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HomeMy WebLinkAbout05.C- City Clerk DOC ID: 2701 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-- August 5, 2013; and August 19, 2013 (#2701) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account No.>> Account Description: <<Insert Account Description>> Balance as of: <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred,but not yet processed. Motion: Approve the minutes of the Mayor and Common Council meetings of August 5, 2013; and August 19, 2013, as submitted. Synopsis of Previous Council Action: None. Background: None. Supporting Documents: 08-05-2013 (Draft)—LS_LH_gh (PDF) 08-19-2013 Jt. Reg. (Draft)_LH_LS_gh (PDF) Updated: 10/1/2013 by Linda Sutherland Packet Pg•45 A T 5 2013 MIN TE JTm RE LA MEETIN RAFT) City of San Bernardino Mayor Patrick J. Morris Council Members 300 North "D" Street Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett D ��* Chas A. Kelley Rikke Van Johnson Wendy J. McCammack DRAFT MINUTES r 0 N N JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO a MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING r AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING c AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND a, I MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY cnl J MONDAY,AUGUST 5, 2013 COUNCIL CHAMBER M r The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino N was called to order by Mayor Patrick J. Morris at 2:10 p.m., Monday, August 5, 2013, in the o Council Chamber, 300 North "D" Street, San Bernardino, California. o w Roll Call E Attendee Name Title Status Arrived o Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Q Robert D. Jenkins Council Member, Ward 2 Present 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 m. � , . _ Chas A. Kelley Council Member, Ward 5 Present 2:31 p.m. Rikke Van Johnson I Council Member, Ward 6 Present 2:00 p.m. Wendy J. McCammack Council Member,Ward 7 Present 2:00 p.m. Patrick J. Morris Mayor Present 2:00 p.m. James F. Penman City Attorney Present 2:00 p.m. _Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen J. Parker City Manager Present 2:15 p.m. Mayor and Common Council of the City of San Bernardino Page] S.C.a Joint Regular Meeting Minutes August 5, 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; U. S. et al. Hendrix, et al. v. J-M Manufacturing - United States District Court, Case No. EDCV06-0055 (hw). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code M Section 54956.9. N Y N C. Conference with legal counsel - anticipated litigation - initiation of litigation - o, pursuant to subdivision(c) of Government Code Section 54956.9: a Scott C. Beard, et. al. v. Georgeann "Gigi" Hanna, et. al. - San Bernardino w Superior Court, Case No. CIVDS 1308843. c I � D. Closed Session-personnel -pursuant to Government Code Section 54957. 0 ti N 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. I � F. Conference with labor negotiator - pursuant to Government Code Section ^i 54957.6: L 0 Middle Management Bargaining Unit M 0 N G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. co 0 r City Attorney Penman announced that the case listed under Agenda Item No. 1 C should a=i have been listed under Agenda Item No. IA. s �o Y Y Reading of Resolutions and Ordinances Q Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of Alfred Zavala and Joseph Green Jr. Invocation/Pledge of Allegiance The invocation was given by Pastor Jeff Gollihar from Mount Hebron Baptist Church. The Pledge of Allegiance was led by Council Member Rikke Van Johnson. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.47 S.C.a Joint Regular Meeting Minutes August 5, 2013 2. Appointments 2A. Mayor's Office Appointment of Mia N. Zamora-Johnson to the Board of Library Trustees - Mayor Patrick J. Morris Motion: Approve the appointment of Mia N. Zamora-Johnson to the Board of Library Trustees as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:05:221 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 M AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N 2B. Mayor's Office Q Appointment of Michael Hartley to the Board of Building Commissioners - Council Member McCammack Motion: Approve the appointment of Michael Hartley to the Board of Building c Commissioners as requested by Council Member McCammack. - - o RESULT: ADOPTED [UNANIMOUS] 00:05:22 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 xl AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack yl _...._ J I 2C. Mayor's Office Appointment of Council Members Robert D. Jenkins and Virginia Marquez to the Water Resources JPA 0 Motion: Approve the appointment of Council Members Robert D. Jenkins and c Virginia Marquez to the Water Resources JPA. co 0 RESULT: ADOPTED [UNANIMOUS] 00:05:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack a 3. Presentations 3A. San Bernardino Police Department 2013 Awards -- Assistant Chief Jarrod Burguan and Capt. Gwen Waters 3B. Certificate of Commendation -- Brandon Ponce, San Bernardino Youth Baseball President-- Council Member Marquez 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.48 S.C.a Joint Regular Meeting Minutes August 5, 2013 3C. Certificate of Recognition--Frank Guzman-- Council Member McCammack 4. Announcements -- Elected Officials & Chamber of Commerce 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated August 5, 2013. RESULT: ADOPTED [UNANIMOUS] 01:45:00 N MOVER: John Valdivia, Council Member, Ward 3 y SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack a a� 513. City Clerk Council Minutes -- June 3, 2013; and June 17, 2013 Motion: Continue to August 19, 2013. o __....._ RESULT: CONTINUED [UNANIMOUS] Next: 8/19/2013 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:45:00 J SECONDER: Fred Shorett, Council Member, Ward 4 N1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack .! �o L 5C. City Attorney M RES. 2013-224 — A Resolution of the Mayor and Common Council of the City of San c Bernardino Authorizing the Mayor to Execute on Behalf of the City a First Amendment to to Amended and Restated Joint Exercise of Powers Agreement Creating an Agency to be Go Known as the San Bernardino Regional Water Resources Authority. ° c a� Motion: Adopt the Resolution. E i ca RESULT: ADOPTED [UNANIMOUS] 01:45:00 Q MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack j s 5D. Civil Service Personnel Actions - Classified Council Member McCammack requested that future staff reports include funding sources. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.49 5.C.a Joint Regular Meeting Minutes August 5, 2013 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 01:49:15 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley M 5E. Community Development c ORD. MC-1391 — Ordinance of the City of San Bernardino Adopting Development Code Amendment (Zoning Map Amendment) No. 13-02, a Request to Change the Zoning Designation of the Property Located at 1333 S. Tippecanoe Avenue from Office = a Industrial Park(OIP) to Industrial Light (IL). (FINAL READING) N N Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 N SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack =i C0 i 5F. Human Resources J i Job Description Revisions/Position Classifications: Senior Customer Service Representative/Dispatcher, Human Resources Analyst, Human Resources Technician, o Senior Human Resources Technician, Background Investigator T 0 N Agenda Item Nos. 5F and 50 were discussed and voted on simultaneously. c 0 Discussion ensued regarding the Senior Customer Service Representative/Dispatcher position. E L V Council Member McCammack made a motion, seconded by Council Member Marquez, to approve Agenda Items Nos. 5F and 50. No vote was taken. a Following further discussion, Council Member McCammack withdrew her motion and requested that the items be postponed to later in the meeting in order to give staff an opportunity to find out what funding sources are going to be used to pay this person. Later in the meeting, City Manager Parker reported that the money from the sewer fund will be used to totally fund the position even though it is going to be used for other than sewer fund activities. Motion: Approve job descriptions as proposed. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 50 S.C.a Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [5 TO 2] 03:35:07 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 5G. Human Resources Personnel Actions—Unclassified Council Member Shorett made a motion to vote on the personnel actions separately by M department. The motion died for lack of a second. N w N Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and Q procedures. N a� RESULT: ADOPTED [6 TO 1] 02:15:41 = MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 ti AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS__ Fred Shorett x J I N 511. Human Resources J I RES. 2013-225 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the City of San Bernardino Fire Management Association's Unit o Modification Petition to Expand Its Representation to Include the Position of Deputy Fire M T Chief(P-6). N Ln T Motion: Adopt the Resolution. o RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 r Q AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5I. Human Resources RES. 2013-226 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting 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: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg.51 5.C.a k Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 5J. Parks,Recreation & Community Services RES. 2013-227 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting a Grant Award from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program for Funding in the Amount of$30,000 and to Ratify the Submittal of an On-Line Grant Application Upon Invite to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grant Program for c Funding in the Amount of$25,000 to Provide for the Parks, Recreation and Community N r Services Department for the 2013 Summer Aquatic Season. rn 3 Motion: Adopt the Resolution. a d RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 g SECONDER: Fred Shorett, Council Member, Ward 4 0 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N 5K. Police x RES. 2013-228 — Resolution of the Mayor and Common Council of the City of San _i Bernardino Authorizing an Amendment to the Police Department's Table of Organization Cni by Eliminating the Code Enforcement Manager (U) Position and Re-Establishing the Animal Shelter Office Supervisor Position, and Authorizing the Director of Finance to 0 Amend the FY 2013/14 Budget and Transfer $129,982 from the Police Department's General Fund Budget to the Animal Control Budget. N LO Motion: Adopt Resolution. co 0 w RESULT: ADOPTED [UNANIMOUS] 01:45:00 m MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q 5L. Police RES. 2013-229 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the United States Department of Justice, Drug Enforcement Administration, and the San Bernardino Police Department to Participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 52 5Ca Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 5M. Police RES. 2013-230 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Expenditure of the Allocated FY 2013/14 Justice Assistance Grant (JAG) Funds and Execution of a JAG Interlocal Agreement Between the City of San Bernardino and County of San Bernardino. M T 0 N Motion: Adopt the Resolution. N RESULT: ADOPTED [UNANIMOUS] 01:45:00 Q MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack T 0 5N. Public Works RES. 2013-231 — Resolution of the Mayor and Common Council of the City of San a, Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual =� Purchase Order in the Amount of $55,000 with Three (3) One-Year Extensions at the City's Option to Los Angeles Freightliner of Fontana Pursuant to Section 3.04.010-B3 of _i the Municipal Code. F L Motion: Adopt the Resolution. M r RESULT: ADOPTED [UNANIMOUS] 01:45:00 n MOVER: John Valdivia, Council Member, Ward 3 o SECONDER: Fred Shorett, Council Member, Ward 4 r AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack s 50. Public Works Q RES. 2013-232 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Budget Transfer in the Amount of$60,000 from Sewer Line Maintenance Fund Account 5014 (Salaries Temp/Part Time) to Fund Account 5011 (Salaries Perm/Full Time) to Fund the Full-Time Senior Customer Service Representative/Dispatcher Position. See Agenda Item No. 5F for the discussion on this matter. Motion: Adopt the Resolution. Mayor and Common Council of the City ofSan Bernardino Page 8 Packet Pg.53 5:C.a Joint Regular Meeting Minutes August 5, 2013 __ _..... ........_ ............. ......... RESULT: ADOPTED [5 TO 21 03:35:07 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 5P. Public Works RES. 2013-233 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Agreement and Issuance of an Annual Purchase Order in the Amount of$450,000 with Three (3) One-Year Extensions at the City's Option to Daniels Tire Service for New and Recapped Tires. N r N Motion: Adopt the Resolution. a RESULT: ADOPTED [UNANIMOUS] 01:45:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack r 0 N 5Q. Treasurer's Office a, RES. 2013-234 — Resolution of the Mayor and Common Council of the City of San Bernardino Acknowledging the Receipt and Filing of the Annual Statement of yi Investment Policy for the Period July 1, 2013 through June 30, 2014. Motion: Adopt the Resolution. o __ ... _.......... _ th RESULT: ADOPTED [UNANIMOUS] 01:45:00 ! N MOVER: John Valdivia, Council Member, Ward 3 c SECONDER: Fred Shorett, Council Member, Ward 4 c AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack d _.._.. __ ........... E 6. Staff Reports r a 6A. City Manager RES. 2013-235 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Fourth Amendment to the Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg.-54 5.C.a Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [6 TO 11 03:08:30 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 6B. City Manager RES. 2013-236 — Resolution of the Mayor and Common Council of the City of San Bernardino Concurring with the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Approving the Transfer of Assets, Service Contracts and Public, Educational & Government (PEG) Fund Account Balances Related to the Inland N Empire Media Group (IEMG) to the City of San Bernardino. IAgenda Item Nos. 613 and 7A were discussed and voted on simultaneously. Q Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:13:59 MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack rn J I 6C. Finance �I RES. 2013-237 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Consultant Services o Agreement Between Bartel Associates LLC and the City of San Bernardino. M T 0 Motion: Adopt the Resolution. Ln 0 co RESULT: ADOPTED [UNANIMOUS] 03:26:25 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q 6D. Human Resources RES. 2013-238 — Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 55 Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [UNANIMOUS] 03:30:01 MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack i 6E. Human Resources RES. 2013-239 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Terms and Conditions of Employment for the Middle Management Unit Employees Represented by the San Bernardino Public Employees Association (SBPEA), Consistent with Certain Provisions of the City's Pendency Plan, Adopted by the Mayor and Common Council on November 26, 2012 by Resolution No. c 2012-278. r N 3 Motion: Adopt the Resolution. Q RESULT: ADOPTED [UNANIMOUS] 03:06:42 r MOVER: Wendy J. McCammack, Council Member, Ward 7 _ SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack o ti 6F. Information Technology RES. 2013-240 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase J Order to S.K. Telecon, Inc. for Cable Pull Services to the City's Telephone Systems for the Information Technologies Department in the amount of$35,678.00. 2 0 Motion: Adopt the Resolution. r 0 RESULT: ADOPTED [UNANIMOUS] 03:30:40 c MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack r U a+ Q 6G. Public Works Report to the Mayor and Common Council of the City of San Bernardino Regarding the Emergency Purchase of a New Air Conditioner Unit at the Police Department Building, 710 North D Street Motion: Receive and file. Mayor and Common Council of the City of San Bernardino Page I1 Packet Pg.56 S.C.a Joint Regular Meeting Minutes August 5, 2013 RESULT: ADOPTED [UNANIMOUS] 03:31:23 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 7A. City Manager RES. 2013-241 — 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 r San Bernardino Approving the Transfer of Assets, Service Contracts and Public, Educational & Government (PEG) Fund Account Balances Related to the Inland Empire a Media Group (IEMG) to the City of San Bernardino. d Motion: Adopt the Resolution RESULT: ADOPTED [UNANIMOUS] 03:13:59 .- MOVER: Wendy J. McCammack, Council Member, Ward 7 N SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack x ....... J I N 7B. Mayor's Office �I Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset o Transfer Review Report Dated March 6, 2013. (Continued from July 1, 2013) M r O N Mayor Morris stated that he and Council Members Kelley, Shorett and Johnson would c abstain on this item because they are currently a member or have been a member of the o San Bernardino Economic Development Corporation (SBEDC) Board. They left the Council Chamber. City Attorney Penman stated that the Mayor had previously designated senior council member McCammack to preside over this matter in his absence. a Council Member McCammack stated that she understood that the item needed to be continued. City Attorney Penman stated that they are still attempting to determine if there are any encumbrances on any of the assets that they have not yet discovered. He stated that they would put the item back on the agenda at the appropriate time. No action was taken on this item. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 57 Joint Regular Meeting Minutes August 5, 2013 8. Public Comments on Items Not on the Agenda Bill Sandefur, San Bernardino, spoke about issues at his senior housing complex like faulty air conditioners,bedbugs,bursting pipes, collapsing ceilings, etc. Ron Coats, San Bernardino, spoke about the lack of citizen involvement in all levels of government; and announced that he is running for East Valley Water District Board of Directors. Larry Sharp, Redlands, spoke about the City Council's role in the bankruptcy and lack of accountability because there is no public discussion about the City's present financial position. M 0 N James Smith, Highland, thanked Councilman Jenkins for keeping the National Night y Out event alive in San Bernardino; thanked the Sun newspaper for holding its community forum; and extended an invitation to the Council to attend the Save San Bernardino event a called "Revise, Reform and Rebuild," on August 8, 2013, at 6 p.m., at the Inland Empire Regional Center. c 9. Adjournment The meeting adjourned at 8:10 p.m. The next joint regular meeting of the Mayor and N Common Council and the Mayor and Common Council Acting as the Successor Agency 0 to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, August 19, 2013. x I Cn J I GEORGEANN "GIGI" HANNA City Clerk 0 N BY o Linda Sutherland o Deputy City Clerk a� E s w a Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.58 AT AUGUS r 19 2013 MIN TE JTm RE LA MEETING ( DRAFT) v `ln i City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez 6 San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett . IDD tK 1 Chas A. Kelley Rikke Van Johnson Wendy J. McCammack - M r O N DRAFT MINUTES N JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL a OF THE CITY OF SAN BERNARDINO N d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY T 0 ti MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY i AND i MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, AUGUST 19, 2013 COUNCIL CHAMBER d 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 2:33 p.m., Monday, August 19, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. (Note: At 2:00 p.m., City N Clerk Hanna made an announcement that the start time for the Council meeting had been delayed from 2:00 p.m. to 2:30 p.m.) o Roll Call E Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:30 p.m. a Robert D. Jenkins j Council Member,Ward 2 Present 2:30 p.m. John Valdivia 3 Council Member, Ward 3 Present 2:40 p.m. Fred Shorett Council Member, Ward 4 Present 2:30 p.m. Chas A. Kelley Council Member,Ward 5 Present 2:40 p.m. Rikke Van Johnson Council Member,Ward 6 Present 2:30 p.m. Wendy J. McCammack Council Member,Ward? Present 2:30 p.m �m Patrick J. Morris Mayor 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 Parker City Manager Present 2:30 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 59 3.C.b Joint Regular Meeting Minutes August 19, 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,• David Kreske v. City of San Bernardino - Workers' Compensation Appeals Board, Case No. ADJ 7689396; San Bernardino County Transportation Commission v. Riverside Cement M Company, et al. -San Bernardino Superior Court, Case No. CIVDS-13-02780; N Tejash B. Vanswala, et al. v. Omnitrans, et al. - United States District Court, Case No. EDCV 12-1526-VAR (oPx). a B. Conference with legal counsel - anticipated litigation - significant exposure to w litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: 0 City v. LMC Enterprises dba Chemco Products Company ai C. Conference with legal counsel - anticipated litigation - initiation of litigation - i pursuant to subdivision (c) of Government Code Section 54956.9. �Cn i D. Closed Session-personnel -pursuant to Government Code Section 54957. ^i w E. Closed session with Chief of Police on matters posing a threat to the security of o public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. N o� G. Conference with real property negotiator - pursuant to Government Code Section c 54956.8. C a) Senior Assistant City Attorney Grider announced that the following additional case would be discussed in Closed Session under Agenda Item No. IA, Existing Litigation: 2 Q Aspen Builders, Inc., a California Corporation v. Regal Cinemas, Inc., a Tennessee Corporation doing business as Regal Entertainment Group; San Bernardino Economic Development Corporation, a California non-profit corporation; and DOES 1-100, Inclusive–San Bernardino Superior Court, Case No. CIVDS 1210338. City Attorney Penman announced that in Closed Session an item was added to the agenda regarding the properties that the City had previously transferred to the San Bernardino Economic Development Corporation. The matter was heard by four Council members, who did not have a conflict—Council members Marquez, Jenkins, Valdivia and Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 60 Joint Regular Meeting Minutes August 19, 2013 McCammack. Mayor Morris and Council members Shorett, Kelley and Johnson did have conflicts because they are currently serving, or have previously served, on the SBEDC Board of Directors. During the meeting the following motion was adopted: That the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency"), direct the City Manager, working with the City Attorney, to bring back the appropriate resolution(s) and documentation to accomplish the following: accept the assets of the San Bernardino Economic Development Corporation ("SBDEC") proposed to be transferred by the SBEDC to the Successor Agency, as ordered by the State Controller's Office Final Asset Transfer Review Report dated March 6, 2013. M r O N Reading of Resolutions and Ordinances N Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. a N Moment of Silence Mayor Morris requested a moment of silence in memory of Irene Caston, Vicki Zietlow, Javier =_ Vellanoweth, and Emilie Herron. T O Invocation and Pledge of Allegiance The invocation was given by Elder Eddie Kelley from Living Faith Gospel Church. The Pledge of Allegiance was led by Council Member Marquez. J I 2 2. Appointments There were no committee appointments. 0 3. Presentations C CD w M 3A. Check Presentation to Second Harvest Food Bank-- Stater Bros. Markets c N 01 3B. Citizen of the Month -- Valley College Neighborhood Association Group -- Council c Member Valdivia c a� E 3C. Community Energy Partnership -- PowerPoint Presentation by Beverly Powell, Southern California Edison, and Tony Frossard, Public Works Director a 3D. Presentation by the Urban Conservation Corps -- Sandy Bonilla and Bobby Vega 4. Announcements -- Elected Officials & Chamber of Commerce Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.61 ..5 C.b f. Joint Regular Meeting Minutes August 19, 2013 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 August 19, 2013. ._. ----- RESULT: ADOPTED [UNANIMOUS] 01:11:351 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack w Q 513. Civil Service Personnel Actions—Classified d r Council Member Shorett stated that he has asked that the personnel actions be separated by department; however, that has not been done. Rather than casting a blanket "no" vote o every week, he will vote "yes," but he wanted it to be on record that he does not support N any promotions at this time. i Motion: Approve the classified personnel actions, as submitted by the Chief co ed Examiner, in accordance with Civil Service rules and Personnel policies X adopted by the Mayor and Common Council of the City of San i Bernardino. — o RESULT: ADOPTED [UNANIMOUS] 01:14:36 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 Cn AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N rn ao 5C. Community Development RES. 2013-242 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with MIG/Hogle-Ireland to Prepare the City of San Bernardino's 2014-2021 Housing Element Update. Q Public Comments: Shirley Harlan, San Bernardino ' Approximate time of motion/second as indicated on DVD of meeting available at City Clerk's Office. Mayor and Common Council of the City of San Bernardino Page 4 Packet 1'g,62 Joint Regular Meeting Minutes August 19, 2013 SC. Continued. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 21 01:31:20 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley M r 5D. Finance N RES. 2013-243 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino. a d Motion: Adopt the Resolution. 2 c RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 N s AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ...___ cn J I 2 5E. Human Resources JI Establish the Position of IEMG Broadcast Engineering Coordinator and Approve Job Description o a� Motion: Delete the Assistant to the City Manager position, Range 4560, $7,249 - $8,811/month; Establish one (1) IEMG Broadcast Engineering Coordinator position, Range 2470, $4,627 to $5,625 per month; Approve c the job description for IEMG Broadcast Engineering Coordinator; Authorize the Human Resources Division Manager to update Resolution No. 2011-218 to reflect these actions; and Authorize the Director of c Finance to amend the FY 2013/14 budget to reflect these actions. — -----------..._. ___--._.. E RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member, Ward 4 a SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5F. Police RES. 2013-244 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Agreement Between the County of Orange, Orange County Crime Lab, and the City of San Bernardino Police Department for Forensic Analysis and Consultation Services. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 63 Joint Regular Meeting Minutes August 19, 2013 5F. Continued. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M 5G. Police N RES. 2013-245 - Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing the Execution of an Agreement with the United States Department of Justice for the San Bernardino Police Department to Participate as a a Member of the Drug Enforcement Administration (DEA) Task Force. N a� r Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:35 0 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 a, AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack co Xi i 511. Public Works RES. 2013-246 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655, Entitled in Part "A Resolution...designating Certain Streets or Portions Thereof as through Highways..." and Establishing a One-Way Stop at the Intersection of Scenic Drive and Valley View Drive. M 0 N Motion: Adopt the Resolution. - - c RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Q 5I. Public Works RES. 2013-247 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655, Entitled in Part "A Resolution...designating Certain Streets or Portions Thereof as through Highways..." and Establishing a Two- Way Stop at the Intersection of Spruce Street and Herrington Avenue. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 64 5.C.b Joint Regular Meeting Minutes August 19, 2013 SI. Continued. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack P 5J. Public Works c RES. 2013-248 - Resolution of the Mayor and Common Council of the City of San w Bernardino Authorizing the Execution of Amendment No. 3 to Agreement with AECOM Technical Services to provide Civil Engineering Design Services and Project a Management Services for State Street from 16th Street to Foothill Boulevard — Extend ; and Construct 4 Lanes of Roadway(1.5 Miles) to Connect State Street to Rancho Avenue r (SSO4-09). _ Council Member McCammack stated she would abstain because the vendor is one of her r business clients. N Motion: Adopt the Resolution. I _ N RESULT: ADOPTED [UNANIMOUS] 01:11:35 x� MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack .........------- -- w M r O 5K. Public Works RES. 2013-249 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to the ° Metropolitan Water District of Southern California in Exchange for the Partial Quitclaim of that Certain Easement Granted for a Water Pipeline and Authorizing the City Clerk to = Accept the Partial Quitclaim of Easement from the Metropolitan Water District of Southern California, All Located Within Devil Canyon. Q Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:35 MOVER: Fred Shorett, Council Member,Ward 4 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 Packet Pg.65'' Joint Regular Meeting Minutes August 19, 2013 5L. Public Works RES. 2013-250 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to Hampton Inn and Suites H.I.S. of San Bernardino, Inc., for Those Certain Easements Granted to the City for a Water Pipeline Located on a Private Road Southwest of Tippecanoe Avenue and Hospitality Lane. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:35 M MOVER: Fred Shorett, Council Member, Ward 4 0 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 3 I a 5M. Successor Agency = RES. 2013-251 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in N Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located s at 2474 Cheryle Court, San Bernardino, California. I JI Motion: Adopt the Resolution. =I J RESULT: ADOPTED [UNANIMOUS] 01:11:35 M MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack M r O N O) 6. Continued Items 0 Y 6A. City Clerk Council Minutes -- June 3, 2013; and June 17, 2013 (Continued from August 5, 2013) �a w Motion: Approve the minutes of the Mayor and Common Council meetings of June a 3, 2013; and June 17, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:56:55 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg.66 rJ.Ci.b Joint Regular Meeting Minutes August 19, 2013 7. Staff Reports 7A. Council Office Discuss and Take Possible Action Regarding a Proposal to Provide Economic Development Services to the City of San Bernardino City Attorney Penman declared a conflict because his wife is the president and CEO of the local Chamber of Commerce. He left the Council Chamber and was replaced by Special Counsel Tom Clark. To avoid the appearance of a conflict, Council Member Shorett left the Council Chamber, r; stating that he would abstain on this item because the Chamber of Commerce does N business with his brother's company, Crown Printers. y Mr. Nolan made a presentation on behalf of the Chamber of Commerce. He stated that Q the City is in a time of economic recovery and there is a great need for attracting new businesses and increasing the businesses of the already existing entities. 3 C Mr. Nolan asked the City to use primarily, if not exclusively, the transient occupancy tax to fund specific business enhancement efforts by the Chamber. He said without such an c endeavor, the City will be without any effort towards developing new business. He further stated that the Chamber's proposal would be at a rate much less than the City could do the various functions itself. The chamber sought a one-year trial for a rate of Ni $10,000 per month for a total of $120,000 for that year for services, with an option to _j i extend the agreement. 3: i Public Comments: i The following individuals spoke in opposition to this proposal: ° Draymond Crawford, San Bernardino Richard Castro, San Bernardino Oskar Zambrano M Larry Sharp, Redlands o Richard Tejeda, San Bernardino C� Jim Smith, Highland Shirley Harlan, San Bernardino ° Al Palazzo d Barbara Babcock, San Bernardino = r The following individuals spoke in support of this proposal: a Mary Wilson, San Bernardino Robert Gastel, San Bernardino Judi Penman, San Bernardino Council Member Kelley made a motion, seconded by Council Member Valdivia, to use the money suggested to create a position in the City Manager's office of Economic Business Development and make it happen today. (No vote was taken and Mr. Valdivia subsequently removed his second.) Mayor and Common Council of the City of San Bernardino Page 9 Packet pg.67 5.C.b Joint Regular Meeting Minutes August 19, 2013 Motion: Direct the City Manager to negotiate a contract with the San Bernardino Area Chamber of Commerce, with the City Manager determining the best use of funding for such a contract, said contract to have a 30-day out. RESULT: FAILED [3 TO 31 –Mayor did not break the tie vote. 03:37:16 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert Jenkins, Council Member, Ward 2 AYES: Robert Jenkins, John Valdivia, Wendy J. McCammack NAYS: Virginia Marquez, Chas Kelley, Rikke Van Johnson f ABSTAIN: Fred Shorett 0 a+ N 3 8. New Business a 8A. Accept and Allocate as Revenue a Parks and Recreation Grant in the Amount of d $200,000; Approve an Appropriation from said Funds for the Senior Companion = Program; and Authorize the Director of Finance to amend the 2013/2014 Budget r City Manager Parker explained that the City did receive said grant; however, the grant N was not approved by the Council when the contract was received. As a result, no money s was allocated in the 2013/14 budget for this item, and these individuals need to be paid. co In order to write checks, the money has to be in the budget. The seniors are concerned that there will be a two-week delay in receiving these checks, so staff is asking for �I emergency action to approve acceptance of the grant. i a L MOTION: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action. 6 RESULT: ADOPTED [UNANIMOUS] 01:34:17 M MOVER: Wendy J. McCammack, Council Member, Ward 7 c SECONDER: Chas A. Kelley, Council Member, Ward 5 CC6 T AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack c – –..._........ ----- — — MOTION: That the Mayor and Council accept the Parks and Recreation grant in the E amount of $200,000 and allocate it as revenue in the grant fund of the 2013/14 budget; approve an appropriation of said funds for the Senior .2 Companion Program; and authorize the Director of Finance to amend the 2013/14 budget accordingly. RESULT: ADOPTED [UNANIMOUS] 01:35:50 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 10 R 5.C.b Joint Regular Meeting Minutes August 19, 2013 8B. Emergency Amendment to the Housing and Urban Development Block Grant Plan City Attorney Penman noted that there was a fire in the City and a number of family members, including 23 children, were displaced. The Red Cross is picking up the tab for last night and tonight, but they will have no lodging tomorrow. Per instructions received earlier today, the City Manager has looked into this and his office has contacted the Housing and Urban Development Block Grant personnel and they have advised us that we need to have the Council declare an emergency amendment to the Block Grant Consolidated Plan, and it needs to be done today. MOTION: The matter arose subsequent to the posting of the agenda and there is a M need to take immediate action. o ___ .._....... ........ ..._._... __.._ N RESULT: ADOPTED [UNANIMOUS] 01:39:02 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 a AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 3 C Public Comments: Sandra Olivas, San Bernardino 0 N MOTION: Approve an amendment to the 2013/2014 Housing and Urban a, Development Consolidated Action Plan to assist those impacted by the fire in the 700 block of W. 7th Street on Sunday, August 18, 2013, and allocate =i $10,000 of Community Development Block Grant funds for that purpose. I L RESULT: ADOPTED [UNANIMOUS] 01:45:31 ° MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack i o N CD 9. Public Comments on Items Not on the Agenda o Andrea Neyses, Highland, said the City's animal shelter is filthy and in horrible condition. She said she'd been marking the walls for three months to prove her point that the kennels are not being cleaned properly between animals with communicable diseases. Y a Gary Appulm, Spring Valley, said that animal rescue shelters are hands-off to those animals in the San Bernardino shelter—that it's not the kind of place you'd want your pet to be if you lost him. He encouraged the Council to visit the shelter unannounced and see the conditions. Maria Sanchez, Riverside, said she's been emailing the Council members for months, but has had no responses, there has been no improvement in the shelter conditions, and she doesn't know what else to do. She stated that the management staff at the shelter are under the impression that the Hayden law has been completely suspended, and that is not true—only portions of it have been suspended. That is why they believe they can kill the Mayor and Common Council of the City of San Bernardino Page 11 �-- Packet Pg.69 5.C.b Joint Regular Meeting Minutes August 19, 2013 owner-surrendered animals upon intake, but by law they still have to hold them the same length of time as a stray. Michael Levitt, Los Angeles, stated that they are not animal extremists—they are loving people—they are professionals. He asked about the soul of San Bernardino, the moral compass of the city. He noted that a rescued animal becomes a public figure via Facebook and the San Bernardino shelter is a slaughterhouse. He stated that the City has a crisis on its hands and the rest of the community is mobilizing to focus on the City's shelter. He asked to put the issue on the agenda to discuss this in more detail. Lisa Corona, Beverly Hills, said her dog was sodomized—that on June 15, she adopted a 6-month-old puppy to save her life; and the dog went missing in the shelter on Monday when she was supposed to be spayed. She was able to locate shelter volunteers, who N found the dog. On June 25, she got a call from the doctor, who said the dog had been 3 sodomized with something the size of a cucumber. She asked that the volunteers and/or employees at the shelter be required to have background checks for sexual deviant a behavior; and require the shelter to be truthful and transparent with people and admit that they don't have a contract with General Dog and Cat. Shirley Harlan, San Bernardino, said she would like the Council to find a way to make sure people are comfortable to come to speak to the Council. It discourages people when important people who live in the city make them feel like they cannot speak out. She also said she was a friend of Roberta Shouse, and she appreciated the Council's recognition of a, Ms. Shouse's efforts for the legal aid society. She thanked Council Members Marquez �I and McCammack for starting a scholarship in her honor. =i J Sandra Olivas, San Bernardino, stated that she was the First Ward commissioner for they Historical Preservation Commission. They will be holding a workshop on September 7, o at 5 p.m. at the Historical Society regarding the Mills Act. She explained that you qualify for the Mills Act if you own a home built before 1942. She stated that when you do d apply for the Mills Act you will receive a percentage off your property taxes, and that savings will be money a person can use to help maintain the home, preserve the home, or r� rehabilitate the home. N o> Betty Jean Long, San Bernardino, said she is ashamed of the Mayor and Council—that c they have put themselves in a position that they think they cannot work their way out of. One way they can is to stop doing what they are doing. She said she would run for mayor. R Jane Sneddon, San Bernardino, spoke about a program being held at the Norton Air a Force Base Museum on Wednesday night. The guest speaker will be Col. Raymond J. Merritt, who was a POW in Vietnam for seven and a half years. Richard Castro, San Bernardino, a retired teacher and wrestling coach, said he has a deep history in the city, and he has a great desire to be among people who are going to make movement. He also stated that he is running for mayor. Cesar Gomez, San Bernardino, said he was there to advocate for Richard Castro, who is running for mayor, and for John Abad, who is running for the First Ward Council seat. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.70 Joint Regular Meeting Minutes August 19, 2013 Bill Sandefur, San Bernardino, said he had tried to contact Penman's office before the council meeting, to no avail, and said he wanted to know why the City Attorney had tried to rubber stamp his eviction. He complained about the City Attorney's behavior during several incidents. John Abad, San Bernardino, discussed his background and where he had lived in the city. He talked about his experience getting permits in the city for a special event connected to property he owns. He said he is in a quagmire, and that is what is happening in the city—the city is not business friendly. Sandra Ortega, San Bernardino, spoke against the prostitution in her neighborhood and explained an encounter she had recently with two prostitutes in her area. 0 N Esther Flores, San Bernardino, said she was concerned about the safety of her children. She has little girls and thinks the prostitution levels are not a good message for them. Q Deanna Adams, San Bernardino, said she has decided that one way to change the city is to adopt a block, going house to house and meeting people. She said that people's overall 3 wellbeing has been compromised and she would like a dedicated fund for public safety. She said the criminals today are different than they were 20 years ago. She stated that the city has a nuisance on Baseline and wanted to know if there is a comprehensive crime o fighting proposal. Ron Coats, San Bernardino, gave kudos to Fire Chief Avery, spoke about his experience Cn� doing a ride along, and suggested people sign up for the citizens' police academy. =i J Roxanne Williams spoke of her efforts for economic development, including helping to create two business workshops. She talked about having a plan and sticking to it, especially with the new justice center there needs to be a plan for the people it will bring to downtown. She stated that the community is asking for a vision plan—they are asking for a faster permitting process and for an economic development director. P Al Palazzo said he would be speaking at noon on Friday at the Carousel Mall regarding o economic development. He stated he would like to present his vision to the Mayor and Council if they have a workshop. 0 Jim Smith, Highland, thanked Sandra Olivas for her announcement about the Mills Act. He noted that 150 people came to listen to the presentations at Save Our San Bernardino. E He announced that on Friday morning the County library system is celebrating its 1001H anniversary at 10:30 a.m. at the Sam Racadio Library on Central Avenue in Highland. a Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.71 S.C.b Joint Regular Meeting Minutes August 19, 2013 10. Adjournment The meeting adjourned at 8:59 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., Tuesday, September 3, 2013. GEORGEANN"GIGI" HANNA City Clerk By: Linda E. Hartzel N Deputy City Clerk 3 Cna N d r.+ 3 C r O ti N .0 8J J I J I m L 0 NN� M r O N O T O d E V W Q Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.72