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Home My WebLink About04-15-2013 Jt. Reg Mtg Minutes City of Sari Bernardino Mayor Patrick J. Morris ? 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins s http://www.sbcity.org John Valdivia Fred Shorett ' n t� � � 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, APRIL 15, 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, April 15, 2013, in the MIC Room, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 12:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 12:00 P.M. John Valdivia Council Member, Ward 3 Present 1:09 p.m. Fred Shorett Council Member, Ward 4 Present 12:00 pm. Chas A. Kelley Council Member, Ward 5 Present 4:20 p.m. Rikke Van Johnson Council Member,_Ward 6 Present 12:32 p.m. Wendy J. McCammack Council Member Ward 7 Present 1:07 p.m. Patrick J. Morris Mayor Present 12:00 p.m. Jolena Grider Sr. Assistant City Attorney Present 12:00 Vim. L Georgeann "Gigi" Hanna City Clerk Present 12:00 p.m. Allen J. Parker 1 City Manager Present 12:00 .m. Mayor and Common Council of the City of San Bernardino Pagel Printed 411612013 Joint Regular Meeting Minutes April 15, 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. 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. Public Employee Appointment: Fire Chief 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. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Invocation and Pledge of Allegiance The invocation was given by Reverend David Nagler from Central City Lutheran Mission. The Pledge of Allegiance was led by Athena Vo, a 6th grade student and student body president at Belvedere Elementary School. 2. Appointments 2A. Mayor's Office Appointment of Shawna Hoover to the Board of Police Commissioners - Mayor Patrick Morris 0 Motion: Approve the appointment of Shawna Hoover to the Board of Police Commissioners as requested by Mayor Patrick Morris. Mayor and Common Council of the City of San Bernardino Page 2 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 RESULT: ADOPTED [UNANIMOUS] 00:16:23 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 2B. Mayor's Office Appointment of Humberto Reynoso to the Fine Arts Commission - Council Member Robert D. Jenkins Motion: Approve the appointment of Humberto Reynoso to the Fine Arts Commission as requested by Council Member Robert D. Jenkins. RESULT: ADOPTED [UNANIMOUS] 00:16:23 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 3. Presentations 3A. Certificate of Commendation -- Oletta Threats — 20-Year Member of Bethel Assembly of God-- Council Member Valdivia 3B. Student of the Month -- Steven Du -- San Gorgonio High School -- Council Member McCammack 4. Announcements -- Elected Officials and Chamber of Commerce 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 April 15, 2013. Time that the motion/second was made,according to meeting video posted on City Web site Mayor and Common Council of the City of San Bernardino Page 3 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 RESULT: ADOPTED [6 TO 01 01:02:13 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack AWAY: Chas A. Kelley 5B. City Clerk Council Minutes --March 4, 2013; March 14, 2013; and March 18, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of March 4, 2013, March 14, 2013, and March 18, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:02:13 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 5C. City Clerk RES. 2013-67 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Clerk to Cast the City's Vote Approving Two Amendments to the League of California Cities'Bylaws. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:02:13 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley 6. Committee Consent 6A. Human Resources Job Description Revision: Director of Public Works (U) Motion: Approve job description as proposed. RESULT: ADOPTED [UNANIMOUS] 01:25:02 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 4 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 6B. Police RES. 2013-68 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for the HOOFS Grant from the HOOFS Fund in the Amount of$3,000 and Authorizing the Police Department to Accept and Administer the Grant. Motion: Adopt the Resolution. .................... ........ RESULT: ADOPTED [UNANIMOUS] 01:26:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Staff Reports 7A. City Attorney RES. 2013-69 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with Manpower, Inc. to Provide Temporary Staffing Services for the City Attorney's Office. Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 31 01:29:05 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Wendy J. McCammack NAYS: Fred Shorett, Chas A. Kelley, Rikke Van Johnson j .................................. ............... ..................... . 7B. City Attorney RES. 2013-70 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute on Behalf of the City an Amended and Restated Joint Exercise of Powers Agreement Creating an Agency to be Known as the San Bernardino Regional Water Resources Authority. Public Comments: Pat Milligan, President of the Board, San Bernardino Valley Municipal Water District Deanna Adams, San Bernardino Sandra Olivas, San Bernardino Betty Jean Long, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 ....._....---- RESULT: ADOPTED [UNANIMOUS] 01:02:00 to 01:23:53 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack ABSENT: Chas A. Kelley ... . J 7C. City Attorney RES. 2013-71 - Resolution of the Mayor and Common Council of the City of San Bernardino Conferring the Powers of Director of Finance on David Cain, Managing Principal of Urban Futures, Inc. Motion: Adopt the Resolution. ......... ......... ...... .... .......................................... RESULT: ADOPTED [UNANIMOUS] 01:46:47 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack 7D. City Manager 10 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Transtech Engineers, Incorporated and the City of San Bernardino for the Interim Position of Community Development Director. City Manager Parker requested that the matter be tabled pursuant to Legal Memo No. 13- 078 from Henry Empeno Jr., Senior Deputy City Attorney, which was distributed to the Mayor and Common Council. Motion: To Table. RESULT TABLED [6 TO 11 01:50:34 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 7E. Civil Service Personnel Actions—Classified Council Member Shorett asked if the items could be considered individually because he did not want to support or deny all of them. Mayor and Common Council of the City of San Bernardino Page 6 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 Council Member Shorett made a motion, seconded by Council Member Marquez, to approve personnel action#s 1, 2 and 3. No vote was taken. Council Member McCammack made a motion, seconded by Council Member Kelley to continue all the classified personnel actions to the May 6 meeting so the City Manager and the Finance Director have the opportunity to thoroughly review each item, including whether they are adding people that they have previously cut. Public Speakers: Stephen Johns, City employee, San Bernardino Draymond Crawford, City employee, San Bernardino Council Member McCammack amended her motion to continue all the classified personnel actions except for #9 and #10. Subsequently, she withdrew her amended motion. Motion: Continue the classified personnel actions to May 6, 2013. RESULT: CONTINUED [7 TO 01 Next: 5/6/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 02:07:57 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack ............................................... ........._-_ _ .. I Ms. McCammack noted that there is going to be a budget meeting on April 22, and she asked if that would be enough time to make decisions regarding these items. Motion: To reconsider Agenda Item 7E. ____ .... ......______ ..... ___ _ __ - -_.......... RESULT: ADOPTED 16 TO 1] 02:10:48 I MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert Jenkins, Council Member, Ward 2 } AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett I ...................... ...... ......... ............. _. . . ............ .. ... ...................................._......................................_.__.......................... Motion: Continue the classified personnel action#s 1-10 to April 22, 2013. ........ ......... _ ....... ............................. RESULT: CONTINUED [6 TO 11 Next: 4/22/2013 5.00 PM { MOVER: Wendy J. McCammack, Council Member, Ward 7 02:11:11 j SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett ....... ................... . Mayor and Common Council of the City of San Bernardino Page 7 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 7F. Council Office Council Committee Assignments Council Member McCammack indicated that she would not be voting for approval because making these committee assignments is not a duty of the Mayor Pro Tem according to the City Charter. Motion: Approve the recommended Council Committee assignments. RESULT: ADOPTED [5 TO 1] 02:13:02 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson NAYS: Robert D. Jenkins ABSTAIN: Wendy J. McCammack L__ �__�________............................___.._______..__- .. 7G. Council Office RES. 2013-72 - Resolution of the Mayor and Common Council of the City of San Bernardino to Support Efforts to Provide Adequate, Equitable, and Ongoing San Bernardino County Superior Court Funding to Ensure that Residents of San Bernardino County Continue to Have Access to Justice through the San Bernardino Superior Court. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:27:26 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 711. Finance FY 2012/13 and FY 2013/14 Budget and Cash Flow Presentation Michael Busch of Urban Futures, Inc. made a comprehensive PowerPoint presentation regarding the City's budget and cash flow information titled, CITY OF SAN BERNARDINO 2012-13 & 2013-14 Cash Flow, Budget Plan and Mid-Year Review. Public Speakers: Stephen Johns, City employee, San Bernardino Tobin Brinker, former Councilman, San Bernardino Motion: Receive and file. 0 Mayor and Common Council of the City of San Bernardino Page 8 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 __ ...... RESULT: ADOPTED [UNANIMOUS] 04:44:42 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7I. 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 [UNANIMOUS] 04.54:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ........... _. 7J. Human Resources RES. 2013-73 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Agreement between Marsh Risk& Insurance Services and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:56:41 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack .. .--..... _._. . ... 7K. Human Resources RES. 2013-74 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Staffing Services between Insurance Overload Staffing Systems and the City of San Bernardino. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 ._..... ...._..._�... ___ . �__ _..___._____ RESULT. ADOPTED 6 TO 1 04.58:37 MOVER: Robert D. Jenkins, Fred Shorett SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 7L. Police RES. 2013-75 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Contract and Issuance of an Annual Purchase Order for Three Years, with Three One-Year Renewal Options, to Phoenix Group Information Systems for Parking Citation Processing in the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED 14 TO 21 05:05:00 to 05:11:40 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: John Valdivia, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Virginia Marquez, Robert D. Jenkins ABSTAIN: Wendy J. McCammack __..m...._. 8. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY 8A. City Manager 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 Second Amendment to Agreement for Consulting Services with Urban Futures, Inc. Motion: Continue to May 6, 2013. ....... RESULT: CONTINUED [UNANIMOUS] Next: 5/6/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 05:21:57 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, said she was representing the clients of senior centers and complained about the lack of security at her senior housing project and other problems. Mayor and Common Council of the City of San Bernardino Page 10 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 Claude Conkrite, introduced himself and his organization "Organizing for Action," stating that they would be happy to lend a hand to help the city, and that they would be taking a trip to Washington to lobby for what San Bernardino needs. Lauren Payne, Grow San Bernardino, spoke about medical cannabis issues and what grow groups have done to help city residents. She asked the City to consider lifting the ban on marijuana dispensaries. Sam Sabzehzar, San Bernardino, a medical cannabis patient, spoke against the City's policy against dispensaries and asked the Council to lift the ban. Ralph Flower, San Bernardino, spoke about break-ins in his neighborhood, stating that they are being inundated with high density apartments. He wants the city to levy fines against apartment owners who are not taking care of their properties; and asked that the Council consider having the meetings at 6 p.m. so people could attend the meetings after work. Shirley Harlan, San Bernardino, announced that on Monday, May 13, at 7:30 p.m., the Regal Theater will be showing the movie, Girl Rising. Nellie Frazier, San Bernardino, spoke about the availability of the 011ie McDonald Senior Showcase DVD, which is available by calling 909-384-7272, or at the Fifth Street Senior Citizens Center. Tobin Brinker, San Bernardino, spoke about three ideas he put forward in an editorial: 1) Transparency—anything that costs the City money should be in the City budget (such as overtime); 2) Suspend Charter Section 186; and 3) In the future, increases to pensions should go to a vote of the people. Stephen Johns, San Bernardino, spoke about the disrespect and lack of professionalism at a previous council meeting and said people need to see progression rather than regression in this City. Sandra Olivas, San Bernardino, spoke about Railroad Days on April 27 and 28, and said it would be the last year for the rail rides as part of the Railroad Days because SANBAG will be doing work that will not allow the rides. David Esparza, San Bernardino, spoke about the medical marijuana issue. A Parkinson's sufferer, he said he liked having a place to go to, and said he wished the Council could reinstate the closed marijuana stores. Ron Coats, San Bernardino, spoke about the City's history of attracting the wrong element, which does not help the city. He said he would like City officials to stop accepting grant funding for another soup kitchen or projects for the poor. Mayor and Common Council of the City of San Bernardino Page 11 Printed 411612013 Joint Regular Meeting Minutes April 15, 2013 10. Adjournment At 8:18 p.m. the meeting was adjourned in memory of Dorothy Grant to 5:00 p.m., Monday, April 22, 2013, in the Council Chamber of City Hall, for a 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 1:00 p.m., Monday, May 6, 2013. GEORGEANN"GIGI"HANNA City Clerk By: 'P g4i Linda E. Hartzel Deputy City Clerk I I i i i i Mayor and Common Council of the City of San Bernardino Page 12 Printed 411612013 it