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Home My WebLink About09-16-2013 Jt. Reg Mtg Minutes NA Mayor Patrick J. Morris . � City of San Bernardino y ' 300 North "D" Street Council Members c San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia ��. Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, SEPTEMBER 16, 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 2:40 p.m., Monday, September 16, 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 Fred Sho Valdivia a Council Member Ward 4 Present 2:30 p.m.--- Chas A. Kelley Council Member, Ward 5 Present 4:00 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 Mayor � � Present 2.30 p.m. James F. Penman City Attorney Present 2:30 p.m. 10 Georgeann "Gigi" Hanna City Clerk Present 2:30 p.m. Allen Parker City Manager Present I I Mayor and Common Council of the City of San Bernardino Page] Printed 911712013 i Joint Regular Meeting Minutes September 16, 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; i People (Department of Transportation) v. Redevelopment Agency of the City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1301186. j B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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 Gabriel L. Acosta. Invocation and Pledge of Allegiance The invocation was given by Council Member Johnson. The Pledge of Allegiance was led by Joshua Hughes, a student from Emmerton Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Student of the Month -- Marcos Silva Morales, Sierra High School Senior -- Council Member Marquez Mayor and Common Council of the City of San Bernardino Page 2 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 3B. Mobile Home Park Ambassadors —Tribute and Commendations to Residents of the 3rd Ward Mobile Home Parks—Council Member Valdivia 3C. Citizen of the Month -- Patsy Dorr-- Council Member Shorett 4. Announcements -- Elected Officials & Chamber of Commerce Council Member McCammack requested that the meeting be adjourned in memory of Norman Walters and Ruben Lopez. 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 16, 2013. RESULT: ADOPTED 16 TO 11 01:05:221 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 513. 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 11 01:07:10 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Approximate time the motion/second was made, according to the meeting video posted on the City's web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 5C. Human Resources Finance Department Reorganization RES. 2013-260 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Implementing Principal Accountant Job Description and Establishing Position. Public Comments: Betty Jean Long, San Bernardino City Attorney Penman advised that his office had prepared and distributed a resolution to establish the job description and position of Principal Accountant. Mayor Morris read the title of the resolution into the record Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 11 01:11:00 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack 10 NAYS: John Valdivia ........._ 5D. Human Resources Personnel Actions—Unclassified City Manager Parker advised that Mr. Cain's appointment to the position of Director of Administrative Services (U) would be at Range 4680, Step 17, $15,421/month; the cost e being offset with a reduction in the contract services with Urban Futures, Inc. Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [6 TO 11 01:13:27 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 4 Printed 911712013 I I Joint Regular Meeting Minutes September 16, 2013 5E. Human Resources RES. 2013-261 - 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. (Continued from September 3,2013) Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:05:22 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 5F. Human Resources RES. 2013-262 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Part-Time Position of Background Investigator and Approving Job Description. Motion: Adopt the Resolution. 10 RESULT. ADOPTED [6 TO 11 01:05:22 I MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia ....................... ...... __ _ _ ......... 5G. Parks,Recreation & Community Services RES. 2013-263 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Execution of FAS Standard Contract 13-546 A-1 (Amendment No. 1 to Contract 13-546) with the County of San Bernardino Department of Aging and Adult Services (DAAS), Dividing the Contract into Two Budget Periods: Budget Period One from July 1, 2013 — September 30, 2013 and Budget Two from October 1, 2013 — June 30, 2014, for a Total Grant Amount of$210,122 and Authorizing the City Manager to Direct the Finance Director to Execute Two Financial Budgets. Public Comments: Kathy Mallon, San Bernardino Mayor and Common Council of the City of San Bernardino Page 5 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 Motion: Adopt the Resolution RESULT: ADOPTED [UNANIMOUS] 01:17:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack I _ _ .__ ......._ . 5H. Parks, Recreation & Community Services RES. 2013-264 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Continuation Grant Application to the Corporation for National and Community Service and Accepting the Grant Amount of $299,799 to Continue the Administration and Operation of the Senior Companion Program for the Period of July 1, 2013 through June 30, 2014 and to Authorize the Director of Finance to Incorporate All Necessary Changes to the FY 2013-14 Budget Related to This Grant. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 1] 01:05:22 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia i ._.__. ._ ..__. _...... 5I. Parks, Recreation & Community Services RES. 2013-265 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of Year One of a Three-Year Grant Application with the Corporation for National and Community Service to Continue the Administration and Operation of the Retired and Senior Volunteer Program for the Period of April 1, 2013, through March 30, 2014; Accept the Grant Award Revenue in the Amount of$48,810; and Authorize the City Manager to Direct the Finance Director to Appropriate Additional Grant Expenditures. Motion: Adopt the Resolution. RESULT: ADOPTED 16 TO 1] 01:05:22 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 6 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 5J. Public Works RES. 2013-266 - Resolution of the City of San Bernardino Authorizing Execution of a Cooperative Agreement with the San Bernardino County Flood Control District for Levee and Pavement Modifications at Campus Parkway and Northpark Boulevard(SS08- 001). Motion: Authorize the Director of Finance to amend the FY 2013/14 Budget to transfer $200,000 from Account No. 248-160-5504-7768-0025, "SD05- 003 Meridian Ave & Poplar St - CSDP Project 3-5, Line F (design only)" to a new Account No. 248-160-5504-7874-0025, "SS08-001 Campus Parkway Fencing and PCC Pavement Installation"; and Adopt the Resolution. _. _.�.. _ ___ _...... RESULT. ADOPTED 16 TO 11 01.05:2 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 5K. Public Works RES. 2013-267 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Budget Appropriation in the Amount of $151,573.20 to Account No. 001-400-0037-5704, "Miscellaneous Equipment," for the Purchase of an Air-Conditioner Unit for the Police Department Building Located at 710 North "D" Street. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:05:22 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 5L. Public Works RES. 2013-268 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Process a Budget Amendment in the Amount of $75,000.00 from Account No. 635-400-0100-5111, Materials and Supplies, and $30,000 from Account No. 635-400-0100-5173, Outside Vehicle Maintenance, and ,o Transferring Said Amounts ($105,000) to Account No. 635-400-0100-5113, Motor Fuel and Lubricants. i Mayor and Common Council of the City of San Bernardino Page 7 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:05:22 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack I NAYS: John Valdivia __ _.. ............................ _...�._.........................._. ._ ___ _..............__ __............. 5M. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a License Agreement Between the City of San Bernardino, San Bernardino Associated Governments (SANBAG), and Omnitrans for the Construction and Maintenance of Public Improvements Installed in the Railroad Right of Way Related to the SbX Bus Project. Council Member McCammack stated she would abstain on this item because Omnitrans is a business client. Motion: Continue to November 4, 2013 RESULT: CONTINUED [5 TO 11 Next: 11/4/2013 2:00 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 01:05:22 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson NAYS: John Valdivia ABSTAIN: Wendy J. McCammack 5N. Treasurer's Office RES. 2013-269 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Investment of City of San Bernardino Monies in Local Agency Investment Fund. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 1] 01:05:22 f MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 10 I i i i Mayor and Common Council of the City of San Bernardino Page 8 Printed 911712013 F Joint Regular Meeting Minutes September 16, 2013 6. Public Comments on Items Not on the Agenda The following individuals spoke about eviction notices they had received from the management at the Meadowbrook Towers apartments. It appeared that the notices to vacate had been selectively given to tenants of the studio and one-bedroom apartments. All of the speakers were on very limited budgets and many suffered from a variety of disabilities. They appealed to the Mayor and Council for help, or at the very least to take a stand in their behalf. Cynthia Bushaw, Dwight Martin, Aurora Olveda (spoke for a friend who lives at the Towers but could not be present), Carol Walker, Lonnie Tuff, Odessa Curry Lindsey, Don Levin, Stephanie Walker, Efrain Mandujaro, Cynthia Epps, Cynthia Samuel, Deshawndray Miles, M. Sams, Augustine Johnson, Bill Sandefur, Asia Hayes, David Young, Eddie Jones Jr. on behalf of Gloria Alexander, and Victoria Mascareno. Pastor Henry Wilson, True Vine Christian Center, and Eddie Jones Jr., president of the Los Angeles Civil Rights Association, spoke on behalf of the tenants, stating that what was happening to these people was wrong and the City needed to make its voice heard. Mayor Morris noted that Meadowbrook Towers is privately owned and there is not a lot the City can do in this matter. He directed some of the speakers to the local Legal Aid Society. Council Member Marquez announced that on Tuesday, September 17, there would be a workshop from 2-4 p.m. in the Towers lobby; and there would be individuals present who may be able to help the tenants with their problems. She stated she would be talking to Mr. James Carmichael from Affordable Housing Management based in Memphis, Tennessee. She pointed out that this is a private matter between Meadowbrook Park Towers and the gentleman who took over a couple of weeks ago. Tim Prince, spoke about the comments made by City Attorney Penman earlier in the meeting regarding the Flesh Club. He said the city attorney's job is not to comment on all policy items or to be a ringleader for council members. He announced his candidacy for city attorney. Matt Owen, San Bernardino, stated that San Bernardino should follow Rialto's example in accountability—that they now have cameras on their police uniforms. He encouraged people to continue to make demands on their government, no matter who prevails in the November election. Betty Jean Long spoke about how she hates liars in government. She encouraged the citizens to stand up for their rights and get rid of dishonest politicians. Ashley Jones of Assemblywoman Cheryl Brown's office, gave announcements regarding upcoming events sponsored by the assemblywoman's office. Mayor and Common Council of the City of San Bernardino Page 9 Printed 911712013 Joint Regular Meeting Minutes September 16, 2013 Barbara Babcock, San Bernardino, said that the meeting was citizenship and democracy at its finest, referring to the Meadowbrook residents visiting the Council. She said her life was changed after meeting the mother of a boy shot in San Bernardino; and expressed support for the upcoming recall election, stating that it is time for a change in this city. Paul Sanborn, San Bernardino, spoke about the economy and how it affected the city. He stated that this Council was not responsible for the bankruptcy, and asked people to vote"no"on the recall because it is the wrong tool to fix San Bernardino at this time. 7. Adjournment At 6:27 .m. the meeting was adjourned in memo of Norman Walters and Ruben Lopez p g J memory P to 6:00 p.m., Monday, September 23, 2013, in the Council Chamber to discuss the Plan of Adjustment relative to the bankruptcy. 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 2:00 p.m., Monday, October 7, 2013, in the Council Chamber of City Hall, 300 North"D" Street, San Bernardino, California. GEORGEANN"GIGI"HANNA City Clerk By: 64.a, Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 10 Printed 911712013