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Home My WebLink About09-03-2013 Jt. Reg Mtg Minutes P tAtot Mayor Patrick J. Morris City of San Bernardino 300 North "D" Street Council Members Virginia Marquez oSan Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESDAY, SEPTEMBER 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 2:32 p.m., Tuesday, September 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 2:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 2:30 p.m. John Valdivia Council Member, Ward 3 Present 2:30 p.m. Fred Shorett Council Member, Ward 4 Present 2:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 2:45 p.m. Rikke Van Johnson Council Member, Ward 6 Present 2:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 2:30 p.m. Patrick J. Morris Ma or Present 2:30 p.m. James F. Penman City Attorney Present 2:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:30 p.m. Allen J. Parker City Manager Present 2:40 p.m. Mayor and Common Council of the City of San Bernardino Page I Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 1. Closed Session - Pursuant to Government Code Sections(s): 0 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; City v. Wells Fargo Bank N.A., et al. - San Bernardino County Superior Court, Case No. CIVDS 1212108; San Bernardino County Transportation Commission v. Mi Casa Property, LLC et al. - San Bernardino County Superior Court, Case No. CIVDS 1302784; Allison Mechanical v. San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS 1211891; Aspen Builders, Inc. v. Regal Cinemas, Inc.; San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS 1210338; Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS 1210197; Braughton Construction, Inc. v. San Bernardino Stampede, Inc.; San Bernardino Economic Development Corporation - San Bernardino County Superior Court, Case No. CIVDS 1210289. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: City v. LMC Enterprise dba Chemco Products Company 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. 1B, significant exposure to litigation: one item; Under Agenda Item No. 1D,personnel: Civil Service Case No. 12PSB-041. Mr. Penman stated that the case listed under Agenda Item No. 1 C would not be discussed in closed session. 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 Reverend George Honn from the Center for Spiritual Living. The Pledge of Allegiance was led by Council Member Robert Jenkins. 2. Appointments 2A. Mayor's Office Reappointment of Toni Callicott and Lou Fernandez to the Board of Water Commissioners - Mayor Patrick J. Morris Motion: Approve the reappointment of Toni Callicott and Lou Fernandez to the Board of Water Commissioners as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:02:54' MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3. Presentations There were no presentations. 4. Announcements -- Chamber of Commerce and Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated September 3, 2013. 'Approximate time that the motion/second was made,according to meeting video on the City's web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 RESULT: ADOPTED [UNANIMOUS] 00:39:02 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 i AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ......... .......... ................ .....................___..............-..............................................__..................... J 513. City Manner RES. 2013-252 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Finance Director to Amend the FY 2013-14 IEMG Expenditure and Revenue Budgets by Transferring $25,000 from the Other Professional Services Account No. 107-100-0133-5505 to the Part-Time Temporary Labor Account No. 107-100-0133-5014. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:02 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5C. Fire RES. 2013-253 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Standard Agreement to be Used for Gaining the Permission of Parcel Owners to Enter Their Property for the Purpose of Conducting Prescribed and/or Structural Training Bums. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:40:25 MOVER: Virginia Marquez, Council Member, Ward 1 iSECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5D. Fire RES. 2013-254 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a Purchase Agreement and Issuance of a Purchase Order to Johnson Power Systems for Extended Service Coverage on Seven (7) Pierce Fire Engines in the Amount of$43,820. Public Comments: Paul Sanborn, San Bernardino Motion: Adopt the Resolution; and authorize the Director of Finance or designee to adjust the Fire Department's FY 2013-2014 Adopted Budget to reflect the expenditures as outlined in the staff report. Mayor and Common Council of the City of San Bernardino Page 4 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 !! RESULT: ADOPTED [UNANIMOUS] 00:42:14 10 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Virginia Marquez 5E. Human Resources RES. 2013-255 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Director of Administrative Services (U) and Approving Job Description. Motion: Establish one (1) Director of Administrative Services (U) position, Range 4680, $13,189 - $16,031/month; Approve the job description for Director of Administrative Services (U); and Authorize the Human Resources Division Manager to update Resolution Nos. 97-244 and 2011-218 to reflect these actions. i RESULT: ADOPTED [6 TO 11 01:01:19 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack E NAYS: John Valdivia City Attorney Penman advised that the resolution that was prepared and distributed by his office and submitted into the record would have to be adopted by the Council. Motion: Adopt the Resolution, as amended, excluding Sections 2, 3 and 5. r...._...... .................._.._... ._..... .�.._. _�. _.... _......._.__. _....... .___ --s RESULT: ADOPTED [6 TO 11 01:01:57 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack I NAYS: John Valdivia 5F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Reorganizing the Finance Department, Establishing, Reclassifying, and Deleting Various Positions, and Approving Job Descriptions. A resolution prepared and distributed by the City Attorney's office was submitted into the record. Motion: To table. Mayor and Common Council of the City of San Bernardino Page 5 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 RESULT: TABLED [UNANIMOUS] 00:42:46 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5G. Civil Service Personnel Actions - Classified Motion: To table Finance Department Items 18-25. RESULT: ADOPTED 16 TO 11 00:56:48 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Motion: Approve the classified personnel actions, Items 1-17 and 26-28, 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 [4 TO 11 00:57:15 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Johnson, McCammack NAYS: John Valdivia AWAY: Fred Shorett, Chas A. Kelley 5H. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Background Investigator, Part-Time. A resolution prepared and distributed by the City Attorney's office was submitted into the record. Motion: To table. RESULT: TABLED [UNANIMOUS] 00:42:46 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q Mayor and Common Council of the City of San Bernardino Page 6 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 5I. Human Resources 0 RES. 2013-256 – Resolution of the Mayor and Common Council of the City of San Bernardino Adding One (1) Senior Customer Service Representative/Dispatcher, Full- Time to the Public Works Department. City Attorney Penman advised that the resolution that was prepared and distributed by his office and submitted into the record would have to be adopted by the Council. Motion: Adopt the Resolution. R ADOPTED 16 TO 1] 01.03:53 1 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 5J. Human Resources Personnel Actions -Unclassified Motion: To table. RESULT: TABLED [UNANIMOUS] 00:42:46 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack __ _ . _ _ ......................... _......... 5K. Public Works RES. 2013-257 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Cooperative Agreement No. 08-1565 with the California Department of Transportation (Caltrans) for Oversight of the Development of the Project Initiation Document (PID) for University Parkway/Interstate 215 Freeway Interchange Improvements Project(SSO4-19). Motion: Adopt the Resolution. �....._. .......... _ _ ._ _ —_. ___ ___.__ _....--__ RESULT: ADOPTED [UNANIMOUS] 00:39:02 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack 5L. Public Works RES. 2013-258 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 5 to Agreement for Professional Services with TY Lin International to Provide a Project Study Report/Project Development Support (PSR/PDS) for the University Parkway/Interstate 215 Interchange Southbound Loop Entrance Ramp Project (SSO4-19). Mayor and Common Council of the City of San Bernardino Page 7 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 Motion: Adopt the Resolution. RESULT. ADOPTED [UNANIMOUS] 00:39:02 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack ........___.___....................... .............._______......_.._._.. ..-- 6. Staff Reports 6A. City Clerk RES. 2013-259 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the Certificate of Insufficiency for the Recall Petition for Ward Five Council Member and Accepting the Certificates of Sufficiency and Providing for and Calling a Recall Election for Ward Three Council Member, Ward Seven Council Member and City Attorney for November 5, 2013 in the Consolidated Election Conducted by the County of San Bernardino and Authorizing the Prepayment of the Costs Estimated for Said Election to the County of San Bernardino. A revised resolution, Certificates of Sufficiency (Insufficiency) of Recall Petition, and a letter from the Registrar of Voters to Georgeann "Gigi" Hanna, dated August 29, 2013, regarding estimated election costs were distributed to the Council and submitted into the record. 10 City Attorney Penman and Council Members Valdivia and McCammack declared conflicts as targets of the recall, and left the Council Chamber. Special Counsel Tom Clark answered questions posed by the Council. Motion: Adopt the Resolution. RESULT: ADOPTED 15 TO 0] 01:06:17 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSTAIN: John Valdivia, Wendy J. McCammack 6B. Council Office Discuss and Take Possible Action on the Petition Gathered by Residents of Genevieve Street who are Requesting Installation of Sidewalks and Street Lights Council Member McCammack submitted 15 signed petitions into the record. Council Member Valdivia requested that the City Manager also look at the southeast corner of the Third Ward. Mayor and Common Council of the City of San Bernardino Page 8 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 Motion: Direct the City Manager to research the cost and potential funding source for the installation of sidewalks and street lights on both sides of Genevieve Street between 30th and 31 st Streets. RESULT: ADOPTED [UNANIMOUS] 01:09:35 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6C. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposal for Liability and Property Claims Administration Services. Council Member Shorett made a motion, seconded by Council Member Kelley, to adopt the Resolution. No vote was taken. Staff requested a two-week continuance. Motion: Continue to September 16, 2013. RESULT: CONTINUED [6 TO 1] Next: 9/16/2013 2:00 PM I MOVER: Wendy J. McCammack, Council Member, Ward 7 01:17:31 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 6D. Public Works Request Direction from the Mayor and Common Council, Pursuant to a Request to Construct Pavement Rehabilitation on Mt. Vernon Avenue Between Grant Avenue and Walnut Street as a Separate, Stand-Alone Project Public Comments: Juan Figuerora, San Bernardino Richard Castro, San Bernardino Motion: The City Manager is directed to have the Public Works Department revise the plans and specifications to construct the first three projects on the recommended Priority Listing attached to the staff report as soon as possible for potential completion before the end of the calendar year, bringing a proposed budget amendment forward at the time of the award of Contract for Construction to cover the actual lowest responsive bid amount plus contingencies and construction management costs. 0 Mayor and Common Council of the City of San Bernardino Page 9 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 RESULT: ADOPTED [UNANIMOUS] 01:34:03 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, stated that she wished people at the Fifth Street Senior Center would stop picking on her and talking about her. Paul Sanborn, San Bernardino, stated that he had a vision that people will not vote "yes" on the recall and hopes it is a "no" vote straight across the board; and stated that people need to investigate the candidates prior to voting for them. Sandra Olivas, San Bernardino, stated that a Mills Act workshop would be held Saturday at 4 p.m. in the Harris Room at the Historical and Pioneer Society; said the Act applies to businesses as well as homes; said a lot of homes in the City will qualify and that the program does not require income qualifiers; and announced that they are starting to plan for the next Pioneer Days. Scott Olson, San Bernardino, said it will be interesting to see who among the recall proponents will use the recall as a way to run for office; stated that there were no legitimate reasons for putting the council members up for recall; and stated that now is the time for healing to make the City better, not fighting over the old stuff. Juan Figueroa, San Bernardino, stated that he wanted to publicly thank Rebekah Kramer,her staff and the City crews who helped clean up after the recent storm. Barbara Babcock, San Bernardino, read recent press accounts following the bankruptcy hearing wherein City officials said there would be little time before the election to work on bankruptcy matters; read a press account about the court hearing regarding whether to compel the Clerk to count voter withdrawal affidavits; and urged voters to look at each of the recall candidates and consider the choices carefully. James Smith, Highland, commended City officials for attending the recent bankruptcy hearing and stated that he was upset that one of the candidates who is being recalled is running for mayor; announced that Save Our San Bernardino would be hosting two candidate forums—one for recall candidates and another for the council seats that are up; and asked the Council to give the people an opportunity to change the City's charter. David McCammack, San Bernardino, representative for the Disabled American Veterans, announced that they are putting on a POW event on September 27, 2013, honoring those missing in action; and stated that he was sure several petition circulators obtained signatures falsely. Tom Oquendo, San Bernardino, stated that people need to pay attention and scrutinize the candidates running for office; and stated that if the Mayor leaves office with a legacy of failure, then the voters need to know that each and every council member is tainted. Mayor and Common Council of the City of San Bernardino Page 10 Printed 91912013 Joint Regular Meeting Minutes September 3, 2013 8. Adjournment The meeting adjourned at 7:01 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 2:30 p.m.,Monday, September 16, 2013. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page I1 Printed 91912013