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HomeMy WebLinkAbout05.B- City Clerk v.B DOC ID: 2509 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Report/Information From: Georgeann "Gigi" Hanna M/CC Meeting Date: 07/01/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes - May 1, 2013; May 6, 2013; and May 20, 2013 (#2509) Current Business Registration Certificate: Not Applicable Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meetings of May 1, 2013, May 6, 2013 and May 20, 2013, as submitted. Supporting Documents: 05-01-2013 Jt. Adj. Reg. (DRAFT)_gh (PDF) 05-06-2013 Jt. Reg. (Draft)_LS_gh (PDF) 05-20-2013 Jt. Reg. (Draft)_gh_LH (PDF) Updated: 6/27/2013 by Linda Sutherland ..� Own MAY 1 , 2013 MINUTES JTm ADJ . REGULAR z�4 1 MEETING Yy ( DRAFT ) City of San Bernardino Mayor Patrick J. Morris 300 North D Street Council Members o rn � San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins htt //www.sbcit r • ' p' y'o g John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES CD JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING = AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND a� MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY 0 WEDNESDAY, MAY 1, 2013 COUNCIL CHAMBER a The Joint Adjourned Regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 5:03 p.m., Wednesday, May 1, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. The meeting C14 moved to the 6th floor conference room for Closed Session at 5:06 p.m. c to CD Roll Call Attendee Name Title Status E Arrived _.. E Virginia Marquez Council Member, Ward 1 Present 5:03 p.m. Robert D. Jenkins Council Member, Ward 2 Present 5:03 p.m. Q John Valdivia Council Member, Ward 3 Present 5:06 p.m. Fred Shorett Council Member, Ward 4 Present 1 5:03 p.m. Chas A. Kelley j Council Member, Ward 5 Present 5:06 p.m. Rikke Van Johnson Council Member, Ward 6 Present 5:03 p.m. Wendy J. McCammack Council Member, Ward 7 Present 5:06 p.m. Patrick J. Morris Mayor Present 5:03 p.m. James F. Penman City Attorney Present 5:03 p.m. Georgeann "Gigi" Hanna City Clerk Present 5:00 p.m. Allen J. Parker City Manager Present 5:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Joint Adjourned Regular Meeting Minutes May 1, 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 M Section 54956.9. N C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. d D. Closed Session-personnel -pursuant to Government Code Section 54957: Public Employee Appointment: Fire Chief 0 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 o public facilities -pursuant to Government Code Section 54957. N s F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. LL a G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. d 2. Public Comments on Items Not on the Agenda a r 7 Larry O'Brien stated that he was at the meeting to serve Council Member McCammack with a Notice of Intention to Circulate a Recall Petition. O 0 3. Adjournment The meeting adjourned at 7:56 p.m. The next joint regular meeting of the Mayor and E Common Council and the Mayor and Common Council Acting as the Successor Agency v to the Redevelopment Agency is scheduled for 1:00 p.m., Monday, May 6, 2013. a By GEORGEANN "GIGI"HANNA City Clerk Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 17 itrlri. �+ rw�r!w+4r� - rrr�,rr+.�.�r�ti�rrrrrr�r- 1 �C 1� MAY 06 2013 MIN TE J T REGULAR MEETING RAFT) i l'o'o City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members -n San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett �N Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL .� OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING c, AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY O N AND c rn MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING J� AS THE HOUSING AUTHORITY i MONDAY,MAY 6,2013 0 COUNCIL CHAMBER a, a� 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 r Council Chamber, 300 North "D" Street, San Bernardino, California. 4° to Roll Call LO O Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 p.m. E Robert D. Jenkins Council Member, Ward 2 Present 1:00 p.m. ,. n John Valdivia Council Member, Ward 3 Present 1:00 P.M. Q Fred Shorett ° Council Member, Ward 4 Present 1:00 P.M. �_.. Chas A. Kelley 1 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. 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 Mayor and Common Council of the City of San Bernardino Page 1 Printed 611212013 5.B.b Joint Regular Meeting Minutes Ma,, 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; O N People (Department of Transportation) v. Citi Mortgage, et al. - San Bernardino Superior Court Case No. 1211129. rn 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. 'v C. Conference with legal counsel - anticipated litigation - initiation of litigation - o pursuant to subdivision(c)of Government Code Section 54956.9: v City of San Bernardino, Acting as Successor Agency to the Redevelopment LO Agency of San Bernardino v. Department of Finance/State of California. _V rn D. Closed Session-personnel -pursuant to Government Code Section 54957. Cn J I 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 o public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. M r O G. Conference with real property negotiator - pursuant to Government Code Section CN to 54956.8. o LO O City Attorney Penman announced that the following additional cases would be discussed in closed session: (D E t 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. a CIVSS700791; Landmark American Insurance Company, Plaintiff, v. City of San Bernardino, Defendant- San Bernardino County Superior Court, Case No. CIVDS1015159; Hiring the law firm of Stradling Yocca Carlson & Rauth to provide legal services to the City Clerk on Recall Election Issues; Agenda Item No. lOB - 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 1. Packet Pg.19 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. 0 N 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. v RESULT: ADOPTED [UNANIMOUS] N MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member,Ward 7 rn AYES: Marquez,Jenkins, Shorett,Johnson,McCammack Wi ABSENT: John Valdivia, Chas A. Kelley 0 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 N W 0 3B. Certificates of Recognition -- Technical Employment Training, Inc. (TET) Students Jonathan Wiesseman, Marcos Martinez, Rico Miranda and Jose Becerra (Not Present) -- Council Member Valdivia E ca 3C. Certificate of Recognition -- Amanda Jacobs -- Mormon Helping Hands -- Council a Member Kelley 3D. Proclamation Designating May 6, 2013 as "Bill Bird Day" -- Council Member McCammack 4. Announcements -- Elected Officials and Chamber of Commerce Mayor and Common Council of the City of San Bernardino Page 3 Printed 611312013 Packet Pg.20 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 i MOVER: Fred Shorett, Council Member,Ward 4 M SECONDER: Virginia Marquez, Council Member,Ward 1 N AYES: Marquez, Jenkins, Shorett,Johnson,McCammack ABSENT: John Valdivia, Chas A. Kelley d 6. Committee Consent ' 5 6A. Human Resources Job Description Revision: Construction Manager 0 Motion: Approve job description as proposed. v 0 RESULT: ADOPTED [UNANIMOUS] 02:07:14 t 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 o Council Member Jenkins subsequently changed his vote to a "no," due to the fact that this item was not heard by the Personnel Committee. M T O 6B. Human Resources `V to Job Description Revision: Fire Chief(U) ° LO 0 Motion: Approve job description as proposed. m RESULT: ADOPTED [UNANIMOUS] 02:07:14 MOVER: Fred Shorett, Council Member, Ward 4 a 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. Indicates timestam p 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 Packet Pg.21 5.B.b 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. M RESULT: ADOPTED [UNANIMOUS] 02:07:14 N, 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 U Council Member Jenkins subsequently changed his vote to a "no," due to the fact o that this item was not heard by the Personnel Committee. v 0 6D. Human Resources N New Job Description/New Position: SBETA Business Services Representative Council Member McCammack advised that the City Council does not have the authority n� to vote on SBETA positions. L 0 Motion: To table. as RESULT: TABLED [UNANIMOUS] 02:09:42 MOVER: John Valdivia, Council Member,Ward 3 M T SECONDER: Fred Shorett,Council Member,Ward 4 N AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack c ABSENT: Chas A.Kelley c :r c a 6E. Police E 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 Q 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 Packet Pg.22 S.B.b Joint Regular Meeting Minutes May 6, 2013 RESULT: ADOPTED [UNANIMOUS] 02:12:12 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez,Council Member,Ward 1 j AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack ABSENT: Chas A. Kelley 7. Public Hearings M 0 N 7A. City Manager >o Resolution of the Mayor and Common Council of the City of San Bernardino 5; Authorizing the Submittal of the 2013-2014 Funding Application for Community Development Block Grant (CDBG), Emergency Shelter Grant, and HOME Partnership w 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 v Chamber and returned after the vote was taken. 0 Mayor Morris opened the hearing. No resolution was included in the backup materials. J 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 o distributed to the Mayor and Council and submitted into the record. d Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: M T 0 Public Comments: `� Lorine Hargrave, Lorine's Learning Academy, dba Cornerstone Christian Academy, o San Bernardino, requested reconsideration of their proposal so they could continue their c program. (D Joseph Williams, Youth Action Project, San Bernardino, requested that the CDBG process be revised. w Q 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 Packet Pg. 23 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. r 0 N 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 c SECONDER: Virginia Marquez,Council Member, Ward 1 01:51:07 AYES: Virginia Marquez, Robert D. Jenkins,Fred Shorett,Rikke Van Johnson _ NAYS: John Valdivia 3 0 U ABSTAIN: Wendy J. McCammack ABSENT: Chas A. Kelley N n Motion: Continue the matter to the Council meeting of May 20,2013. N J I RESULT: CONTINUED [5 TO 0] 00:51:21 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSTAIN: Wendy J. McCammack M T ABSENT: Chas A. Kelley N 0 LO CD 8. Continued Items a� 8A. Civil Service Ec Personnel Actions -Classified(Continued from April 22, 2013) r r Q 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. Mayor and Common Council of the City of San Bernardino Page 7 Printed 611312013 Packet P-g.24 5.B.b 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 CD M T 9. Staff Reports A 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. — 'v Motion: Adopt the Resolution. v 04:12# RESULT: ADOPTED [UNANIMOUS] c LO MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Rikke Van Johnson, Council Member,Ward 6 a, AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack N� J ABSENT: Chas A.Kelley L 9B. City Attorney 6 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. r 0 N Motion: Adopt the Resolution. c 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 Q 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 Packet Pg. 25 S.B.b 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. c°., Motion: Direct the City Attorney to draft an Ordinance amendment setting the Mayor and Common Council Meeting Open Session start time at 4:00 y 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. U RESULT: ADOPTED [4 TO 21 04:32:20 0 MOVER: Wendy J.McCammack, Council Member,Ward 7 v SECONDER: Robert D.Jenkins, Council Member,Ward 2 0 AYES: Marquez,Jenkins,Johnson,McCammack N NAYS: John Valdivia,Fred Shorett a� ABSENT: Chas A. Kelley cn :r 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 r procedures. M r N RESULT: ADOPTED [5 TO 11 04:37:24 c MOVER: Wendy J.McCammack,Council Member,Ward 7 c SECONDER: Rikke Van Johnson,Council Member,Ward 6 c ':. AYES: Marquez,Jenkins, Shorett,Johnson,McCammack E NAYS: John Valdivia U ABSENT: Chas A. Kelley Q 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. 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 Packet Pg. 26 5.B.b Joint Regular Meeting Minutes Ma„ 6, 2013 %000 RESULT: ADOPTED [UNANIMOUS] 04:41:28 MOVER: Wendy J. McCammack, Council Member,Ward 7 j SECONDER: John Valdivia,Council Member,Ward 3 jAYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack } ABSENT: Chas A. Kelley M 9G. Public Works RES. 2013-80 — Resolution of the Mayor and Common Council of the City of San °N 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 — U Avenue Between Esperanza Street and Mill Street. 0 L) 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. N Public Comments: Tiffany Guzman, student at Valley College J Brandon Brown,member of the student government at Valley College Timothy Forrest,Riverside o Shannen Crosson, San Bernardino -- Jim Eble, San Bernardino Christopher Crosson, San Bernardino Draymond Crawford, San Bernardino John Valdivia, San Bernardino resident and homeowner c N W Motion: Adopt the Resolution. 0 RESULT: ADOPTED [5 TO 01 MOVER: Robert D. Jenkins,Council Member,Ward 2 03:38:14 SECONDER: Wendy J.McCammack, Council Member,Ward 7 03:58:07 Y AYES: Marquez,Jenkins, Shorett,Johnson,McCammack Q ABSTAIN: John Valdivia I ABSENT: Chas A.Kelley Mayor and Common Council of the City of San Bernardino Page 10 Printed 611312013 Packet Pg. 27 Joint Regular Meeting Minutes May 6, 2013 911. 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. M r O Motion: Adopt the Resolution. co RESULT: ADOPTED [5 TO 01 04:42:28 N MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: Wendy J. McCammack,Council Member,Ward 7 AYES: Marquez,Jenkins, Shorett,Johnson,McCammack — U ABSTAIN: John Valdivia ABSENT: Chas A.Kelley v 0 9I. Public Works RES. 2013-82 — Resolution of the Mayor and Common Council of the City of San a, . Bernardino Authorizing an Increase to Purchase Order 2013-61 for a Total of$40,000 to Cn Vulcan Materials Company for the Purchase of Asphalt Materials for Street Repairs. ^i Motion: Adopt the Resolution. a� RESULT: ADOPTED [UNANIMOUS] 04:43:20 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 0 N AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack o ABSENT: Chas A. Kelley c . _..... w c a� 9J. Public Works RES. 2013-83 — Resolution of the Mayor and Common Council of the City of San w Bernardino Authorizing the Director of Finance to Process a Budget Amendment in the Q 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 11 Printed 611312013 Packet Pg. 28 i 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 M RES. 2013-84 — Resolution of the Mayor and Common Council of the City of San N 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- 00000 119 in the Amount of$150,000, Pursuant to Section 3.04.010 B-3 of the Municipal N Code. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:44:25 0 MOVER: Wendy J. McCammack, Council Member, Ward 7 rn SECONDER: John Valdivia, Council Member, Ward 3 uo, AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson,McCammack ABSENT: Chas A.Kelley of Cn J I 9L. Public Works RES. 2013-85 — Resolution of the Mayor and Common Council of the City of San 0 Bernardino Establishing a Fair Market Value and Sales Price and Declaring the Intention 6 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 M T Department of Transportation Relative to the I-15/I-215 Devore Interchange Project and N Setting a Public Hearing to Consider Said Sale. o 0 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. w a 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 ABSENT: Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 12 Printed 611312013 Packet Pg.29 I-� -I 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, Inca with Respect to Winding-Down the Former Redevelopment Agency During Fiscal Year 2012-13. (Continued from April 15,2013) N c� Motion: Adopt the Resolution. GS RESULT: ADOPTED [UNANIMOUS] 04:46:03 F MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack o ABSENT: Chas A. Kelley v 0 u� N 10B. Mayor's Office = Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset J Transfer Review Report Dated March 6,2013. (Continued from April 1,2013) �a L 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 6 of the SBEDC Board. They left the Council Chamber. M Motion: Continue to July 1, 2013. c N O RESULT: CONTINUED [4 TO 01 Next: 7/1/2013 1:30 PM o MOVER: Wendy J. McCammack,Council Member,Ward 7 04:48:00 c SECONDER: John Valdivia,Council Member,Ward 3 E AYES: Virginia Marquez,Robert D. Jenkins,John Valdivia,Wendy J. McCammack ABSTAIN: Fred Shorett,Rikke Van Johnson ABSENT: Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 13 Printed 611312013 Packet Pg. 30 Joint Regular Meeting Minutes May 6, 2013 11. New Business 11A. 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. N Motion: The matter arose subsequent to the posting of the agenda and there is a f° 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 c ABSENT: John Valdivia, Chas A. Kelley v rn 0 U) Motion: Authorize the Mayor to execute on behalf of the City a Professional `V Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for a, Legal Services Related to Recall Election Issues. rn J RESULT: ADOPTED [UNANIMOUS] 00:50:35 1 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez, Jenkins, Shorett,Johnson, McCammack 0: ABSENT: John Valdivia, Chas A. Kelley � M O N 12. Public Comments on Items Not on the Agenda o 0 Rudi Flores, San Bernardino, spoke about the bankruptcy and said it has been years in c the making; stated that the recall is disruptive and is not the answer; and told the Council E to keep doing what they need to do to keep the ship afloat. �a r Paul Sanborn, San Bernardino, said the recall goes nowhere and costs the City a lot of Q 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 "E" Street. Mayor and Common Council of the City of San Bernardino Page 14 Printed 611312013 Packet-Pg.31 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. M r Lynne Wear, President of the Muscupiabe Neighborhood Association, stated that she N 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 y 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. o U 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. Cn� 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. CU L Q 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, o and managers and that all City employees need to step forward and contribute financially N to fight the recall. o LO 0 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 E 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 .2 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 Packet Pg. 32 5.B.b Joint Regular Meeting Minutes Ma,, 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 ca income housing or apartments. In 2 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 S 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. 0 U Margaret Hill, Highland, cautioned the Mayor and Council to slow down or they were a; going to have heart attacks before the election; stated that they need to pray for in themselves and the way they think; and that it's not about me or you—it's about San s Bernardino and our young people. I to J I 13. Adjournment The meeting adjourned at 8:33 p.m. The next joint regular meeting of the Mayor and o 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 c City Clerk 0 0 By :- Linda Sutherland Deputy City Clerk is r Q Mayor and Common Council of the City of San Bernardino Page 16 Printed 611312013 Packet Pg. 33 MAY 20 , 2013 MINUTES � JT . REGULAR MEETING ( [) RAFT) City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members c an Bernardino CA 92418 Virginia Marquez o Robert D. Jenkins http://www.sbcity.org John Valdivia + p' Fred Shorett 'b N Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES CU JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING rn AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND x J MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY ! �a MONDAY, MAY 20, 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 1:09 p.m., Monday, May 20, 2013, in the c Council Chamber, 300 North "D" Street, San Bernardino, California. c N LO O Roll Call C Attendee Name Title Status Arrived E Virginia Marquez Council Member, Ward 1 Present 1:00 P.M. w Robert D. Jenkins Council Member,Ward 2 Present 1:00 P.M. a John Valdivia Council Member,Ward 3 Present 4:14 p.m. Fred Shorett Council Member,Ward 4 Present 1:00 p.m. Chas A. Kelley Council Member,Ward 5 Present 3:00 p.m. Rikke Van Johnson Council Member,Ward 6 Present 3:00 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 Attomey Present 1:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:00 p.m. Allen Parker City Manager Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Page] Packet Pg. 34 S.B.cw Joint Regular Meeting Minutes May 20, 2013 1. Closed Session —Pursuant to Government Code Section(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, Glen Aire, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1114110. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N 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 o public buildings or threat to the public's right of access to public services or v public facilities -pursuant to Government Code Section 54957. 0 N F. Conference with labor negotiator - pursuant to Government Code Section = 54957.6. -i a� i G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. L 0 City Attorney Penman announced that the following additional items would be discussed in closed session: w M Under Agenda Item 1 B, Significant Exposure to Litigation—Agenda Item 713; o N Under Agenda Item 1D, Personnel—Agenda Item 513, Local Maintenance Worker N Position. LO c Following closed session City Attorney Penman announced that two additional items had been discussed in closed session: w Flooding at the Feldheym Library and potential of legal action; Q City Manager brought up the recall process and there is some exposure to litigation there; however, no action could be taken. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel 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 Evelyn Matich. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.35 S.B.c Joint Regular Meeting Minutes May 20, 2013 Invocation and Pledge of Allegiance The invocation was given by Senior Pastor Gilbert Villapando from Tsemach Christian Alliance San Bernardino. The Pledge of Allegiance was led by Emily Neri, a second grade student from Clare Cherry School. 2. Appointments 2A. Mayor's Office Reappointment of Loraine O'Campo to the Civil Service Board- Mayor Patrick J. Morris M 0 Motion: Approve the reappointment of Loraine O'Campo to the Civil Service Board as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:24:01 1 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack 3 ABSENT: John Valdivia v 0 Ln N 2B. Mayor's Office s J Reappointment of Evelyn Alexander to the Civil Service Board -Mayor Patrick J. Morris w i Motion: Approve the reappointment of Evelyn Alexander to the Civil Service Board as requested by Mayor Patrick J. Morris. o RESULT: ADOPTED [UNANIMOUS] 00:24:01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 c AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack o ABSENT: John Valdivia Lo 0 c m E 2C. Mayor's Office Reappointment of Carolyn Tillman to the Board of Library Trustees - Mayor Patrick J. a Morris Motion: Approve the reappointment of Carolyn Tillman to the Board of Library Trustees as requested by Mayor Patrick J. Morris. ' 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 3 packet Pg.36 5.B.c Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [UNANIMOUS] 00:24:01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia a 2D. Mayor's Office Reappointment of Dr. Milton Clark to the Board of Library Trustees - Mayor Patrick J. Morris M r O N Motion: Approve the reappointment of Dr. Milton Clark to the Board of Library Trustees as requested by Mayor Patrick J. Morris. ; RESULT: ADOPTED [UNANIMOUS] 00.24.01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack c ABSENT: John Valdivia U o Ln N 3. Presentations 3A. Proclamation --National Public Works Week and Certificate of Recognition—Matt Melvin, Technician Services Manager—Mayor Morris o 3B. "New American Sports University Vision" --PowerPoint Presentation by Dr. Harry Hwang M 4. Announcements -- Elected Officials and Chamber of Commerce N N Ln 5. Consent Calendar d 5A. City Manager s Personnel Actions -Unclassified w a Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Department, in accordance with City policies and procedures. RESULT: ADOPTED [6 TO 11 04:50:32 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Kelley,Johnson, McCammack NAYS: Fred Shorett Mayor and Common Council of the City of San Bernardino Page 4 'ice OW 5.B.c Joint Regular Meeting Minutes May 20, 2013 5B. 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 [6 TO 1] 04:50:32 MOVER: Wendy J. McCammack, Council Member, Ward 7 M SECONDER: Robert D. Jenkins, Council Member, Ward 2 N AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett as 5C. Community Development RES. 2013-87 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Census Tracts Comprising the Targeted Employment Areas for o the San Bernardino Valley Enterprise Zone. �? LO 0 Motion: Adopt the Resolution. -- ---- z RESULT: ADOPTED [UNANIMOUS] 04:46:08 _j� MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack o a� r 5D. Police M RES. 2013-88 - Resolution of the Mayor and Common Council of the City of San N Bernardino Approving the Destruction of Certain Obsolete Records by the San N Bernardino Police Department. Ln 0 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 i MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5E. Police RES. 2013-89 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the City of San Bernardino Police Department and the San Bernardino County Sheriff's Department to Participate in the Inland Regional Narcotic Enforcement Team (IRNET). Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg.38 Joint Regular Meeting Minutes May 20, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5F. Police RES. 2013-90 - Resolution of the Mayor and Common Council of the City of San c Bernardino Authorizing the Execution of the Master Services Agreement Between the CN, San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire Related Services. N d Motion: Adopt the Resolution. _ RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 0 U SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack LO _ N I 5G. Public Works as I RES. 2013-91 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution... o Designating Certain Streets, or Portions Thereof as through Highways..." and Establishing an All-Way Stop at the Intersection of Alto Drive, Camellia Drive and Verde Drive. M Motion: Adopt the Resolution. N RESULT: ADOPTED [UNANIMOUS] 04:46:08 0 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 E AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack � r 511. Public Works RES. 2013-92 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Sharing Cost of State Highway Electrical Facilities. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg.39 Joint Regular Meeting Minutes May 20, 2013 A RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5I. Public Works RES. 2013-93 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Siemens Industry, Inc. for Traffic Signal Installation at 30th Street and the 210 Freeway (Westbound Exit Ramp for Waterman Avenue), Per Plan No. 12894 (TC08-009). N Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3 0 o� 0 LO 6. Public Hearings _v 6A. City Manager a, i Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the 2013-2014 Funding Application for Community o Development Block Grant, Emergency Solutions Grant, and HOME Partnership Act Funds to the Department of Housing and Urban Development. (Continued from May 6, 2013) M The hearing remains open. N N Council Member McCammack stated she would abstain because she is the president of o the Assistance League. She left the Council Chamber and returned after the discussion and vote regarding allocations to the nonprofits concluded. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the .2 following individuals that they would provide true and honest testimony: a Hans Vandertouw, San Bernardino, said that funds the City releases to nonprofit agencies should be provided to those most vulnerable, including children. He said the City's problems have been caused by its social policies that allow nonproductive and criminal people to take over the city. He called for a comprehensive plan to reduce these populations. David Nagler, pastor of Central City Lutheran Mission, spoke about the �'ro am there p for homeless men. Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.40 S.B.c Joint Regular Meeting Minutes May 20, 2013 Dave Majadi, president/CEO of Boys and Girls Clubs of San Bernardino, said his agency has survived because of the service it provides the community. He thanked Council Member Johnson for sending the issue back to committee for additional consideration because the committee had been ill informed and the process needs to be far more transparent and more information provided. He stated that the City and the nonprofits should be partnering to meet the needs of the citizens. Linda Pederson, St. John's Community Services Center, San Bernardino, said she heard our children called criminals because they come to a center for services. She said that many nonprofits in the city work toward alleviating ignorance. She stated that they M would make do with whatever funds are coming from the City. o CU N A Nick Gonzalez, San Bernardino, said that no one was suggesting that the nonprofits go away. The majority of concern for CDBG is which groups are getting funds and what they are doing with them. He said CDBG funds should be seed money, but after the third year organizations should be self-sufficient and not be relying on the City for their annual budget. He suggested that the City require a report card and follow up with the various groups to increase accountability. 0 Kim Carter, San Bernardino, said San Bernardino is being considered as a national model for evidence based programs for ending homelessness. She stated that she is a tax o payer, and whether her business is a profit or nonprofit business, it creates taxpayers. She N said when she first applied for CDBG funds, they needed it, but last year they brought = over $1 million to the city, with work done by local buyers, contractors and local residents—that the CDBG funds are a stepping stone for organizations like hers. Jay Lindberg, San Bernardino, said that poor people did not cause the unemployment o rate and other conditions in the city, but that it was caused by the people at the dais in years previous. He stated that bad management got the City in its current state. r Roxanne Williams, San Bernardino, said that we need a paradigm shift to support the nonprofit organizations; that she would like to see the City surround the non-profits, N reach out to them, and ask what they need and how the City can help them grow their N organization. LO 0 w Council Member Valdivia made several recommendations for changes in CDBG E allocations. U R w w Council Member Valdivia made a motion, seconded by Council Member Kelley, to Q amend the figures. (No vote was taken.) Council Member Johnson made a substitute motion, seconded by Valdivia, with the incorporation of his amendments to packet page 192. (No vote was taken.) Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg.41 Joint Regular Meeting Minutes May 20, 2013 Motion: Approve the final CDBG Grant Ad Hoc Committee recommendations of 4/25/13, changing the allocation amounts for the following ten (10) agencies as noted: Legal Aid Society of San Bernardino ($15,000), Assistance League of San Bernardino ($20,000), San Bernardino YMCA ($15,000), St. John's Community Success Center ($15,000), Youth Action Project ($15,000), Children's Fund, Inc. ($5,000), Inland Valley Drug & Alcohol Recovery Service ($5,000), Central City Lutheran Mission ($15,000), Boys & Girls Club San Bernardino (ID#6) ($15,000), and Boys & Girls Club San Bernardino (ID#5) ($15,000) for a total of$260,000 for all 19 agencies. M RESULT: ADOPTED [6 TO 01 03:04:12 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack C Council Member Valdivia reiterated the changes he had articulated earlier in the meeting, v noting the change to the Public Service Projects amount from $250,000 to $260,000. a� 0 Council Member Valdivia made a motion, seconded by Council Member Kelley, to LO approve the changes he had just reiterated. (A substitute motion was subsequently = made.) rn i Substitute Motion: Waive full reading, and adopt the Resolution as amended (implied); and o that for the time being, allocate $140,000 to Park Improvement Projects o, (for a total of$315,000) with the caveat that the CDBG Committee then meet to see if they can find any other additional savings or changes to some of the allocations. (Subsequently, it was determined that changes c needed to be made to the resolution so it was not adopted, but was N brought back on June 17, 2013, as Agenda Item No. 6D and continued N to July 15, 2013.) c RESULT: ADOPTED AS AMENDED[6 TO 1] 03:51:51 E MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 r a AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg.42 5 B.G Joint Regular Meeting Minutes May 20, 2013 6B. Redevelopment A2ency 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). Mayor Morris opened the hearing. c N Council Member McCammack noted that the recommended motion was to continue the matter to the meeting of June 3, and she wondered if this item should also be discussed at the ad hoc committee level. a c No public comments were received. U Motion: Refer to the ad hoc committee and continue to June 3, 2013. o RESULT: CONTINUED 15 TO 21 Next: 6/3/2013 1:00 PM o MOVER: Wendy J. McCammack, Council Member, Ward 7 04:04:56 SECONDER: Robert D. Jenkins, Council Member, Ward 2 X AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley CD 0 V 7. Staff Reports 7A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino N Amending San Bernardino Municipal Code Section 2.58.010 Regarding Council Meeting N Start Time. (FIRST READING) c Motion: Lay over Ordinance for final adoption. E RESULT: FIRST READING [6 TO 11 Next: 6/3/2013 1:00 PM Q MOVER: John Valdivia, Council Member, Ward 3 05:40:16 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett i 7B. City Attorney 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. (FIRST READING) Mayor and Common Council of the City of San Bernardino Page 10 LPacket Pg. 43 5.B.c Joint Regular Meeting Minutes May 20, 2013 Motion_ Lay over Ordinance for final adoption. RESULT: FIRST READING [6 TO 0] Next: 6/3/2013 1:00 PM MOVER: Robert D. Jenkins, Council Member, Ward 2 05:44:05 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack ABSTAIN: John Valdivia 1 7C. Council Office Action of Mayor and Common Council Regarding the November 2013 Recall Election C, Mayor Morris advised that this item was relative to the November 2013 Recall Election ; and applies to all wards, the Mayor's office, the City Attorney's office, and the City a Clerk's office at this point. He stated that they need a proposal relative to the c administration of this recall election—how it is to be handled and by whom it is to be handled—and how this action is to be achieved when the entire City Council is conflicted on the matter. 0 U City Attorney Penman stated that he had disqualified himself because he was served with c a petition for the recall. He stated that in the past the Council would default to the N ' Redevelopment Agency attorney, and the attorney for the Successor to the = Redevelopment Agency is Mr. Clark. He left the Council Chamber and was replaced by Special Counsel Tom Clark. i w City Clerk Hanna was also served a petition for recall; therefore, she also left the Council o Chamber. a� Special Counsel Clark stated that since there has been a petition of recall against each of the Council members, they all have a conflict of interest and technically cannot vote on M anything associated with the recall, and this item is associated with said recall. N N He stated that first of all, whenever a public official has a financial interest in a decision, o they have to disclose it on the record. There are a series of writings that must occur and they can occur in writing within 30 days after the meeting, so he will bring back a written disclosure as to why each of the Council members are conflicted out. Secondly, in the case where nobody can vote and there are actions that have to be taken, a Title 2, Section 18708 of the California Administrative Code provides that four people have to be randomly selected and it has been proposed, and the City Manager has seven straws, and he is suggesting that the four short straws be those officials who will remain seated for purposes of voting on this recall matter for all purposes until it is over. Each of the seven Council members drew a straw from City Manager Parker, and the following members drew the short straws: Council Members Marquez, Valdivia, Shorett, and Johnson. Council Member Shorett assumed the duties of Mayor Pro Tem. Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg. 44 5.B.c Joint Regular Meeting Minutes May 20, 2013 At this time, Council Members Jenkins, Kelley, and McCammack left the Council i Chamber and returned following the discussion and vote on this matter. City Manager Parker stated that there were four proposed motions that would establish a process for the recall. He stated that basically the process is for the Council members to direct him, as being a neutral, non-affected party, to take the City up to the point where petitions are received. At that point they expect that the Registrar of Voters will take over and validate the signatures, etc. In the interim, the City Clerk's office receives inquiries, accepts pieces of paper that are required, etc., and he will be relieving her and her office of those duties effective Tuesday, May 21, 2013, if these motions are passed. Mr. Parker read the first motion into the record. It was noted that the County of San o Bernardino had already indicated that they would decline, but the City has to make >, formal application to them. Public Comments: d Ed Bonadiman, San Bernardino, stated that he loves San Bernardino, he wants to see things changed, he thinks way too much money is spent on police and fire, and we need to do everything we can to make things sustainable. He urged the Council to make good decisions for the City. o U Scott Johnson, San Bernardino, stated he would like to hear the motions being proposed o by the City Manager and Special Counsel Clark, and he encouraged the City to have County Counsel provide legal advice—that if they were going to have the County do x some of it, they should have them do it all. rn i Dan Carlone, San Bernardino, stated that he agreed with Scott Johnson, and the best thing that could be done is that whatever happens here is done with clear transparency. a` Deanna Adams, San Bernardino, stated that the recall is hard hitting and to replace talent and skill they need to look at the salary of the Common Council—to earn $50 a month and receive a mediocre car allowance is victimizing. She stated that the Council Cq members are overworked and should receive pay more comparable to the Mayor. C° 0 N Betty Jean Long, San Bernardino, stated she was tired of the fighting among the Mayor o and Council members. c d E Jay Lindberg, San Bernardino, stated that the Council has often made decisions that were contrary to the will of the people and the legislature and then they wonder why investments like that ended up bankrupting the City. He also spoke on the costs a associated with the City's police and fire. Council Member Valdivia stated that he would like language added to the motions that any actions taken will be done in accordance with the City Charter. Mr. Clark re-read Motion#1 into the record, with the language recommended by Council Member Valdivia included therein. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.45 5.B.c Joint Regular Meeting Minutes May 20, 2013 Discussion ensued regarding costs and what the rationale was for the County not being willing to take on the responsibilities associated with the recall. City Manager Parker stated that in talking with Mr. Devereaux, the County's Chief Executive Officer, it was the feeling at the County that there are relationships among County officials and City officials that may be close, and they did not want to be subject to any kind of criticism because of that. There is also fear that if things don't go the way various individuals in the community would like, insofar as receiving petitions, etc., that they could be sued. Therefore, it was the feeling that they should probably decline any involvement and just deal with the election process itself. Motion #1: That the San Bernardino City Council formally request that the San o Bernardino County Registrar of Voters assume the duties of the San cc Bernardino City Clerk in the pending recall of ten elected San Bernardino City Officials, to be conducted in accordance with the Charter. In the alternative, the San Bernardino City Council formally requests that the San Bernardino County Registrar of Voters examine and verify each = signature on each recall petition submitted in the process referred to above and that in this process the Registrar of Voters receive legal advice from attorney Tom Clark of the law firm of Stradling, Yocca, Carlson and o Rauth, PC. All costs for the Registrar of Voters' work and Mr. Clark's v work shall be borne by the City of San Bernardino. o LO RESULT: ADOPTED [4 TO 01 04:40:32 _ MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Virginia Marquez, John Valdivia,Fred Shorett,Rikke Van Johnson a ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack _ _.......... _— a� Mr. Clark explained the pertinent points of the next three motions. M r O N Motion #2: If the San Bernardino County Registrar of Voters declines to assume the N duties of the San Bernardino City Clerk, the San Bernardino City Council o formally requests that the Riverside County Registrar of Voters assume the duties of the San Bernardino City Clerk in the pending recall of ten E elected San Bernardino City Officials, to be conducted in accordance with C the Charter. This would include the examination and verification of each w signature on each recall petition submitted in the process referred to a above. All costs for the Riverside County Registrar of Voters' work and any legal work by the Riverside County Counsel shall be borne by the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 46 S.B.c Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [4 TO 01 04:43:23 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley,Wendy J. McCammack Motion #3: If the County of San Bernardino and the County of Riverside both decline to assume the duties of the San Bernardino City Clerk, the City Manager and Special Counsel, Tom Clark, are directed to bring the appropriate legal action in Superior Court seeking court intervention, direction and determination as to the administration of the recall process, to be N conducted in accordance with the Charter. RESULT: ADOPTED [4 TO 01 04:43:23 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia,Fred Shorett,Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack o U a> Motion #4: Pending resolution of the outcome of Motions 1, 2, and 3 above, the City N Manager is directed to immediately, using such staff as he may direct and = not using staff from the City Clerk's office, to obtain and transport all documents, emails, electronic transmissions and all other writings from the City Clerk's office and move same to the City Manager's office. From this point forward, the City Manager shall assume temporary o responsibility for the recall process, to be conducted in accordance with the Charter, that would normally be overseen and administered by the San Bernardino City Clerk. Attorney Tom Clark, from the law firm of Stradling, Yocca, Carlson and Rauth, PC, shall provide any and all legal M advice to the City Manager. The City Council directs the City Manager to N temporarily administer the recall process, to be conducted in accordance N with the Charter, previously administered by the City Clerk, in o consultation with attorney Tom Clerk of Stradling, Yocca, Carlson and Rauth, PC. CD _. __.... ......... __. ____. ___... .___.._.....................___..---- ....... ......... ..... ............ .....__..... .............. ........----- .......... L RESULT: ADOPTED [4 TO 01 04:43:23 Y MOVER: Rikke Van Johnson, Council Member, Ward 6 Q SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack I 7D. Council Office San Bernardino Hometown Heroes Military Banner Program Council Member Johnson provided an update on the Military Banner Program. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 47 S.B.c Joint Regular Meeting Minutes May 20, 2013 It was the consensus of the Council to receive and file Mr. Johnson's report. 7E. Finance RES. 2013-98 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Bartel Associates LLC and the City of San Bernardino for Consultant Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:49:05 MOVER: Wendy J. McCammack, Council Member, Ward 7 M SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack R N Gf 7F. Police RES. 2013-99 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fee to Administratively "Sign-Off' on Correctable Vehicle Code Violations, and Authorizing the Police Department, or Its Designee, to Collect Said c Fee. v c� Motion: Adopt the Resolution, with the stipulation that all monies collected be N allocated to the Police Department. _ J RESULT: ADOPTED 4 TO 3 [ l 05:51:35 ' rn MOVER: Chas A. Kelley, Council Member, Ward 5 i SECONDER: Robert D. Jenkins, Council Member, Ward 2 0 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley, Wendy J. McCammack a, NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson M r O N 8. Mayor and Common Council Acting as the Successor Agency to the N Redevelopment Agency o 8A. Redevelopment A2ency E RES. 2013-100 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of a the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 1835 Sheridan Road, San Bernardino, California. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 15 Packet Pg.48 S.B.c Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [6 TO 11 06:06:16 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack NAYS: John Valdivia s 8B. Redevelopment A2ency RES. 2013-101 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in N Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2350 Osbun Road Unit#44, San Bernardino, California. , u� Motion: Adopt the Resolution. c RESULT: ADOPTED 16 TO 11 06:06:16 "! MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 0 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack c NAYS: John Valdivia N J s I 8C. Redevelopment Agency RES. 2013-102 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of ° the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 279 East 49th Street, San Bernardino, California. M 0 Motion: Adopt the Resolution. c N to RESULT: ADOPTED [6 TO 1] 06:06:16 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson, McCammack q NAYS: John Valdivia 8D. Redevelopment Auncy RES. 2013-94 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2812 Acacia Avenue, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg.49 Joint Regular Meeting Minutes May 20, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8E. Redevelopment Agency M RES. 2013-95 - Resolution of the Mayor and Common Council of the City of San o Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of C14, the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 5185 Humbolt Avenue, San Bernardino, California. c Motion: Adopt the Resolution. ---- ---. ----_..._ - c RESULT: ADOPTED [UNANIMOUS] 04:46:08 0' IMOVER: John Valdivia, Council Member, Ward 3 v SECONDER: Virginia Marquez, Council Member, Ward 1 Ln AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack J I a�1 I 8F. Redevelopment Agency ,w RES. 2013-96 - Resolution of the Mayor and Common Council of the City of San o Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located t: at 5504 North Mountain Drive, San Bernardino, California. M 0 N Motion: Adopt the Resolution. N Ln RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 E SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q 8G. Redevelopment Agency RES. 2013-97 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 813 Colima Road, San Bernardino, California. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 17 Packet Pg.50 5.B.c Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack _ ..__-----__... _......................__ - - 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, stated she was tired of the infighting at City Hall. M r Rory Murray, San Bernardino, said he wanted only the best for the city, and said that N calling cannabis patients criminals was offensive. Eva Campoverde, San Bernardino, spoke about how the closure of marijuana clinics will affect those people who work in the shops. c Thomas Place, San Bernardino, spoke about his need for cannabis for treatment of his ailments. He went from 27 pills to one pill each day with the use of cannabis. 3 0 U Bryan Fletcher, San Bernardino, said he has aids and colon cancer. With cannabis use he has his colon cancer in remission and he needs to keep it up with his aids virus. He N stated that he has a card through the health department, and his doctor approves of his medical cannabis use. i a� Deanna Adams, San Bernardino, spoke about the treatment of animals reflecting who we are as a society. She compared pet overpopulation and disposal as our own personal Auschwitz, asked that the City employ more animal license checkers, and requested that ° the halftime employee be employed fulltime. Lanny Swerlog, Riverside, said marijuana will not go away even if the City outlaws M outlets—that people will go to Palm Springs or Los Angeles, or buy it from crooks. He o suggested that the City of San Bernardino operate a marijuana collective as a way to 0 improve the City's finances. 0 James Penman, San Bernardino, stated that the recall proponents have insufficient time to run a proper recall, that up to one-third of the signatures are forged by the collectors, E and that it will cost the City$700,000. r Sharon Blechinger, San Bernardino, offered thanks to those who participated in Dollars for Dogs,which raised$34,000 for the K9 unit. Extended an invitation for Walk and Wag on June 22 at Perris Hill Park, with registration at 7:30 a.m., put on by H.E.A.L. to raise funds for free spays and neuters to residents' animals. Rudi Flores, San Bernardino, said the bankruptcy has left the City vulnerable to all kinds , –. of factions, and that the factions are attempting to divide and conquer and working to break down what the citizens voted for. He stated that the City needs leadership and experience, not opportunistic carpetbaggers. Mayor and Common Council of the City of San Bernardino Page 18 Packet Pg. 51 Joint Regular Meeting Minutes May 20, 2013 Jay Lindberg, San Bernardino, said he wanted to give a different perspective on medical marijuana and blamed a homicide in his family on the SBPD. Anthony, San Bernardino, stated that he owns three clothing stores, a tattoo shop and a medical marijuana shop and employs 90 people. He asked for some clarity about superseding California state law, using a zoning law and saying it is good enough. He stated that he has a legitimate business, that the City cannot zone things that move and is now saying that he cannot deliver. Jolene Quesada, San Bernardino, spoke about how cannabis helped her sick mother. M Cory Berge, San Bernardino, suggested sitting down with dispensary owners and N discussing how they might be taxed to benefit the city. He stated that they are not criminals. Linh Nguyen asked where he was supposed to get his medicine. c 1 Family of George Lopez stated that crime will rise because people will go to the corner to get the drugs and that the Police Department is corrupt. 3 0 U 10. Adjournment o The meeting adjourned at 9:18 p.m. The next joint regular meeting of the Mayor and N 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 3, 2013. i w w GEORGEANN "GIGI" HANNA o City Clerk a� r By: M Linda E. Hartzel N Deputy City Clerk N 0 c (D E t U tC w w Q Mayor and Common Council of the City of San Bernardino Page 19 Packet^Pg. 52