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Home My WebLink About10-21-2013 Jt. Reg Mtg Minutes City of San Bernardino Mayor Patrick J. Morris D" 300 North Street Council Members San Bernardino, CA 92418 Virginia Marquez http://www.sbcity.org Robert D. Jenkins John Valdivia Fred Shorett Vacant Rikke Van Johnson Wendy J. McCammack MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, OCTOBER 21,2013 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 2:08 p.m., Monday, October 21, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Robert D. Jenkins _Council Member, Ward 2 Present ' 2.30 p.m. John Valdivia Council Member Ward 3 Present i:00 P.M. _. Fred Shorett Council Member Ward 4 Present ` 2:00 P.M. _w .. _ Council Member Ward 5 Vacant ----- Rikke Van Johnson Council Member, Ward 6 Present 2:00 p.m. Wendy J. McCammaek Council Member, Ward 7 Absent ----- Patrick J. Morns 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 Parker City Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 1012212013 Joint Regular Meeting Minutes October 21, 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; Jacqueline Jewell v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1105879; Samuel Hinojosa, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1211433; Patricia Murray, et al. v. City of San Bernardino, et al. - United States District Court, Case No. 5:13-CV-00276 TJH (OP). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: City v. LMC Enterprise dba Chemco Products Co.; Oldendorf, Nicholas v. Figueroa, Laura - San Bernardino Superior Court, Case No. CIVDS 1308114. D. Closed Session-personnel-pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor Morris announced that a closed session matter had arisen after the posting of the agenda under Agenda Item No. 1B, Anticipated Litigation, Significant Exposure to Litigation, concerning a Professional Services Agreement with Best Best and Krieger for counsel to the City Clerk regarding the November 5, 2013, Primary Municipal Election and potential run-off election issues. Mayor Morris also announced the vacancy in the Fifth Ward Council seat. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 Invocation and Pledge of Allegiance (W The invocation was given by Father Ochoa from Lady of Guadalupe Church. The Pledge of Allegiance was led by Brian Garibay, a student from San Bernardino High School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Student of the Month -- Brian Garibay, San Bernardino High School — Mayor Morris and Margaret Hill of the San Bernardino City Unified School District 3B. LJR Arts Academy Performance -- Council Member Jenkins 3C. Proclamation -- World Polio Day, October 24, 2013 -- Council Member Shorett 3D. Certificates of Recognition and Accomplishment -- Isabelle Cholbi -- Chavez Middle School Spelling Bee Champion — Mayor Morris and California Assemblyman Mike Morrell 0 3E. Certificate of Recognition -- Speicher/Phoenix East Neighborhood Advisory Association Group — Cheryl Weeks, Council Office, on behalf of Council Member McCammack 4. Announcements -- Chamber of Commerce & Elected Officials County Supervisor Josie Gonzalez spoke regarding the future of the City of San Bernardino and the need for upstanding leadership. 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 October 21, 2013. .....______...................... RESULT: ADOPTED [UNANIMOUS] 01:24:511 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 -..............__....... Timestamp indicates when motion and second were made,according to video of meeting posted on City website. Mayor and Common Council of the City of San Bernardino Page 3 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 5B. Civil Service Personnel Actions—Classified Public Comments: Nathan Cooke,Battalion Chief, Fire Dept. 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. _ ......... 1 RESULT: ADOPTED [UNANIMOUS] 01:30:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 5C. Fire Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Standard Contract Between the San Bernardino County Fire Protection District and the City of San Bernardino for Emergency Management Services; and Ratifying the Submittal of the 2013 Emergency Management Performance Grant and Authorizing the County to Apply for and Administer the Grant. (Continued from October 7, 2013) Motion: Continue to November 4, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 11/4/2013 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:24:51 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack f VACANT: Ward 5 ...... ....... 5D. Human Resources RES. 2013-285 - Resolution of the Mayor and Common Council of the City of San Bernardino Adding One Full-Time Senior Customer Service Representative/Dispatcher, Deleting Part-Time Position, Authorizing Human Resource Department to Update Resolution No. 97-244, and Authorizing the Director of Administrative Services to 10 Amend the Budget. It was noted that funding or the position would come from g p Integrated Waste Management funds and not the General Fund. Mayor and Common Council of the City of San Bernardino Page 4 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 51). Continued 0 Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 11 01:35:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Robert D. Jenkins,Fred Shorett, Rikke Van Johnson NAYS: John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 5E. Human Resources RES. 2013-286 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Revisions to the Accountant III Job Description. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] � _ 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 jAYES: Marquez, Jenkins, Valdivia, Shorett, Johnson I ABSENT: Wendy J. McCammack VACANT: Ward 5 .__........ .............. 5F. Human Resources RES. 2013-287 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Addition and Funding for One (1) Human Resources Analyst Within the Civil Service Department. Motion: Adopt the Resolution. ............._____............ RESULT: ADOPTED [4 TO 11 01:39:43 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Rikke Van Johnson NAYS: John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 5 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 5G. Human Resources RES. 2013-288 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Internship Agreement Between the Trustees of California State University, San Bernardino and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 5H. Human Resources RES. 2013-289 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Position of Administrative Analyst I (Flex) and the Deletion of the Position of Human Services Program Manager Within the Department of Parks, Recreation and Community Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack j VACANT: Ward 5 5I. Human Resources RES. 2013-290 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Reclassification of One (1) Fire Prevention Technician to Fire Prevention Officer Within the Fire Department. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins Valdivia Shorett Johnson ABSENT: Wend y c J. McCammack I VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 6 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 5J. Library RES. 2013-291 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Administrative Services to Issue an Annual Purchase Order in the Amount of $32,098.00 to the Library Corporation for Library Software Licensing and Software/Hardware Maintenance. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 j 5K. Parks, Recreation & Community Services RES. 2013-292 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute the Third Amendment to the FAS Standard Contract with the County of San Bernardino for the Lease of a Portion of the Delmann Heights Community Center to be Used for the Head Start Program. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 } AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 _.................. _._..._. ------------........ ..............._._..................... ....m.... 1 5L. Police RES. 2013-293 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the First Three-Year Extension of the Alarm Administration Services Agreement Between PMAM Corporation and the City of San Bernardino. Motion: Adopt the Resolution. C Mayor and Common Council of the City of San Bernardino Page 7 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 5L. Continued. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 C AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 .............__.................... _....... _. ...... . __ ............. ..... 5M. Police RES. 2013-294 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Vendor Service Agreements with Quick PC Support, LLC, for 4G Wireless Hardware Installation in Police Vehicles and Verizon, Inc., for Wireless Network Connection; and a Purchase Order to Dell, Inc., for the Purchase of Two Network Servers. ;i Motion: Adopt the Resolution. i .......1.111__ ........ ..... _. ... _ .... RESULT: ADOPTED [UNANIMOUS] 01:24:51 10 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT Ward 5 ..... .... ,_. i 5N. Police RES. 2013-295 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Police Department to Accept and Administer a Grant in the Amount of $816,140 from the San Bernardino County Police Chiefs and Sheriff Association for the Purpose of Addressing the Crime Impact of Public Safety Realignment (AB 109). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01.24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack [ VACANT: Ward 5 ................. . _. ............ ........... _____. Mayor and Common Council of the City of San Bernardino Page 8 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 50. Public Works RES. 2013-296 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five-Year Capital Improvement Program (2013-2018) for Measure "I"Local Expenditures. It was noted that more than one motion would be necessary in order to allow certain Council members to abstain on specific items where they have a conflict. Motion 1: Adopt the Resolution with Exhibits "A", "B" and "C3." RESULT: ADOPTED [UNANIMOUS] 01:45:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 E Council Member Marquez stated that she owns property in the Exhibit "Cl" area; therefore she would abstain. She left the Council Chamber and returned after the vote was taken. Motion 2: Adopt the Resolution with Exhibit "CV. ........ . ... _ RESULT. ADOPTED [4 TO 0] 01.46:32 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Robert D. Jenkins, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Virginia Marquez ABSENT: Wendy J. McCammack j VACANT: Ward 5 j Council Member Valdivia stated that he owns property in the Exhibit "C2" area; therefore, he would abstain. He left the Council Chamber and returned after the vote was taken. Motion 3: Adopt the Resolution with Exhibit"C2." RESULT: ADOPTED [4 TO 0] 01:47:32 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett, Rikke Van Johnson j ABSTAIN: John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 ..... E Mayor and Common Council of the City of San Bernardino Page 9 Printed 1012212013 f Joint Regular Meeting Minutes October 21, 2013 50. Continued. 0 City Attorney Penman stated that his wife has an interest in ro ert located in the p P Y Exhibit "C4" area; therefore, he would abstain. He left the Council Chamber and returned after the vote was taken. Motion 4: Adopt the Resolution with Exhibit"C4." RESULT: ADOPTED [UNANIMOUS] 01:47:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 ............... __ ....... ........ _._ ..... 5P. Public Works RES. 2013-297 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving Contract Change Order No. 1 to Pro Tech Engineering Corp. for Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 5Q. Public Works RES. 2013-298 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order in the Amount of$137,500 with Three (3) One-Year Extensions at the City's Option to Star Auto Parts of San Bernardino Pursuant to Section 3.04.010-B3 of the Municipal Code. Motion: Adopt the Resolution. E Mayor and Common Council of the City of San Bernardino Page 10 Printed 1012212013 r Joint Regular Meeting Minutes October 21, 2013 5Q. Continued. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 5R. Public Works RES. 2013-299 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute an Agreement Relative to the Purchase of Tax-Defaulted Property from the County of San Bernardino Tax Collector, to be Designated for Water Department Use, Located at 974 Home Avenue, Known as Assessors Parcel Number 0144-221-27-0000, in the City of San Bernardino. Motion: Adopt the Resolution. ._. ____. _ �... _._..__.. ..__ ___ RESULT: ADOPTED [UNANIMOUS] 01:53:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 _ ............................................._.__ _._........._ .__- _ _._ _ ...�... 5S. Public Works RES. 2013-300 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to All American Asphalt, Corona, California, for Pavement Rehabilitation on Three City Streets: Del Rosa Avenue, from Pumalo Street to s Date Street (East), Plan No. 12819 (SS12-007); Highland Avenue, from Cedar Street to I Golden Avenue, Plan No. 12820 (SS12-014); and Mt. Vernon Avenue, from Grant Avenue to Northerly of Walnut Street, Plan No. 12994 (SS14-005); and Authorizing the Appropriation of Additional funds; and Authorizing the Director of Administrative Services to Change the Adopted FY 2013-14 Budget. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page I 1 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 5S. Continued. RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 6. Staff Reports 6A. Police RES. 2013-301 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submission of the CAL-GRIP Grant for Fiscal Year 2013/2014 and Authorizing the San Bernardino Police Department to Accept and Administer the Grant Upon Award. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02.03:25 MOVER: John Valdivia, Council Member, Ward 3 E SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 C 7. Added Staff Reports 7A. Council Office Contracting of Fire Services Staff clarified that this was only for Fire Services and had nothing to do with the Police Department. Council Member Shorett made a motion, seconded by Council Member Johnson, to direct the City Manager to begin the process of soliciting proposals for contracting fire services to outside agencies, including, but not limited to Cal Fire and San Bernardino County. Mayor and Common Council of the City of San Bernardino Page 12 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 Public Comments: The following individuals spoke in support of soliciting proposals for contracting Fire Services: Richard Castro, San Bernardino Barbara Babcock, San Bernardino The following individuals spoke in opposition to soliciting proposals for contracting Fire Services: Paul Sanborn, San Bernardino John Matley, San Bernardino Lillice Andreson, San Bernardino Scott Olson, San Bernardino Deanna Adams, San Bernardino Jim Eble, San Bernardino Anthony Jones, San Bernardino Substitute Motion: To ask the City Manager to research and bring back proposals that market our City fire personnel. RESULT: FAILED 12 TO 31 02:45:15 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins, John Valdivia NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 Council Member Johnson pointed out that constant manning is one of the problems in the Fire Department that accounts for the amount of overtime—that they still need to get rid of that constant manning stipulation. Motion: Direct the City Manager to begin the process of soliciting proposals for outsourcing fire services to outside agencies, including but not limited to Cal Fire and San Bernardino County; and also research and bring back proposals that market our fire services to surrounding agencies. RESULT: FAILED 13 TO 21 02:59:12 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 13 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 7B. City Clerk RES. 2013-302 - Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Election to Fill the Vacancy in the Ward Five Council Seat for Tuesday, February 4, 2014 to be Conducted by the County of San Bernardino. City Clerk Hanna clarified that the resolution stated that the mail-in ballots would be for the special election in Ward 5, as well as any runoff election that might be needed. She added that the updated cost estimate from the County was $235,200 to cover both the Ward 5 and runoff elections. Council Member Jenkins stated that he could not support mail ballots only due to the number of seniors whose signatures have changed, resulting in their ballots not being counted. He stated that if staff removed the mail ballot caveat, he would then support this item. He suggested having one or two polling locations in the City in addition to the mail ballots. Council Member Jenkins made a motion, seconded by Council Member Marquez, to adopt the resolution, but eliminate the all mail-in ballot requirement and add a requirement for a minimum of two polling places somewhere in the city. Mayor Morris clarified that the motion was to have both a mail-in ballot, as well as polling place opportunities, for an election to be held the first week in February, with a i minimum of two polling places for those who do not want to use mail-in ballots. Public Comments ' Shirley Harlan, San Bernardino Council Member Valdivia did not think the resolution adequately addressed the costs in light of whether it will be a Ward 5 election only or a Ward 5/runoff election. Senior Assistant City Attorney Grider pointed out that the actual title of the resolution did not mention anything about the general election or the runoff election. Therefore, under the Brown Act there was not enough information posted to take that action at this time. She added that the Council could still call the Fifth Ward election for February 4, 2014, and bring back the other issues at a later date. Amended Motion: Adopt the Resolution with removal of the information pertaining to mail ballots,polling locations, and costs. Mayor and Common Council of the City of San Bernardino Page 14 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 7B. Continued. RESULT: ADOPTED [UNANIMOUS] 03:16:33 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 8. Public Comments on Items Not on the Agenda Jeff Thurman, San Bernardino, spoke about his support for Council Member Jenkins and told residents to take a deep breath and consider the good the man has done for his ward before judging what has been in the newspapers recently. Chris Aaynes, San Bernardino, spoke regarding two local fires and trespassing. Larry Guidry, San Bernardino, spoke about work he's done in Blair Park and said he and other neighborhood association members will be taking their efforts to Perris Hill Park on National Make a Difference Day, Saturday October 26, from 8 a.m. to 1 p.m. Betty Jean Long, San Bernardino, spoke about the two councilmembers mentioned in the papers and asked people to vote for a complete change of council, mayor and city attorney. John Matley, San Bernardino, spoke against the comments made by County Supervisor Josie Gonzalez earlier in the meeting. Scott Olson, San Bernardino, said it hadn't been a very good week for San Bernardino, and spoke against Josie Gonzalez' comments about being embarrassed by the City of San Bernardino. He said he doesn't care what is in the papers, Jenkins has his support. Deanna Adams, San Bernardino, said she was there to support Robert Jenkins and wondered who his opponent is. She said she had been at several candidate forums but has not met Benito Barrios. She said she received calls from Benito's campaign telling her what Robert's sins are, following the events of the past week. Linda Pederson, San Bernardino spoke about ut St. Johns Community Success Center, stating that they have more teenagers than they've ever seen and it has been challenging. They will have a games day party, with the teens taking charge of it. They've also taken advantage of the LJR Arts Academy. She thanked those who had shopped at DDs discount store in August and September, helping to raise funds for the Center, including enough for 1,500 books. Shirley Harlan, San Bernardino, spoke about the Perris Hill Park Tuesday Night Market, where she will be registering people to vote. She suggested people register online tonight to make the deadline in order to vote in the November 5 election. Mayor and Common Council of the City of San Bernardino Page 15 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 Rudy Flores, San Bernardino, spoke about how impressed he was with Virginia 0 Marquez, stating that the things she has accomplished for her ward have made a difference. Sandra Olivas, San Bernardino, spoke about how the city residents need to look at the city with the lens of JFK's admonition to ask, "not what your (city) can do for you." She mentioned various candidates' campaign statements and other campaign issues. Leo Carillo, San Bernardino, spoke about the need for quality jobs for college graduates. He said he has been speaking to students about how to graduate debt-free and giving general credit counseling. He asked those with youth-based organizations to contact him because he'd like to teach them. Jim Penman, City Attorney, spoke about how much the recall and the court case surrounding the recall was costing the city. He told people to vote no on the recall for Valdivia and McCammack and the City Attorney. He said the people behind the recall are the ones who put the city in bankruptcy. He told people to vote against the recall. Barbara Babcock, San Bernardino, said the people on the recall will make money, but ten years down the road, when businesses relocate to the city. She introduced a campaign flier that was mailed last week and said Mr. Penman was pulling the strings. Kathy Watson, San Bernardino, said this election must be difficult for people who have lived in the city for years, because they have friends on the ballot. She asked people to vote their conscience. Matt Owen, stated that he knows what it is to be falsely accused and set up by people. He also knows that Kelley is not the only one to be served with a federal search warrant and said they would know soon who was at the end of the wire. He said that process would go forward, no matter what the outcome of the recall is. A. Garcia, San Bernardino, said he'd vote for Jenkins because he is his neighbor and his friend and he knows him. Joe Mora, San Bernardino, spoke about Mayor Morris' comments to the media and public concerning the City's bankruptcy. He said the mayor knew about the problem for a while, and there aren't a lot of people other than the mayor to blame for the city's situation. He said that Penman doesn't have a vote, but the mayor has a fiduciary responsibility. 0 Mayor and Common Council of the City of San Bernardino Page 16 Printed 1012212013 Joint Regular Meeting Minutes October 21, 2013 9. Adjournment At 8:05 p.m. the meeting adjourned. 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,November 4, 2013. GEORGEANN"GIGI"HANNA City Clerk By: 9. Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 17 Printed 1012212013