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HomeMy WebLinkAbout05.B- City Clerk DOC ID: 2630 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Report/Information From: Georgeann "Gigi" Hanna M/CC Meeting Date: 10/07/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes --July 1, 2013; and July 15, 2013 (#2630) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the minutes of the Mayor and Common Council meetings of July 1, 2013; and July 15, 2013, as submitted. Synopsis of Previous Council Action: None. Background: None. Supporting Documents: 07-01-2013 Jt. Adj. Reg. (Draft)_LS_LH_gh(PDF) 07-15-2013 Jt. Reg. (Draft)_LH_LS_gh (PDF) Updated:9/24/2013 by Georgeann"Gigi"Hanna Packet Pg. 12 ,\ J LY 11 2013 MINUTES JTE ADJE REGULAR if \C DRAFT City of San Bernardino Mayor Patrick J Morris y 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia ' Fred Shorett '�'�►ED tt� Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O N DRAFT MINUTES JOINT ADJOURNED REGULAR/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 to r1 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING CM AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY =I J AND Cn JI MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING $ AS THE HOUSING AUTHORITY 0 MONDAY, JULY 19 2013 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San a Bernardino was called to order by Mayor Patrick J. Morris at 11:25 a.m., Monday, July 1, 20139 M in the Council Chamber, 300 North "D" Street, San Bernardino, California. (Note: Due to lack N of a quorum the meeting was adjourned to 2:00 p.m. for the regularly scheduled Joint O Regular Meeting.) c Roll Call Q Attendee Name Title Status Arrived E Virginia Marquez Council Member,Ward 1 Present 11:00 a.m. _. F ... _ ..«...««.««...... i+ Robert D. Jenkins Council Member, Ward 2 Present 11:00 a.m. a John Valdivia Council Member,Ward 3 Present 3:35 p.m. Fred Shorett Council Member,Ward 4 Present 2:00 p.m. Chas A. Kelley Council Member,Ward 5 Present 11:00 a.m. Rikke Van Johnson Council Member,Ward 6 Present 2:00 w. ,t Wendy J. McCammack Council Member,Ward 7 Present 11:00 a.m. Patrick i_,_ . Morris Mayor Present 11:00 a.m. James F. Penman City Attorney Present 11:00 a.m. Georgeann "Gigi" Hanna City Clerk Present 11:00 a.m. Allen J. Parker City Manager Absent Mayor and Common Council of the City of San Bernardino Page] *- 5.B.a Jt. Adj. Regular/A. Regular Meeting Minutes July 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, Katrina Diane Menell v. Carousel Mall, LLC, a California Limited Liability Company, et al. -San Bernardino Superior Court, Case No. CIVDS 1306556 M B. Conference with legal counsel - anticipated litigation - significant exposure to 0 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 - r pursuant to subdivision(c) of Government Code Section 54956.9. c D. Closed Session-personnel -pursuant to Government Code Section 54957. M E. Closed session with Chief of Police on matters posing a threat to the security of N' public buildings or threat to the public's right of access to public services or a public facilities -pursuant to Government Code Section 54957. i N F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. L G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed a in closed session: M r Legal issues with Agenda Item Nos. 6A and 6B. N 0 ti Reading of Resolutions and Ordinances °. Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. E M r Moment of Silence a Mayor Morris requested a moment of silence in memory of the 19 firefighters who died while fighting the Yarnell Hill wildfire near Prescott, Arizona. Invocation/Pledge of Allegiance The invocation was given by Percy Harper from St. Mark Missionary Baptist Church. The Pledge of Allegiance was led by Council Member Kelley. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 14 Jt. Adj. RegularlJt. Regular Meeting Minutes July 1, 2013 2. Appointments 2A. Mayor's Office Appointment of Kyle Knabe to the Parks and Recreation Commission - Mayor Patrick J. Morris Motion: Approve the appointment of Kyle Knabe to the Parks and Recreation Commission as requested by Mayor Patrick J. Morris RESULT: ADOPTED [UNANIMOUS] 00:07:47*1 MOVER: Fred Shorett, Council Member, Ward 4 M SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack ;, 2B. Mayor's Office N Appointment of Robert Hampton to the Board of Police Commissioners - Council Member Rikke Van Johnson g Motion: Approve the appointment of Robert Hampton to the Board of Police Commissioners as requested by Council Member Rikke Van Johnson. RESULT: ADOPTED [UNANIMOUS] 00:07:47 MOVER: Fred Shorett, Council Member, Ward 4 Cn� SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 3. Presentations 3A. Healthy San Bernardino Coalition - PowerPoint Presentation by Co-Leader Cynthia Q Luna M r O 4. Announcements -- Elected Officials & Chamber of Commerce o ti 5. Consent Calendar 5A. City Clerk E Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular a agenda dated July 1, 2013. RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 'Approximate time that the motion/second was made,according to meeting video posted on City Web site Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.15 S.B.a A. Adj. Regular/A. Regular Meeting Minutes July 1, 2013 5B. City Clerk Council Minutes -May 1, 2013; May 6, 2013; and May 20, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of May 1, 2013, May 6,2013 and May 20, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack r O 5C. Civil Service Personnel Actions - Classified Motion: To vote on personnel actions separately by department. _........ ..._... - ---- . - .. c RESULT: ADOPTED [UNANIMOUS] 01:12:47 MOVER: Fred Shorett, Council Member, Ward 4 0 SECONDER: Rikke Van Johnson, Council Member, Ward 6 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack x J Motion: Approve the classified personnel actions in the Fire Department, 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. o RESULT: ADOPTED 16 TO 11 01:35:25 MOVER: Robert D. Jenkins, Council Member, Ward 2 Q SECONDER: John Valdivia, Council Member, Ward 3 r AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett N ti Motion: Approve the classified personnel actions in the Police Department, as °. Y submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the E City of San Bernardino. w RESULT: ADOPTED [UNANIMOUS] 01:38:23 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Motion: Approve the classified personnel actions in the Parks, Recreation & Community Services Department, 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 4 Packet Pg. 16 Jt. Adj. Regular/Jt. Regular Meeting Minutes July 1, 2013 ' RESULT: ADOPTED 15 TO 21 l MOVER: Robert D. Jenkins, Council Member,Ward 2 01:38:39 SECONDER: Virginia Marquez, Council Member, Ward 1 01:39:08 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 5D. Human Resources Job Description Revisions: HAZMAT Technician, Integrated Waste Operator(Flex)/ Senior Integrated Waste Operator, Code Enforcement Division Manager (U), Senior o Code Enforcement Officer, Property Evidence and Supply Supervisor N 3 Motion: Approve job descriptions as proposed. d RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 is AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack N a� 5E. Human Resources =� Personnel Actions -Unclassified Ni JI City Attorney Penman requested that Item No. 2, Thomas Adams,be removed. L Motion: Approve the unclassified personnel actions, as submitted by Human o Resources, in accordance with City policies and procedures, with the a removal of Item No. 2—Thomas Adams, City Attorney's Office. RESULT: ADOPTED [UNANIMOUS] 01:40:01 MOVER: Rikke Van Johnson, Council Member, Ward 6 0 SECONDER: Wendy J. McCammack, Council Member, Ward 7 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 0 c 5F. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City of San Bernardino Fire Management Association's Unit Modification Petition to w Expand Its Representation to Include the Position of Deputy Fire Chief(P-6). Q Motion: Refer to the Personnel Committee for further study. RESULT: FAILED [3 TO 41 02:04:11 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Robert D. Jenkins,John Valdivia, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson Mayor and Common Council of the City ofSan Bernardino Page 5 Packet Pg. 17 5.B.a Jt. Adj. Regular/Jt. Regular Meeting Minutes July 1, 2013 Council Member McCammack made a motion, seconded by Council Member Valdivia, to come back in two weeks and have the current people in these positions sign the petition and write a letter of explanation. No vote was taken. Motion: To adopt the Resolution. RESULT: FAILED [3 TO 31 02:04:52 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson M NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley N ABSTAIN: Wendy J. McCammack Motion: Refer to the Personnel Committee. RESULT: ADOPTED 16 TO 11 03:52:03 MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Kelley, Johnson,McCammack a, NAYS: Fred Shorett J Cn J I SG. Human Resources � Resolution of the Mayor and Common Council of the City of San Bernardino Accepting o the City of San Bernardino Police Management Association's Unit Modification Petition to Expand Its Representation to Include the Position of Assistant Police Chief(P-6). Motion: Refer to the Personnel Committee for further study. G RESULT: FAILED [3 TO 41 02:04:11 0 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Robert D. Jenkins, John Valdivia, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson Council Member McCammack made a motion, seconded by Council Member Valdivia, Q to come back in two weeks and have the current people in these positions sign the petition and write a letter of explanation. No vote was taken. Motion: To adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 18 5.B.a Jt. Adj. Regular/Jt. Regular Meeting Minutes July 1, 2013 RESULT: FAILED [3 TO 31 02:04:52 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley ABSTAIN: Wendy J. McCammack Motion: Refer to the Personnel Committee. M r O RESULT: ADOPTED [6 TO 11 03:52:03 �, MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 N AYES: Marquez, Jenkins, Valdivia,Kelley,Johnson, McCammack NAYS: Fred Shorett M CO 5H. Information Technology RES. 2013-191 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with and the Issuance of a =� Purchase Order to Environmental Systems Research Institute (ESRI) for a Three Year -i ArcGIS Enterprise License Agreement. Cni w Motion: Adopt the Resolution. o CD RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 a AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M __._...._. _.. ............ ... ------ .. .......__._.. .-_.......---- _ ......................_...---- e- O N 5I. Police RES. 2013-192 — Resolution of the Mayor and Common Council of the City of San O Bernardino Amending Resolution #2013-3 Increasing the Total Grant Budget for the 2013-2014 Selective Traffic Enforcement Program (STEP) Grant from the State of E California Office of Traffic Safety(OTS) to the Amount of$256,942. Q Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 7 ,- 5Ba Jt. Adj. Regular/A. Regular Meeting Minutes July 1, 2013 5J. Police RES. 2013-193 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to San Manuel Policing District Services Agreement Between the City of San Bernardino and the San Manuel Band of Mission Indians. Council Member McCammack stated that she would abstain because the San Manuel Band of Mission Indians is a business client. Motion: Adopt the Resolution. M O RESULT: ADOPTED 16 TO 01 01:08:11 N MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 0 5K. Public Works N RES. 2013-194 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Contract and Extension to Contract Purchase Order No. 2013-00000106 for Four Months in the Amount of$15,000 = J to HREM, Inc., Pursuant to Section 3.04.010 B-3 of the Municipal Code for the Fabrication and Repair of Refuse Truck Bodies, Floors and Street Sweepers in FY Ji 2013/14. 2- 0 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 a MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 M AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N 0 5L. Public Works ° RES. 2013-195 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Star Auto Parts Vendor = Service Agreement, Extending the Agreement by Four Months to October 31, 2013, and M Increasing Purchase Order No. 2013-00000101 by $27,500 for the Purchase of Q Automotive Parts and Supplies in FY 2013/14, Pursuant to Section 3.04.010 B-3 of the Municipal Code. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg.20 A Adj. Regular/A. Regular Meeting Minutes July 1, 2013 5M. Public Works RES. 2013-196 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amendment to the Vendor Service Agreement with Fleet Pride Extending the Agreement by Four Months to October 31, 2013, and Increasing Purchase Order No. 2013-00000105 by $30,000 for the Purchase of Various Related Parts and Supplies in FY 2013/14, Pursuant to Section 3.04.010 B-3 of the Municipal Code. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 0 MOVER: Rikke Van Johnson, Council Member, Ward 6 >, SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N d c 5N. Successor Agency RES. 2013-197 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of N 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 =i at 1473 Lynwood Way, San Bernardino, California. N Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack a M r O 50. Successor Agency RES. 2013-198 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of O the City of San Bernardino Approving the Subordination of a Deed of Trust in I Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located E i at 2652 West Via San Carlos, San Bernardino, California. r Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 01:08:11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 9J= S.B.a Jt. Adj. Regular/A. Regular Meeting Minutes July 1, 2013 5P. Successor Agency RES. 2013-199 — 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 2764 G Street, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:11 M MOVER: Rikke Van Johnson, Council Member, Ward 6 0 N SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack y 7 6. Continued Items (Originally scheduled to be heard at 11 a.m.) 6A. City Attorney ORD. MC-1390 — Urgency Ordinance of the City of San Bernardino Amending San N Bernardino Municipal Code Section 8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (URGENCY) =I J I Mayor Morris advised that there would be no increase in fees for those non-profits that Cn are seeking to sell fireworks in the City during the next three days. The regulatory fee would remain at ten percent. 0 A revised urgency ordinance was distributed to the Mayor and Council. Public Comments: a Bruce Morr, San Bernardino Scott Olson, San Bernardino c Draymond Crawford, San Bernardino N T_ O Motion: Adopt the Urgency Ordinance, as amended. o RESULT: ADOPTED [6 TO 11 02:20:53 E MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 a AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson 6B. City Attorney Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.60.095 Regarding Regulatory Fees for the Sale of Fireworks. (FIRST READING) Agenda Item Nos. 6B and 6C were discussed and voted on simultaneously. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg.22 Jt. Adj. RegularlJt. Regular Meeting Minutes July 1, 2013 Council Member McCammack made a motion, seconded by Council Member Kelley, to refer Agenda Item Nos. 613 and 6C to the Legislative Review Committee so that a decision could be made by August of this year because that would be when the City Clerk would be collecting the fee and that would give everybody enough time and enough of a heads up so they wouldn't have to be worrying about this next July. Motion: Refer to the Legislative Review Committee for further discussion for next year. RESULT: ADOPTED [5 TO 11 02:43:50 M MOVER: Wendy J. McCammack, Council Member,Ward 7 N SECONDER: Chas A. Kelley, Council Member,Ward 5 ? AYES: Marquez, Jenkins, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson ABSENT: John Valdivia = 0 6C. City Manager N RES. 2013-200 — Resolution of the Mayor and Common Council of the City of San Bernardino Setting the 2013 Regulatory Fee for the Sale of Fireworks. (Continued from a June 17, 2013) J co i Council Member McCammack made a motion, seconded by Council Member Kelley, to refer Agenda Item Nos. 6B and 6C to the Legislative Review Committee so that a decision could be made by August of this year because that would be when the City Clerk o would be collecting the fee and that would give everybody enough time and enough of a heads up so they wouldn't have to be worrying about this next July. City Attorney Penman advised the Council that the resolution would have to be adopted a tonight in order to put the fee into place. M r O Amended N Motion: Adopt the Resolution; and refer to the Legislative Review Committee for o further discussion for next year. o c d RESULT: ADOPTED [5 TO 11 MOVER: Wendy J. McCammack, Council Member,Ward 7 02:46:09 a SECONDER: Chas A. Kelley, Council Member, Ward 5 02:49:05 AYES: Marquez, Jenkins, Shorett, Kelley, McCammack NAYS: Rikke Van Johnson ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page Il Packet Pg.23 i Jt. Adj. Regular/Jt. Regular Meeting Minutes July 1, 2013 7. Continued Items 7A. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of San Bernardino Authorizing the Execution of a Third Amendment to Consultant Services Agreement Between the City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino, and Rogers Anderson Malody and Scott, L.L.P. for Economic Development Agency/Successor Agency Audit Services. (Continued from June 3, 2013.) M r No action was taken on this item. a 8. Staff Reports 8A. City Manager c RES. 2013-201 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a First Amendment to the Master c Services Memorandum of Understanding with the Water Department for Provision of N City Services For Fiscal Year 2013/2014. a� Motion: Adopt the Resolution. .......... -_ __.._............ RESULT: ADOPTED [UNANIMOUS] 02:14:42N'i MOVER: Wendy J. McCammack, Council Member, Ward 7 R SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack a 8B. Police Formal Update on Code Enforcement Transition by Chief of Police Robert Handy and M Lieutenant Paul Williams N It was the consensus of the Council to receive and file the report. 0 c 9. Mayor and Common Council Acting as the Successor Agency to the E Redevelopment Agency a 9A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving $100,000 in Community Development Block Grant Funds (CDBG) for the Single Family Beautification Loan/Grant Program Implementation Agreement with Inland Housing Development Corporation, Inc. (IHDC) and Authorizing the City Manager to Execute the Agreement. Public Comments: Juan Figueroa, San Bernardino Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.24 i Jt. Adj. Regular/Jt. Regular Meeting Minutes July 1, 2013 Motion: Continue to July 15, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 03:48:44 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9B. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving M and Authorizing the City Manager to Execute the Citywide Elderly/Special Needs Minor o Repair Grant Program Implementation Agreement By and Between the City of San C, Bernardino and Oldtimers Foundation, Inc., in the Amount of $50,000 in Community Development Block Grant Funds. N d Motion: Continue to July 15, 2013. c . .... RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM c MOVER: Wendy J. McCammack, Council Member, Ward 7 03:48:44 N SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack =� co 9C. City Manager Ji Resolution of the Mayor and Common Council of the City of San Bernardino Approving $880,000 in Home Funds for the Homebuyer Assistance ($800,000) and Homebuyer o Education Services Program ($80,000); and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the Homebuyer Education a Services Program. M Motion: Continue to July 15, 2013. N RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 03:48:44 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack a 9D. City Manager f Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Inland Housing Development Corporation, Inc., for the Implementation of the Single Family Housing Rehabilitation Program for the Area West of the 215 Freeway in the Amount of $700,000 in Home Investment Partnership Act Funds. Motion: Continue to July 15, 2013. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.25 j 3.B.a A Adj. Regular/A. Regular Meeting Minutes July 1, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 03:48:44 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack i 9E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of M San Bernardino and Neighborhood Housing Services of the Inland Empire for the o Implementation of the Mobile Home Grant Repair Program in the Amount of$80,000 in ?, Home Partnership Act Funds. Motion: Continue to July 15, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 03:48:44 M I SECONDER: John Valdivia, Council Member,Ward 3 N AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack x J I 9F. City Manager � Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire, Inc., to Implement the Single Family Housing Rehabilitation Program for the Area East of the 215 Freeway in the Amount of$700,000 in Home Investment Partnership Act Funds. a Motion: Continue to July 15, 2013. r RESULT: CONTINUED [UNANIMOUS] Next: 7/15/2013 2:00 PM N MOVER: Wendy J. McCammack, Council Member, Ward 7 03:48:44 0 SECONDER: John Valdivia, Council Member, Ward 3 c AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack _ E 9G. Mayor's Office a Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset Transfer Review Report Dated March 6, 2013. (Continued from May 6, 2013) The Mayor and Council Members Kelley, Shorett and Johnson abstained on this item because they are currently a member or have been a member of the SBEDC Board. They left the Council Chamber. Motion: Continue to August 5, 2013. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.26 A Adj. Regular/A. Regular Meeting Minutes July 1, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 8/5/2013 2:00 PM MOVER: Robert D. Jenkins, Council Member, Ward 2 03:56:25 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Wendy J. McCammack ABSTAIN: Fred Shorett, Chas A. Kelley, Rikke Van Johnson 10. Added Staff Report M 10A. City Manager N RES. 2013-202 — Resolution of the Mayor and Common Council of the City of San >, Bernardino Authorizing the Mayor to Appoint an Ad Hoc Audit Committee Made Up of Elected Officials. y as Motion: Adopt the Resolution. c RESULT: ADOPTED [UNANIMOUS] 03:51:10 MOVER: Chas A. Kelley, Council Member, Ward 5 N SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack �I co 11. Public Comments on Items Not on the Agenda L Dathan Jones, Corona, stated that a play he wrote, called"Tribute to My Sisters," which promotes breast cancer awareness and early detection, would be shown on September 7, ot 2013, at San Gorgonio High School. a Beverly Powell, Southern California Edison, provided tips on energy conservation and asked residents to report outages by calling (800) 611-1911. 0 N Jim Mulvihill, San Bernardino, stated that he'd like an open balanced discussion of the c i bankruptcy; mentioned going to Council Member Johnson's town hall meeting in June, c but that he was upset that a member from the City Attorney's Office intervened. He stated that limiting citizen access to information is never a good idea. d E Scott Olson, San Bernardino, stated that he was recently involved in a teamsters strike. He stated that in the end they got what they wanted because they stuck together, they a worked together, and they stayed strong. He stated that if the City of San Bernardino is going to overcome its issues, it needs to stand together and work together; unfortunately, there are others who have different ideas for what they want to do with this City. He encouraged the Council to stop beating each other up over what they keep calling the failures of the City. Mayor and Common Council of the City of San Bernardino Page 15 Packet Pg. 27 Jt. Adj. RegularlJt. Regular Meeting Minutes July 1, 2013 Juan Figueroa, San Bernardino, stated that he had recently gone to a Coffee-with-a-Cop event, which is a great opportunity for residents; and stated that he is fed up with people going through his trash bins and dumping them over and waking people up in the early morning hours. He asked the Council to stop making decisions that support and/or encourage this behavior to continue. Dawn Lee, representing Neighborhood Housing Services of the Inland Empire, stated that they have been selected to administer a down payment assistance program within the City of San Bernardino in the amount of $15,000 for hundreds of families at income levels up to 120% of area median income. She stated that this is a grant that will diminish over the years, so if the person stays in the house for 5 years, they don't have to repay it. N James Penman, San Bernardino, stated that the recall movement began with the falsehood that the proponents of the recall were recalling all City elected officials except N the City Treasurer and the City Clerk, but when they began to circulate petitions, they only circulated them against three Council Members and the City Attorney. He asked why the proponents are only recalling the two Council members who voted "no" on the actions that led to the bankruptcy, and Mr. Valdivia, who wasn't on the Council at that to time. a� i 12. Adjournment -J At 7:53 p.m. the meeting was adjourned in memory of the 19 firefighters who died while C' fighting the Yarnell Hill wildfire near Prescott, Arizona. The next joint regular meeting i 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, July 15, 2013. GEORGEANN"GIGI"HANNA a w City Clerk M 0 N T � B y o ti Linda Sutherland ° Deputy City Clerk E ca a Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg.28 JULY 15 , 2013 MINUTES JTm REGULAR TING c,r ( DRAFT) �` Mayor Patrick J Morris City of San Bernardino y 300 North "D" Street Council Members San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins s http://www.sbcity.org John Valdivia Fred Shorett } U �rIDD t t i Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M r O DRAFT MINUTES 1, JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO a w c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o M O N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING = AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY co AND =i MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING Ji AS THE HOUSING AUTHORITY L 0 MONDAY,JULY 15, 2013 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 2:50 p.m., Monday, July 15, 2013, in the N LO Council Chamber, 300 North "D" Street, San Bernardino, California. 0 Roll Call Attendee Name Title Status Arrived E Virginia Marquez Council Member,Ward 1 Present 2:50 p.m. Robert D. Jenkins Council Member,Ward 2 Present 2:50 p.m. Q John Valdivia Council Member, Ward 3 Present 3:15 p.m. Fred Shorett Council Member,Ward 4 ' Present 2:50 p.m. Chas A Kelley Council Member,Ward 5 Present 2:50 p.m. Rikke Van Johnson Council Member,Ward 6 Present 2:50 p.m. Wendy J®McCammack Council Member,Ward 7 Present 2:50 p.m. Patrick J. Morris Mayor Present 2:50 m. James F Penman City Attorney Present 2:50 .m. Georgeann "Gigi" Hanna City Clerk Present 2:50 p.m. Allen J. Parker City Manager Present 2:50 .m. Mayor and Common Council of the City of San Bernardino Page 1 4,42 a 5.B.b Joint Regular Meeting Minutes July 15, 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, People (DOT) v. Randolph Ngo - San Bernardino Superior Court, Case No. CIVDS 1210271. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code c 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. 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 N- public facilities -pursuant to Government Code Section 54957. a, co i F. Conference with labor negotiator - pursuant to Government Code Section Ji 54957.6. i G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. as City Attorney Penman announced that the following additional matter would be discussed in Closed Session under Agenda Item No. 113, Significant Exposure to M Litigation: Agenda Item No. 8E. c N LO r Reading of Resolutions and Ordinances c Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. E Moment of Silence Mayor Morris requested a moment of silence in memory of Roberta Shouse. a Invocation and Pledge of Allegiance The invocation was given by Dr. Andrea King, pastor of the 16`' Street Seventh-day Adventist Church. The Pledge of Allegiance was led by Council Member Jenkins. 2. Appointments 2A. Mayor's Office Appointment of Mia N. Zamora-Johnson to the Board of Library Trustees - Mayor Patrick J. Morris Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.30 Joint Regular Meeting Minutes July 15, 2013 Since Ms. Zamora-Johnson could not be present, no action was taken on this matter and it will be considered at a later meeting. 2B. Mayor's Office Appointment of Kent Paxton to the Planning Commission - Council Member Fred Shorett Motion: Approve the appointment of Kent Paxton to the Planning Commission as requested by Council Member Fred Shorett. RESULT: ADOPTED [UNANIMOUS] 00:08:25*1 M MOVER: Fred Shorett, Council Member, Ward 4 N SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack at 3. Presentations 0 Cl) 3A. Citizen of the Month --Deborah Matley-- Council Member Jenkins N 3B. Resolution of Commendation -- Jim Gerstenslager, Western Region Director for Little League Baseball& Softball-- Council Member Kelley _i x J 3C. Certificate of Commendation -- Daniel Rivera -- Blake Little League -- Council Member Johnson o a� 3D. Certificate of Commendation -- Isaac Cabrera -- PG&E Bright Minds Scholarship - -Council Member McCammack M O 3E. Statement by Assemblywoman Cheryl Brown LO Assemblywoman Brown discussed her efforts at the state level for San Bernardino and the 47th Assembly District, including enterprise zones. c c a� 4. Announcements -- Elected Officials and Chamber of Commerce Following announcements, Mayor Morris introduced Dr. James Makinde, President and Vice Chancellor of Babcock University in Nigeria. The Mayor noted that the university a was founded by David C. Babcock, who in 1914 was a great American missionary to West Africa and is the grandfather of San Bernardino resident Barbara Babcock. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances t Approximate time that the motion/second was made,according to meeting DVD on file in the City Clerk's Office. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.31 S.B.b Joint Regular Meeting Minutes July 15, 2013 Motion: Waive full reading of resolutions and ordinances on the agenda dated July 15, 2013. RESULT: ADOPTED [UNANIMOUS] 02:15:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. Civil Service Personnel Actions - Classified 0 N This item was originally approved with the other Consent Calendar items. Subsequently, it was noted that a change had been requested by staff and the item needed to be reconsidered. N d w Motion: To reconsider Agenda Item No. 513. c RESULT: ADOPTED [UNANIMOUS] 02:17:17 M MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack x J Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies o adopted by the Mayor and Common Council of the City of San Bernardino, excluding#24, Jesus Valdez. RESULT: ADOPTED [UNANIMOUS] 02:19:44 MOVER: Wendy J. McCammack, Council Member, Ward 7 N SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack o w c a� E 5C. Human Resources w Personnel Actions—Unclassified a Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 02:15:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 4 Joint Regular Meeting Minutes July 15, 2013 f 5D. Parks,Recreation & Community Services RES. 2013-203 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the City Manager's Execution of a Contract with the County of San Bernardino Department of Aging and Adult Services (DAAS), Accepting the Proposal Grant Amount of$210,122 for the Period of July 1, 2013 through June 30, 2014 for the Senior Nutrition Program as Part of a 3-Year Grant Allocation Contract with DAAS, and Authorizing the Finance Director to Issue Annual Purchase Orders in an Amount Not to Exceed $85,000 in the Aggregate to Sysco Foods, Merit Day, and FS Dairy Distributor through FY 2013-14. M Motion: Adopt the Resolution. N RESULT: ADOPTED [UNANIMOUS] 02:15:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 y SECONDER: John Valdivia, Council Member, Ward 3 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack _ — — o M tD N 5E. Police RES. 2013-204 - Resolution of the Mayor and Common Council of the City of San °j Bernardino Authorizing the City Manager to Execute an Animal Housing Agreement by �i and Between the City of San Bernardino and the City of Loma Linda for the Period of J August 1, 2013 through July 31, 2014. �o L Motion: Adopt the Resolution. -__......— m RESULT: ADOPTED [UNANIMOUS] 02:15:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 M SECONDER: John Valdivia, Council Member, Ward 3 N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ....._ ti 0 c m 5F. Public Works E RES. 2013-205 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 3985 Entitled, in Part, "A Resolution...Prohibiting Q Parking Upon Certain Designated Streets, Alleys, or Portions Thereof..." to Establish a No Parking Except by Permit at Any Time Zone on Wabash Street Between 35 Feet West of Parkside Drive and Pepper Tree Lane, Applicable to the South Side Only and on Wabash Street between Parkside Drive and Pepper Tree Lane, except for the Section between 135 Feet West of Pepper Tree Lane and 400 Feet West of Pepper Tree Lane, Applicable to the North Side Only. Public Comments: Jose Herrera, San Bernardino Don Stubbs, San Bernardino Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg.33 Joint Regular Meeting Minutes July 15, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:20:59 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 5G. Public Works RES. 2013-206 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing Execution of a License Agreement with Equilon Enterprises LLC dba Shell Oil Products US for an Encroachment Within Business Center N Drive, North of Hospitality Lane Within the City, for the Installation of Three >. Groundwater Monitoring Wells. N Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:15:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack rn __ -- co J 2 J 5H. Public Works RES. 2013-207 - Resolution of the Mayor and Common Council of the City of San 2- Bernardino Authorizing the Execution of a Lease Agreement Between the City of San Bernardino and Casa Ramona, Inc., for City-Owned Property Located at 1633 West Fifth Street in San Bernardino. M Motion: Adopt the Resolution. c N LO RESULT: ADOPTED [UNANIMOUS] 02:26:30 ti MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q 5I. Public Works RES. 2013-208 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Sean Malek Engineering and Construction for Old Waterman Canyon Road Bridge Repairs (SS07-014), Per Plan No. 11304. Motion: Adopt the Resolution. Mayor and Common Council of the City ofSan Bernardino Page 6 -� Packet P9."34 S.B.b Joint Regular Meeting Minutes July 15, 2013 RESULT: ADOPTED [UNANIMOUS] 02:15:58 ti.—► MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5J. Successor Agency RES. 2013-209 - 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 3249 Greystone Road, San Bernardino, California. N 3 This item was originally approved with the other Consent Calendar items. Subsequently, it was noted that a speaker slip had been submitted and the item needed to be reconsidered. c Motion: To reconsider Agenda Item 5J. c M RESULT: ADOPTED [UNANIMOUS] 02:19:05 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 Cni AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack J The speaker had presented his comments earlier and no longer desired to speak. o Motion: Adopt the Resolution r M � RESULT: ADOPTED [UNANIMOUS] 02:27:14 MOVER: Chas A. Kelley, Council Member, Ward 5 LO SECONDER: John Valdivia, Council Member,Ward 3 r ti AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack °. c d E t 6. Public Hearings .2 a 6A. City Clerk RES. 2013-210 - Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. Mayor Morris opened the hearing. Council Member McCammack stated that she had been informed that Business #238 had never received any notification regarding this matter. She suggested that maybe there Mayor and Common Council of the City of San Bernardino Page 7 Packet Pgn 35 Joint Regular Meeting Minutes July 15, 2013 was an invalid address and requested that the City Clerk's staff check into the matter before placing the lien. At the request of Council Member Valdivia, Business Registration Supervisor Telicia Lopez advised that Business#184 had paid their account in full on July 11, 2013. No public comments were received. Motion: Close the hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and adopt the Resolution. r RESULT: ADOPTED [6 TO 01 01:12:20 N MOVER: John Valdivia, Council Member, Ward 3 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson Y ABSTAIN: Wendy J. McCammack c 0 M �O 6B. Community Development Ordinance of the City of San Bernardino Adopting Development Code Amendment a, (Zoning Map Amendment) No. 13-02, a Request to Change the Zoning Designation of co the Property Located at 1333 S. Tippecanoe Avenue from Office Industrial Park (OIP) to =i Industrial Light(IL). (FIRST READING) (Continued from June 17, 2013.) The hearing remained open. o 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 r Public Speakers in support: N David Ball, applicant, Aliso Viejo Colin Strange, San Bernardino, who read into the record a letter from Margo c Wheeler, former Director of Community Development Milo Lipson, Sr. Director, Cushman and Wakefield, Ontario Mr. Ball explained that this zone change would bring the property into conformance with the surrounding properties and had been approved by the Planning Commission. He a stated that they have invested $12 million into the project plus another $100,000 in consultant fees. Several Council members questioned the reason staff was recommending a continuance to September 3, 2013. City Manager Parker explained that this particular location has been designated as a light- rail stop between San Bernardino and Redlands; and that fact was not known by the Planning Commission when they approved the project. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg.36 5.B.b Joint Regular Meeting Minutes July 15, 2013 Mr. Ball was asked if he was told at any time that this location was going to be a train stop; and he replied that he had no idea. Council Member Johnson stated he would like to see the light-rail plans prior to any future decisions the Council may have to make. Motion: Close the hearing; and lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 8/5/2013 2:00 PM MOVER: Robert D. Jenkins, Council Member, Ward 2 01:13:39 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack c .._.... ........ _ N A 7 6C. City Manager RES. 2013-211 - Resolution of the Mayor and Common Council of the City of San 2 Bernardino Authorizing the Submittal of the 2013-2014 Funding Application for =_ Community Development Block Grant, Emergency Solutions Grant, and Home Partnership Act Funds to the Department of Housing and Urban Development. (Continued from June 17, 2013) N L The hearing remained open. cnl J I Council Member McCammack stated that she would abstain because one of the recipients _jI of this money is a business client. She left the Council Chamber and returned after the V vote was taken. o No public comments were received. w Motion: Close the hearing; and adopt the Resolution. M o N RESULT: ADOPTED [6 TO 01 01:39:35 to MOVER: Fred Shorett, Council Member, Ward 4 c SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson E ABSTAIN: Wendy J. McCammack .. a 7. Continued Items 7A. City Manager RES. 2013-212 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving $100,000 in Community Development Block Grant Funds (CDBG) for the Single Family Beautification Loan/Grant Program Implementation Agreement with Inland Housing Development Corporation, Inc. (IHDC) and Authorizing the City Manager to Execute the Agreement. (Continued from July 1, 2013.) Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg.37 5.B.b' Joint Regular Meeting Minutes July 15, 2013 Council Member McCammack noted that IHDC was headquartered in Riverside and questioned whether anyone in the City or County of San Bernardino had been notified of this opportunity. Public Comments: Bruce Kulpa, Director of Inland Housing Development Corp. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:37:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N 7B. City Manager 3 RES. 2013-213 - Resolution of the Mayor and Common Council of the City of San S Bernardino Approving and Authorizing the City Manager to Execute the Citywide Elderly/Special Needs Minor Repair Grant Program Implementation Agreement by and Between the City of San Bernardino and Oldtimers Foundation, Inc., in the Amount of N $50,000 in Community Development Block Grant Funds. (Continued from July 1, 2013.) i Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:39:23 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M r O 7C. City Manager CN RES. 2012-214 - Resolution of the Mayor and Common Council of the City of San ti Bernardino Approving $880,000 in Home Funds for the Homebuyer Assistance ° ($800,000) and Homebuyer Education Services Program ($80,000); and Authorizing the d City Manager to Execute an Agreement by and Between the City of San Bernardino and s Neighborhood Housing Services of the Inland Empire for the Implementation of the r Homebuyer Education Services Program. (Continued from July 1, 2013.) Q Council Member McCammack stated she would abstain because one of the recipients of the money is a business client. She left the Council Chamber and returned after the vote was taken. Public Comments: Dawn Lee,Neighborhood Housing Services of the Inland Empire Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 �-•-- Pa efi Pd.'-38 S.B.b Joint Regular Meeting Minutes July 15, 2013 RESULT: ADOPTED [6 TO 0] 02:41:21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 7D. City Manager RES. 2013-215 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Inland Housing Development Corporation, c Inc., for the Implementation of the Single Family Housing Rehabilitation Program for the N Area West of the 215 Freeway in the Amount of $700,000 in Home Investment Partnership Act Funds. (Continued from July 1, 2013.) ; N d Y Council Member McCammack stated she would abstain because the recipient of the money is a business client. She left the Council Chamber and returned after the vote was taken. o M t0 N Motion: Adopt the Resolution. _ RESULT: ADOPTED [6 TO 01 02:47:55 U)� MOVER: John Valdivia, Council Member, Ward 3 J SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson L 0 ABSTAIN: Wendy J. McCammack o: 7E. City Manager c RES. 2013-216 - Resolution of the Mayor and Common Council of the City of San LO Bernardino Approving and Authorizing the City Manager to Execute an Agreement by r and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Implementation of the Mobile Home Grant Repair Program in the Amount of$80,000 in Home Partnership Act Funds. (Continued from July 1, 2013.) E Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 02:48:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack I Mayor and Common Council of the City of San Bernardino Page I1 Packet Pg. 39 i 5.B.b i Joint Regular Meeting Minutes July 15, 2013 7F. City Manager RES. 2013-217 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Authorizing the City Manager to Execute an Agreement by and Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire, Inc., to Implement the Single Family Housing Rehabilitation Program for the Area East of the 215 Freeway in the Amount of $700,000 in Home Investment Partnership Act Funds. (Continued from July 1, 2013.) Council Member McCammack stated she would abstain because a recipient of the funds is a business client. She left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. N RESULT: ADOPTED [6 TO 01 02:49:49 ? MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 r AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson ABSTAIN: Wendy J. McCammack M tC N 8. Staff Reports J 8A. City Attorney =I RES. 2013-218 - Resolution of the Mayor and Common Council of the City of San Ji h rizin the City Attorney to Execute a Three-Year Contract with Bernardino Authorizing y y Thompson-West to Provide On-Line Legal Research Services (Westlaw) to the City o Attorney's Office and to Authorize the Issuance of a Purchase Order and to Authorize the a, Finance Department to Pay Outstanding Invoices for April, May and June 2013. Motion: Adopt the Resolution. 0 N RESULT: ADOPTED [UNANIMOUS] 02:51:49 r MOVER: Chas A. Kelley, Council Member, Ward 5 c SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack M a 8B. City Attorney RES. 2013-219 - Resolution of the Mayor and Common Council of the City of San Bernardino, Acting as Successor Agency to the Redevelopment Agency of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner & Pelayes, LLP and the City Acting as Successor Agency for Legal Services in the Case of Katrina Diane Menell v. Carousel Mall, LLC, et al., San Bernardino County Superior Court Case No, CIVDS 1316556. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.40 5Bb ^ Joint Regular Meeting Minutes July 15, 2013 RESULT: ADOPTED [UNANIMOUS] 02:52:28 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 8C. City Clerk City Council Voting Delegate and Alternate for League of California Cities Annual Conference, September 18-20, 2013, in Sacramento, California Motion: To Table. 0 RESULT: TABLED [UNANIMOUS] 02:54:03 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 r c AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack _ ............. ... 0 M tD 8D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Appoint an Ad Hoc Audit Committee Made Up of Elected J Officials. I x J I It was noted that at the meeting of July 1, 2013, the above resolution was adopted as �a Resolution No. 2013-202. Therefore today the Council was being as k ed to ratify the 0` Mayor's appointments to the Ad Hoc Audit Committee. a, d Motion: To ratify the appointments of Council Member McCammack, City Manager Parker, City Treasurer Kennedy, and Mayor Morris to the Ad Hoc Audit Committee, as requested by Mayor Morris. cC LO T ' 1 RESULT: ADOPTED [UNANIMOUS] 02:57:29 c MOVER: Wendy J. McCammack, Council Member, Ward 7 c d SECONDER: Fred Shorett, Council Member, Ward 4 E AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack r a 8E. Library RES. 2012-220 - Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding Any and All Previous Actions Designating the Premises Located South of Sixth Street Between "E" Street and "F" Street in the City of San Bernardino as "Pioneer Park" and Authorizing the City Manager to Take All Actions to Remove References to the Premises as "Pioneer Park," and to Take Action to Notify the Public that the Premises Shall No Longer be Known as Pioneer Park and Shall No Longer be Open to the Public for Use as a Public Park, Except the Library Building and the Parking Lots Which Shall Remain Open to the Public for Library Use. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.41 5'3.b Joint Regular Meeting Minutes July 15, 2013 Public Comments: Judi Penman, Executive Director of the Chamber of Commerce Milton Clark, President, Library Board of Trustees Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:00:55 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M r O N 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency r 9A. Successor Agency c RES. 2013-221 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of o San Bernardino Authorizing a $250,000 Purchase Order for Consulting Services from i Urban Futures Inc. with Respect to Winding-Down the Former Redevelopment Agency Y N During the Period of July through December 2013. i co Motion: Adopt the Resolution. J RESULT: ADOPTED [6 TO 11 03:16:20 R L MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack W NAYS: John Valdivia 0 N LO T 913. Successor Agency o RES. 2013-222 - Resolution of the Mayor and Common Council of the City of San c Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Issuance of a Certificate of Completion Pursuant to that Certain June 2, 2003 Disposition and Development Agreement by and Between the Q Redevelopment Agency of the City of San Bernardino and J. R. Watson & Associates Development Corp., as Amended, Related to the University Park Master-Planned Community and Certain Related Actions. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.42 5.B.b Joint Regular Meeting Minutes July 15, 2013 RESULT: ADOPTED [UNANIMOUS] 03:17:39 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack 9C. Successor Agency RES. 2013-223 - Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Recognized Obligation Payment Schedule for the Period of July through December 2013 and Approving Certain Related Actions. M r Mr. Steve Dukett, Managing Principal of Urban Futures, Inc., provided a PowerPoint N presentation titled, Overview of the Recognized Obligation Payment Schedule (ROPS) 3 (July Through December 2013)Agenda Item No. 9C. a� Council Member McCammack stated she would abstain until she had more information about the history of the properties on the schedule. 0 Motion: Adopt the Resolution. N RESULT: ADOPTED [4 TO 21 03:41:26 0 Cn MOVER: Fred Shorett, Council Member, Ward 4 -i SECONDER: Rikke Van Johnson, Council Member, Ward 6 = J AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Rikke Van Johnson NAYS: John Valdivia, Chas A. Kelley o ABSTAIN: Wendy J. McCammack — - - -- - M 10. Public Comments on Items Not on the Agenda N LO Sam Gabriel, San Bernardino, spoke about the Gabriel family and their history in San o Bernardino. He stated he was concerned with the fiscal management of the City and offered his services to help in solving the City's problems. Larry Guidry, San Bernardino, spoke about the unmaintained state of City parks. He stated that he would like to volunteer or lead a group of volunteers to help keep the a sprinklers in the parks working and asked others to step up to volunteer. Bill Sandefur, San Bernardino, said he lives in an apartment infested with bed bugs and other safety issues, and said it is a shame that the City Attorney's office or Code Enforcement is not doing anything to compel the property owners to take care of the problem. City Attorney Penman said in response that the charges have been investigated. Juan Figueroa, San Bernardino, said he noticed recently that Lytle Creek Park is really looking nice and is being used again, and he thanked the Council and City crews responsible for the changes. Mayor and Common Council of the City of San Bernardino Page 15 ��-- Packet Pg.43 Joint Regular Meeting Minutes July 15, 2013 Ron Coats, San Bernardino, stated that he would like an up or down vote soon on the issue of fireworks. He said the fireworks on the 4th of July, north of the 210 freeway, were obscene and he fears that someone is going to get hurt or die. He also announced he was running for the East Valley Water District and asked for people's votes. James Penman, San Bernardino City Attorney, spoke about the recall effort and said that the only recall petitions turned in were for him. He spoke about the Charter section that defines how the recall process works. Alex Avila, San Bernardino, said he was a resident of the city and, like many, has been frustrated with City politics. He said he doesn't know about water contracts, he just lives here. He said that the recall signatures were denied on a technicality, that the City Clerk has made the process difficult, and that they would go after the clerk if she did not resign. N 21 3 11. Adjournment The meeting adjourned at 8:47 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 2:00 p.m., Monday, August 5, 2013. g 0 co O GEORGEANN"GIGI" HANNA City Clerk rn co x i By: Linda E. Hartzel $ �a Deputy City Clerk o d w M r O N LO r ti O C G7 E V R w a+ a Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg.44'