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Home My WebLink About06-03-2013 Jt. Reg Mtg Minutes '- AR ''' , City of San Bernardino Mayor Patrick J. Morris ' 300 North "D" Street Council Members 6 San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins ` http://www.sbcity.org John Valdivia Fred Shorett k n try 1 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, JUNE 3, 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 1:08 p.m., Monday, June 3, 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 Late 4:04 p.m. Fred Shorett Council Member, Ward 4 Present i 1:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:00 P.M. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member, Ward 7 Present 1:00 P.M. Patrick J. Morris_ Mayor Present 1:00 P.M. James F. Penman City Attorney Present 1:00 P.M. __. ._... Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Allen J. Parker City Manager Present 1:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Printed 611912013 Joint Regular Meeting Minutes June 3, 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, Mejia, Maria D., et al. v. City of San Bernardino, et al. - U. S. District Court, Case No. EDCV 11-00452 VAP; People (Department of Transportation) v. Ngo - San Bernardino Superior Court, Case No. CIVDS 1210271. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. 1F, conference with labor negotiator: the General Bargaining Unit; Under Agenda Item Nos. 1B, significant exposure to litigation; and IE, 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: Agenda Item No. 81). Closed Session Public Comment Jim Mulvihill, San Bernardino, stated that very little objective information has been provided to the public regarding the bankruptcy. What is leaking out tends to either have a political slant to it or it is misinformation. The citizens and voters deserve an explanation as to what Chapter 9 means so they are prepared for what's going to happen. He stated that it is unfair to the public that everything is discussed in closed session. Mayor and Common Council of the City of San Bernardino Page 2 Printed 611912013 Joint Regular Meeting Minutes June 3, 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. Invocation/Pledge of Allegiance The invocation was given by Pastor Jim Hall from Cornerstone Christian Fellowship. The Pledge of Allegiance was led by Cristian Jacome and Julie Araiza from Carmack School. 2. Appointments 2A. Mayor's Office Appointment of Nick Gonzalez to the Parks & Recreation Commission-Mayor Patrick J. Morris No Action Taken Motion: Approve the appointment of Nick Gonzalez to the Parks & Recreation Commission as requested by Mayor Patrick J. Morris. 3. Presentations 3A. Introduction of Student Ambassadors from the Tachikawa-San Bernardino Sister City Program-- Mayor Morris Judy Maculsay of the Tachikawa Sister City Program introduced the following students chosen by the Tachikawa Committee to represent the City this year in Tachikawa, Japan: Zamara Guzman, Oscar Jacinto, Melissa Lambert and Harry Sunberg. Jeanette Avila of the Tachikawa Sister City Program announced that the dedication of the "Sister Cities of San Bernardino Sign Project" would be held on August 14, 2013 at the steps of the San Bernardino City Hall. 3B. "Food That's In While School is Out" -- PowerPoint presentation by Pastor Andre Chapple 3C. A Proclamation Designating June 3, 2013 as "Purple Heart Day" Presented to the Military Order of the Purple Heart -- Robert E. Bush Chapter 2929 -- Council Member Shorett 3D. Certificate of Commendation -- Loren Landrus -- CIF Soccer Player of the Year -- Council Member Shorett 3E. Certificate of Commendation -- Storhmn Figueroa-King-- Council Member Kelley 3F. Code Enforcement Transition -- Formal Update by Chief of Police Robert Handy (Postponed until July 1, 2013) o Mayor and Common Council of the City of San Bernardino Page 3 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 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 June 3, 2013. ............ ...... _ __ 1111.__ ___ ........................ ___._-___.___...__..__........... _11_ ......11 . RESULT: ADOPTED [UNANIMOUS] 01:29:19' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 5B. City Clerk Council Minutes -- April 1, 2013; April 15, 2013; and April 22, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of April 1, 2013; April 15, 2013; and April 22, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:29:19 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack �ABSENT: John Valdivia _ _1111 ....... _.__.._ 5C. City Attorney ORD. MC-1388 —An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 2.58.010 Regarding Council Meeting Start Time. (FINAL READING) Public Comments: James Smith, San Bernardino City Attorney Penman advised that according to the City Charter, the ordinance would take effect 30 days from the date of the second reading, so the new schedule would start on July 15, 2013. Motion: Adopt the Ordinance. ' Denotes approximate timestamp of motion and second,on DVD of meeting, filed in the City Clerk's Office Mayor and Common Council of the City of San Bernardino Page 4 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 10 RESULT: ADOPTED [4 TO 31 01:33:24 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson 5D. City Attorney ORD. MC-1389 — An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.30.150 Regarding Emergency Abatement. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 01:29:19 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 5E. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 01:29:19 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 5F. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] 01:47:16 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Robert D. Jenkins, Council Member, Ward 2 0 AYES. Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 5 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 6. Committee Consent 6A. Fire RES. 2013-103 — Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding Resolution No. 2013-64 and Ratifying the Submittal of the On- Line Grant Application for the 2012 Staffing for Adequate Fire and Emergency Response (SAFER) and Authorizing the San Bernardino City Fire Department to Accept the Original Award and to Administer the Grant. Submitted into the record was an email from Interim Fire Chief George Avery to Tina Godfrey, dated May 20, 2013, "RE: 2012 Grant Directive Request." Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:49:02 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Public Hearings 7A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment to the 2010-2015 Consolidated and 2012-2013 Action Plans and Allocating $2,360,000 in Home Investment Partnership Act Funds for Single Family Housing Rehabilitation Program ($1,400,000), Homebuyer Assistance and Education Service Program ($880,000) and Mobile Home Grant Repair Program ($80,000); and $150,000 in Community Development Block Grant Funds for Single Family Beautification Loan/Grant Program ($100,000) and Elderly/Special Needs Minor Repair Grant Program ($50,000). (Continued from May 20, 2013) The hearing remains open. Motion: Continue to June 17, 2013. . _. -_... ........ -._ .-......... . .......... _........._. -__ .._...._.._..�_ _-----.,,.. ........ ........ ......_....7 RESULT: CONTINUED [UNANIMOUS] Next: 6/17/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 01:49:36 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ...... -----._.. _........... -_................. ........_........ ......_._..._ 10 Mayor and Common Council of the City of San Bernardino Page 6 Printed 611912013 I Joint Regular Meeting Minutes June 3, 2013 0 8. Staff Reports 8A. City Attorney RES. 2013-104 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Portion of the 2013-2014 Housing and Urban Development Action Plan Allocating Funds for Public Service Projects and for Park Improvement Projects. Council Member McCammack stated that she would abstain on this item due to the appearance of a conflict. She left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO O] 01:50:44 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 8B. City Clerk 10 Resolution of the Mayor and Common Council of the City of San Bernardino Requesting that the City of San Bernardino's Primary Municipal Election be Consolidated with the November 5, 2013 Consolidated Election Conducted by the County of San Bernardino. Council Member Shorett made a motion, seconded by Council Member Jenkins, to adopt the resolution. No vote was taken. Council Member McCammack requested that this item be brought back to the next Council meeting so the documentation could be properly written. Substitute Motion: Continue to June 17, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 6/17/2013 1.30 PM I MOVER: Wendy J. McCammack, Council Member, Ward 7 01:55:58 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 0 Mayor and Common Council of the City of San Bernardino Page 7 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 8C. City Manager RES. 2013-105 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Additional Funds for Bankruptcy Services in FY 2012/13 and for Debt Service Obligations for Series 1996 Lease Revenue Refunding Bonds and Series 1999 Refunding Certificates of Participation (COP) for FY 2013/14. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 1] 01:57:52 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8D. Council Office Legislative Review Committee Pending Items Public Comments: Carolyn Tillman, San Bernardino Shirley Harlan, San Bernardino Council Member Jenkins made a motion, seconded by Council Member Marquez, to refer Item #1 to closed session; and, regarding Item #2, that the committee members that are listed (Marquez, McCammack, Shorett) remain the same. Council Member McCammack asked if Council Members Jenkins and Marquez would consider an amendment to the motion regarding Item #2, that the same three Council members be named back to the existing committee. Council Members Jenkins and Marquez agreed to the amendment. Motion: Item 1 - Discussion of problem activity at and around the Feldheym Library- To refer to closed session; and Item 2 - Revisions to Chapter 5.76 of the Municipal Code - Taxicabs, Ambulances and Chartered Vehicles - To recreate the Taxicab Ad Hoc Committee and reappoint the committee members that were part of that ad hoc committee to reconsider the issue. .._._._. . _.._._......_ . __.._.__.. .._....... ..._......... RESULT: ADOPTED [6 TO 11 02:19:11 MOVER: Robert D. Jenkins, Council Member, Ward 2 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 8 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 8E. Council Office San Bernardino Hometown Heroes Military Banner Program It was the consensus of the Council to receive and file the committee update. 8F. Successor Agency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of San Bernardino Authorizing the Execution of a Third Amendment to Consultant Services Agreement Between the City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino, and Rogers Anderson Malody and Scott, L.L.P. for Economic Development Agency/Successor Agency Audit Services. Motion: Continue to July 1, 2013. ..............__ ........ _......-__._. ..__ . _....... _,_._.. . ..................._.............._____....................... RESULT: CONTINUED [6 TO 11 Next: 7/1/2013 1:30 PM MOVER: Fred Shorett, Council Member, Ward 4 02:39:30 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia LZ 8G. Human Resources RES. 2013-106 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Alliant Insurance Services, Inc. and the City of San Bernardino to Provide Broker and Administration Services for the Employee's Health Care Program. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:45:31 MOVER: Wendy J. McCammack, Council Member, Ward 7 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, stated that the Mayor and Council does nothing but fight; announced that she was going to run for mayor; and asked the Mayor how he got out of the San Bernardino International Airport scandal. Margaret Hill, Highland, stated that she understood the need to change the start time of the Council meetings to 4 p.m.; however, it might impact her ability to bring students to ® the meetings, especially during the fall and winter months. She asked those who support and/or oppose the recall to be honest, open and fair. Mayor and Common Council of the City of San Bernardino Page 9 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 Tierney Harris, Upland, spoke against a specific judge who is violating constitutional and civil rights within the San Bernardino County courthouse. Deborah Bungar, San Bernardino, spoke about the people collecting signatures within her mobile home park. She stated that they have bullied and badgered people to the point where they are just signing to get them to leave the area. She stated that there is a "no soliciting" sign in front of the park. She asked the people to leave, but they returned two days later. The circulators are rude and they don't know what they are passing around. They don't say it's for a recall—they just say it's for the bankruptcy. When they decline to sign, the residents are told that they are stupid for not signing and they need to reconsider. She stated that she wants to file a complaint or contest the way the signatures have been collected. Scott Olson, San Bernardino, stated that California Mobile Home Residency Law states very clearly that you cannot go into a park without a sponsor and that the sponsor will be held accountable for any inappropriate behavior. He stated that a counter-recall petition is also being circulated. He said the recall is wrong for the City. Concepcion Powell, San Bernardino, spoke about her concern for the Home of Neighborly Service and cutting the meals for seniors. Paulina Lizarraga, San Bernardino, pleaded for assistance from the Council so that she and other seniors can continue to have lunches. She doesn't have transportation so it Qwould be a hardship to go someplace besides the Home of Neighborly Service. George Padilla, San Bernardino, stated that he hoped the Home of Neighborly Service can stay open. Carmen Lopez, San Bernardino, asked the Council to reconsider discontinuing the senior lunch at the Home of Neighborly Service. She stated that her mother looks forward to going to the home, and it is what gets her out of the house. Margaret Schwarz, San Bernardino, stated that she has a car, but others do not, and they do not have money for a bus or a taxi to go to the Fifth Street Senior Center. She said that it was her understanding that it would not cost that much more to have the lunches at the Home of Neighborly Service, but it would cost the seniors a lot. She asked the Council to consider where they would be in 10, 20 or 30 years and facing similar situations. David McCammack, San Bernardino, spoke about his take on the reasons for the recall. He stated that the recall is about some well-off businessmen, half of whom don't live in the City who want to sell off the taxpayer-owned clean water system for personal gain. It's not about wiping the leadership slate clean due to the City's bankruptcy. He spoke in support of Wendy McCammack's voting record, comparing it to the Mayor's. He stated that he believes it is the voters' responsibility to learn the whole truth because recall petition circulators are not telling the truth when they are asking people to sign their petitions. Mayor and Common Council of the City of San Bernardino Page 10 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 Shirley Harlan, San Bernardino, stated that she hoped that the discontinuation of the meals at the Home of Neighborly Service was going to be brought forward to the Senior Affairs Commission. She stated that the movie, "Girls Rising," which was held at the Regal Theater last month was a success. Donna Howard, Senior Affairs Commission 7th Ward representative, stated that they are working very hard on trying to save the senior lunches. It seems like the City has forgotten about the seniors. James Penman, San Bernardino, stated that he saw no purpose in recalling a person who has been chosen by the people twice. He stated that the people who are pushing the recall are not honest and have hired people who are political mercenaries to collect signatures for pay. The recall has nothing to do with bankruptcy; it has nothing to do with Pat Morris or Jim Penman; it has everything to do with the City's water system. Larry Sharp, Redlands, spoke about the City's Plan of Adjustment. Alicia Aguayo, San Bernardino, Youth Leader with ICUC, announced that a Community Faith Forum would be held at St. Anthony's on June 11, 2013, at 6:30 p.m. Barbara Babcock, San Bernardino, stated that there are some people she would never sign a recall petition for; spoke against political operatives who are commenting on the recall; and asked who the man was who served recall papers on Ms. Hanna by the name ® of Rey Dandy Lachica. Pablo Machado, senior at Arroyo Valley High School, stated that he was planning to stay in the community; and stated that it is embarrassing to watch how City leaders argue instead of focusing on the community and youth. Isabella Hamm, San Bernardino High School student, stated that for the next several weeks she will be working with other youth who care about the City as much as she does, to engage the community and register voters for the November election. Karen Esparza, San Bernardino High School student, stated that she will be working with Isabella to register voters. James Smith, San Bernardino, announced that the Elks Lodge will be celebrating Flag Dag on June 14. Dinner will take place at 6 p.m., with ceremonies beginning at 7:30 p.m. Pat Perkins, San Bernardino, asked that the Mayor and Common Council reconsider the decision to stop serving lunches at the Home of Neighborly Service. Mayor and Common Council of the City of San Bernardino Page 11 Printed 611912013 Joint Regular Meeting Minutes June 3, 2013 10. Adjournment The meeting adjourned at 7:40 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, June 17, 2013. GEORGEANN "GIGI"HANNA City Clerk By 4-dA Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 611912013