouble. Lynne Wear, President of the Muscupiabe Neighborhood Association, stated that she wanted to clarify a false statement that was made during public comments on April 15 by a woman who identified herself as Lauren Paine and claimed to be the legal and policy analyst for Grow San Bernardino. She characterized Grow San Bernardino as a community service organization and stated that they worked with the Muscupiabe Neighborhood Association to plan the Blair Park clean up held on December 9, 2012. The Muscupiabe Neighborhood Board wanted to state publicly that they have never had, nor do they intend to have, any kind of association or community service relationship with Grow San Bernardino or any medical marijuana dispensary group. Ashley Jones, Communications Director, Assembly Member Cheryl Brown's office, invited the Council to attend a Small Business Summit which will be held on Friday, May 17, 2013, at the Inland Regional Center, from 8 a.m. to 1 p.m. Shirley Harlan, San Bernardino, announced that an inspiring documentary called "Girls Rising"will be held on May 13, 2013, at the Regal Theater, at 7:30 p.m. James Penman, San Bernardino, spoke about the recall and the City's bankruptcy and stated that the people who are pushing the recall make money off other people and their agenda is not good for the citizens or the employees of San Bernardino. He stated that the City needs the support and assistance of the Police Officers' Association, firefighters, and managers and that all City employees need to step forward and contribute financially to fight the recall. Deanna Adams, Ph.D., San Bernardino, stated that she does not support the recall because she supports the natural process. She stated that the billboard was a way to overcome lethargy and sluggishness. Government bankruptcy is from inept leadership past and present. The leaders failed to provide a safety net like savings and the Government failed to deliver the money from property and sales taxes to police and fire. Rocio and Alicia Aguayo, San Bernardino, stated that we have failed as a community because we have allowed special interests to run the City and, even after our City has fallen apart, we continue to point fingers instead of doing something about it. We have let our personal differences get in the way of what really matters the most, which is being a family based community. She challenged everyone to make an effort to have a conversation with someone about what you are going to contribute to help the City. Mayor and Common Council of the City of San Bernardino Page 15 Printed 611312013 Joint Regular Meeting Minutes May 6, 2013 Ralph Flower, San Bernardino, stated that he would like the meeting start time to be changed to 5 p.m. and public speaking time increased from 3 to 5 minutes. He stated that the recall is a waste of our time—we need leadership. Scott Olson, San Bernardino, spoke in support of Mayor Paul Leon for State Senate; and stated that Leon provides the kind of leadership the State needs. Ron Coats, San Bernardino, gave kudos to Chief Handy and officer Dye of the San Bernardino Police Department. He stated that San Bernardino's demographics are the major reason for the City's downfall. He asked that the council do whatever it needs to do to put the kybosh on the rebuilding of Waterman Gardens. We don't need any more low income housing or apartments. Joe Arnett, San Bernardino, announced his intent to run for City Council in the Fourth Ward in November and directed people to his web site; announced that the Child Help Inland Empire Auxiliary is going to be holding their annual fundraiser to raise money for abused children on June 8-9, at the Historic Fox Theater in Redlands. Margaret Hill, Highland, cautioned the Mayor and Council to slow down or they were going to have heart attacks before the election; stated that they need to pray for themselves and the way they think; and that it's not about me or you—it's about San Bernardino and our young people. 13. Adjournment The meeting adjourned at 8:33 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, May 20, 2013. GEORGEANN "GIGI"HANNA City Clerk Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 16 Printed 611312013