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Home My WebLink About11-04-2013 Jt. Reg Mtg Minutes •:.' ■ ,�, Mayor Patrick J. Morris a City of San Bernardino 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins ht ://www.sbcit .or � y g 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 1 AS THE HOUSING AUTHORITY MONDAY, NOVEMBER 4, 2013 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino i was called to order by Mayor Patrick J. Morris at 3:08 p.m., Monday, November 4, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, CA. (Note: At 2:00 p.m., City Clerk Hanna made an announcement that the start time for the Council meeting had been delayed from 2:00 p.m. to 3:00 p.m.) Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 3:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present, 3:00 p.m. John Valdivia Council Member, Ward 3 Present 4:00 p.m. - _.... m. .._.. - Present i 3 00 p m. � Fred Shorett _ � Council Member Ward 4 --- - - - Council Member, Ward 5 Vacant ---------- Rikke Van Johnson Council Member Ward 6 Present 3:00 p.m. _. _.. _ _ .._r WepgJ. McCammack -Council Member, Ward 7 Present 3:00 p.m. Patrick J. Morris Mavor Present 3.00 P•m. _.. _ James F. Penman City Attorney Present 3.•00 p.m. M�. _. Georgeann "Gigi" Hanna City Clerk Present 3:00 m Allen J. Parker City Manager Present 3:02 p.m. Mayor and Common Council of the City of San Bernardino Page] Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 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. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session -personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. 1 G, conference with real property negotiator: Offer to purchase property held by Affordable Housing Solutions at 1420 Wall Street, San Bernardino. Mr. Penman advised that according to Chapters 2.65.020 and 2.65.040 of the Municipal Code, the property shall be sold by competitive bid to the highest and best bidder,but the sales price shall not be less than the fair market value; and a formal appraisal shall be performed by a licensed appraiser who is not a City employee. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Sandra Tice from First Presbyterian Church of San Bernardino. The Pledge of Allegiance was led by Samantha Trujillo, a student from Emmerton Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1111912013 Joint Regular Meeting Minutes November 4, 2013 2. Appointments There were no commission appointments. 3. Presentations There were no presentations. 4. Announcements — Chamber of Commerce & Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated November 4, 2013. RESULT: ADOPTED [UNANIMOUS] 00:26:351 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack j VACANT: Ward 5 5B. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. _ ......... ....... RESULT: ADOPTED [UNANIMOUS] 00:26:35 t MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack f 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 0 Grant and Authorizing the County to Apply for and Administer the Grant. (Continued from October 21, 2013) 1 Timestamp indicates when the motion/second were made,according to meeting video posted on the City web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 Motion: Continue to November 18, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 11/18/2013 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 00:29:17 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5D. Public Works RES. 2013-303 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of an Agreement with the County of San Bernardino for the Maintenance of a Portion of Old Waterman Canyon Road, Lying Outside of the Area Annexed to the City as Annexation No. 360 in the Arrowhead Springs Area. Motion: Adopt the Resolution. _ ............ .................. .. RESULT: ADOPTED [UNANIMOUS] 00.26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5E. Public Works RES. 2013-304 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2014-1155 for a Total of$100,000 with Two (2) One-Year Extensions at the City's Option to Fleet Pride of Ontario for Heavy Duty Truck Parts and Supplies. Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT ADOPTED [UNANIMOUS] 00:37:54 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 i 5F. Public Works RES. 2013-305 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order 2014-130 for an Amount Not to Exceed $45,000 with Two (2) One-Year Extensions at the City's Option to Colton Truck Supply of San Bernardino for Heavy Duty Truck Parts and Supplies. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. .. __.._. RESULT: ADOPTED [UNANIMOUS] 00.37:54 4 MOVER: Wendy J. McCammack, Council Member, Ward 7 E SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5G. Public Works RES. 2013-306 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Contract Change Order Nos. 1 and 2 to Sean Malek Engineering and Construction for Old Waterman Canyon Bridge Repairs (SS07-014) Per Plan No. 11304. Motion: Adopt the Resolution. _.. _ ..................... _ ....... ......... RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5H. Public Works RES. 2013-307 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of Easements and Quitclaim Deeds from Inland Valley Development Agency (IVDA) for Street and Highway Purposes for Portions of Tippecanoe Avenue, Central Avenue, and Lena Road. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: Rikke Van Johnson, Council Member, Ward 6 f AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5I. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a License Agreement Between the City of San Bernardino, San Bernardino Associated Governments (SANBAG), and Omnitrans for the Construction and Maintenance of Public Improvements Installed in the Railroad Right of Way Related to the SbX Bus Project. (Continued from September 16, 2013) Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 Council Member McCammack stated she would abstain on this item. Motion: Table. RESULT: TABLED [5 TO O] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSTAIN: Wendy J. McCammack VACANT: Ward 5 5J. Public Works RES. 2013-308 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of an Annual Purchase Order in the Amount of $34,200 for FY 13/14 and $65,000 for Option Years One through Four with Four (4) One-Year Extensions at the City's Option to Unisource Worldwide, Inc. for the Purchase of Janitorial Products & Supplies. Motion: Adopt the Resolution. RESULT: ADOPTED UNANIMOUS AV% [ ] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 5K. Public Works RES. 2013-309 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Increase to Purchase Order 2014-192 to a Total Amount Not to Exceed $50,000 with Two (2) One-Year Extensions at the City's Option to HREM INC. for the Fabrication and Repair of Refuse Truck Bodies, Floors, and Street Sweepers, Parts and Supplies as Needed Pursuant to Section 3.04.010-B3 of the Municipal Code. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 0 1 Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/1912013 i Joint Regular Meeting Minutes November 4, 2013 5L. Public Works RES. 2013-310 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to Fortel Traffic, Inc. for the Purchase of Solar-Powered Speed Feedback Signs (TC 08- 003), Per Request for Bid(RFB 12997). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 ..__ . 5M. Successor Agency RES. 2013-311 — 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 0 at 150 East Third Street, San Bernardino, California. Council Member Marquez stated she would abstain on this item because 150 E. Third Street is her neighbor and it's within 500 feet of her residence. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Jenkins, Valdivia, Shorett, Johnson, McCammack ABSTAIN: Virginia Marquez VACANT Ward 5 _ _._ 5N. Successor Agency RES. 2013-312 — 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 2474 Cheryle Court, San Bernardino, California. 0 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11119/2013 Joint Regular Meeting Minutes November 4, 2013 _ _ �_.___ �.. (of i RESULT: ADOPTED [UNANIMOUS] 00:26:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 .______.......__._____.............. 6. Staff Reports 6A. City Clerk An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 2.57 to the San Bernardino Municipal Code Regarding Online or Electronic Filing of Fair Political Practices Commission Form 460s. (FIRST READING) Motion: Council Member Shorett made a motion, seconded by Council Member Johnson, that the Ordinance be laid over for final adoption. No vote was taken. Public Comments: Scott Olson, San Bernardino Robert Rego, San Bernardino Substitute Motion: Council Member McCammack made a motion, seconded by Council Member Valdivia, to adopt the ordinance with the provision that forms due after February 1, 2014 be part of this mandatory system, with a one year dual track and a six-month probationary period for new committees. City Attorney Penman requested that the item be continued to November 18, 2013, to allow his staff sufficient time to prepare the ordinance. Council Member McCammack withdrew her motion. Substitute Motion: Council Member McCammack made a motion, seconded by Council Member Valdivia, to continue to November 18, 2013, to include the caveats for a one year dual track and a six-month probationary period. Council Member Johnson suggested that the item be continued to February 3, 2014. Council Members McCammack and Valdivia agreed to the amendment. Amended Substitute 0 Motion: Continue to February 3, 2014, and include caveats for a one year dual track and a six-month probationary period. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 2/3/2014 2:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 01:03:35 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 ....... ........ .. --_.......... ._ 6B. City Clerk RES. 2013-313 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Procedure for Conducting the Special Election to Fill the Vacancy in the Fifth Ward Council Seat for Tuesday, February 4, 2014 and Authorizing the Prepayment of the Costs Estimated for Said Election to the County of San Bernardino. Motion: Adopt Resolution B (Traditional Polling Place Election). RESULT: ADOPTED [UNANIMOUS] 01:18:26 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 6C. Council Office Contracting of Fire Services Public Comments: Jay Lindberg, San Bernardino Ron Coats, San Bernardino Paul Sanborn, San Bernardino Scott Olson, San Bernardino Sandra Olivas, San Bernardino Anthony Jones, San Bernardino Barbara Babcock, San Bernardino Pastor Eddie Jones, San Bernardino Motion: 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 9 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 RESULT: FAILED 13 TO 21 01:23:56 E MOVER: Fred Shorett, Council Member, Ward 4 1 SECONDER: Virginia Marquez, Council Member, Ward 1 j AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 6D. Fire Ordinance of the City of San Bernardino Amending Chapter 15.16 of the San Bernardino Municipal Code and Adopting the 2013 California Fire Code, with Appendices, and Incorporating by Reference the 2012 Edition of the International Fire Code and Necessary California Amendments, Together with California Code of Regulations, Title 24. (FIRST READING) Motion: Lay over Ordinance for final adoption. .. ....... ......... ....... RESULT: FIRST READING [UNANIMOUS] Next: 11/18/2013 2:00 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 01:50:26 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack VACANT: Ward 5 _...... .. ........ 7. Public Comments on Items Not on the Agenda Kenneth Baines, San Bernardino, spoke about City policy that is causing problems. When police are called, they don't come out because they don't think it's an important issue. Bill Sandefur, San Bernardino, spoke in support of Virginia Marquez for the help she gave the tenants of the Meadowbrook Park& Tower Apartments. Lonnie Tuff, San Bernardino, thanked the mayor and Council Member Marquez for the help they gave to the residents of the Meadowbrook Park&Tower Apartments. Don Levin, San Bernardino, spoke about how Council Member Marquez helped the tenants at Meadowbrook Park & Tower Apartments and helped make a bad situation good and said she deserves to keep her seat on the Council. Pastor Eddie Jones, San Bernardino, thanked the city manager and Council Member Marquez for her work on the Meadowbrook Towers issue, for praying with them and 0 talking to them; and said he opened his office of the San Bernardino Civil Rights Association, at 255 N. "D" Street, in the public defender's building. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/19/2013 Joint Regular Meeting Minutes November 4, 2013 David Armstrong, Long Beach, spoke about having a stalking problem by a lieutenant in the San Bernardino Sheriffs Department since 2008. He stated that he was seeking an audience with the San Bernardino Chief of Police to discuss the matter. Kathy Pinegar, San Bernardino, stated that she was running for the Fourth Ward Council seat, and that she has a plan for San Bernardino. She said people are not aware of who Mr. Shorett is and handed him a"Three-Day Pay or Quit"notice. Larry Guidry, San Bernardino, representative of the Neighborhood Association Council, formerly known as the Neighborhood Cluster Association, spoke about the recent cleanup of Perris Hill Park. He thanked all the volunteers for making a difference and also thanked City workers who participated. Carol Donnelly, San Bernardino, Founder of COPS (Citizens Offering Police Support), asked if the City could paint over the sign on Kendall by the Castaway Restaurant that reads "All-America City of 1977"; and said she could not support anyone who wants to outsource police or fire. Nick Gonzalez, San Bernardino, spoke about the sbX project and City pensions and asked residents to vote "yes" on the recall and for Nick Gonzalez for 7th Ward Councilman. Jay Lindberg, San Bernardino, said he would have enjoyed getting into the election battle, had his neighborhood been annexed into the City; and he explained how the City got into the situation it now finds itself in. Margaret Hill, Highland, stated that she admires all the incumbents and the candidates running for office. She said the City does not belong to seven council members, a mayor, a city attorney, a clerk and a city manager—it belongs to all of us. We have a role to play and we need to start today. We have to do a little bit more than come down here the first and third Monday and complain. We need to shape up, and if you're not willing to shape up, you should ship out. Barbara Babcock, San Bernardino, stated that this is perhaps the biggest election the City has ever had and read an article from the El Chicano Weekly relating to their endorsement of candidates. Matt Korner, San Bernardino, announced that he is one of the candidates for Mayor and stated that he has not accepted any money from any interests that conflict with those of the citizens of this City, nor has he accepted any donations of more than $100. He asked if Mrs. McCammack would accept donations from fire unions in a potential run-off, and if she would make Mr. Penman chief of staff if she is elected Mayor. Sandra Olivas, San Bernardino, announced that Pioneer Days will be held on January 18, 2014, at the Santa Fe Depot from 10 a.m. to 3 p.m. 0 Jeff Thurman, San Bernardino, apologized for yelling from the audience earlier in the meeting. He stated that he could not accept the fact that Mrs. McCammack refused to vote on an item and he admired Mr. Shorett for bringing the issue back. Mayor and Common Council of the City of San Bernardino Page I I Printed 11/19/2013 F y Joint Regular Meeting Minutes November 4, 2013 Wendy McCammack, San Bernardino, said she was compelled to speak as a resident, property owner, taxpayer and as a human being because she acts with the courage of her convictions and will continue to do so and will stand proudly by her votes. She stated that she did not vote because she was asked by 5ch Ward residents to make sure there wasn't a tie that the mayor could break. Deanna Adams, San Bernardino, urged people to vote "no" on the recall and to re-elect Councilman Jenkins. 8. Adjournment The meeting adjourned at 7:02 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,November 18, 2013. GEORGEANN"GIGI"HANNA City Clerk By G � Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 11/19/2013