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HomeMy WebLinkAbout05.B- City Clerk 5.B � DOC ID: 2798 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/02/2013 Prepared by: Georgeann"Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes -- October 7, 2013; and October 21, 2013 (#2798) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the Minutes of the Mayor and Common Council meetings of October 7, 2013; and October 21, 2013, as submitted. Synopsis of Previous Council Action: None. Background: None. Supporting Documents: 10-07-2013 Jt. Reg. (Draft)_LS_LH_gh (DOC) 10-21-2013 Jt. Reg. (Draft)_LH_LS_gh (DOC) Updated: 11/25/2013 by Georgeann"Gigi"Hanna Packet Pg. 15 OCTO ER 7 � 2013 MIN TES JTm RE LAR MEETIN RAFT) City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez oSan Bernardino, CA 92418 Robert D. Jenkins ' http://www.sbcity.org John Valdivia Fred Shorett ID Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M O N DRAFT MINUTES 2 V JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL o OF THE CITY OF SAN BERNARDINO y d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY co a� MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY I AND = J I MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING co AS THE HOUSING AUTHORITY ^I R MONDAY, OCTOBER 7, 2013 COUNCIL CHAMBER w M 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 1:07 p.m., Monday, October 7, 2013, in the c Council Chamber, 300 North "D" Street, San Bernardino, California. o T Roll Call Attendee Name Title Status Arrived t Virginia Marquez Council Member,Ward 1 1 Present 1:00 P.M. r Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. Q John Valdivia Council Member, Ward 3 Present 1:22 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 p.m. a Chas A. Kelley Council Member, Ward 5 Present 1:31 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member,Ward Present 1:20 p.m. Patrick J. Morris Mayor Present 1:00 p.m. James F. Penman City Attorn ey Present 1:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:00 p.m. Allen J. Parker City Manager Present 1:20 p.m. Mayor and Common Council of the City of San Bernardino Page] P i Packet Pg. 16 S.B.a Joint Regular Meeting Minutes October 7, 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. M T C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. c 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 d public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. co F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. i G. Conference with real property negotiator - pursuant to Government Code Section -i 54956.8. i CLOSED SESSION ANNOUNCEMENTS o Mayor Morris announced that during closed session a motion was made by Council Member Johnson, seconded by Council Member Shorett, to approve the term sheet as presented and turn in all confidential documents used in the deliberation to the City Manager. The motion carried with Kelley and Valdivia voting"no". T N City Attorney Penman stated that as had been indicated by Judge Jury, the mediation and the c term sheet is confidential and will be shared with the bankruptcy judge who is mediating the case o and with the creditors' attorneys; it will not be made public at this time. The final Plan of Adjustment will be public. E Reading of Resolutions and Ordinances .2 Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances a on the agenda. Invocation/Pledge of Allegiance The invocation was given by Dr. Alan Rosenberg of the Christian and Missionary Alliance Church. Esteban Lete, a student at Arroyo Valley High School and a member of the Sinfonia Youth Academy, led the Pledge of Allegiance and performed the National Anthem on his trumpet. Mayor and Common Council of the City of San Bernardino Page 2 Pac Pg:17 i Joint Regular Meeting Minutes October 7, 2013 2. Appointments 2A. Mayor's Office Appointment of Valerie Lichtman to the Board of Library Trustees - Mayor Patrick J. Morris Motion: Approve the appointment of Valerie Lichtman to the Board of Library Trustees as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:24:211 MOVER: John Valdivia, Council Member, Ward 3 r SECONDER: Wendy J. McCammack, Council Member,Ward 7 N L AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack U 0 3. Presentations N r 3A. Certificates of Recognition -- Carolina Beltran, Miss Cardinal 2013-14; Angela 5 Armendariz, First Runner-up; and Courtney Cash, Second Runner-up -- Council Member Jenkins o 21 3B. Presentation of San Bernardino Votes Scholarship Contest Winners and Designs City Clerk Gigi Hanna _j� N i 4. Announcements -- Chamber of Commerce and Elected Officials J� L 0 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances c N Motion: Waive full reading of resolutions and ordinances on the agenda dated o October 7, 2013. ° RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 R SECONDER: John Valdivia, Council Member, Ward 3 Q AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack --- ...........111___­____.____­_ 5B. City Clerk Council Minutes --July 1, 2013; and July 15, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of July 1, 2013; and July 15, 2013, as amended, changing Councilman Johnson's arrival time from 2 a.m. to 2 p.m. 'Timestamp is the time of motion and second,as indicated on the meeting video posted on the City website Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. l8 5. .a Joint Regular Meeting Minutes October 7, 2013 RESULT: ADOPTED [UNANIMOUS] 01:23:46 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack 5C. City Clerk Council Minutes --August 5, 2013; and August 19, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of r 0 August 5, 2013; and August 19, 2013, as submitted. N a� RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack co 5D. City Clerk N Council Minutes -- September 3, 2013; September 16, 2013; and September 23, 2013 s a� Motion: Approve the minutes of the Mayor and Common Council meetings of �I September 3, 2013; September 16, 2013; and September 23, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:22:45 0 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 w AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack M 0 N ti 5E. City Attorney ° 0 RES. 2013-272 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with Manpower, Inc. to Provide Temporary Staffing Services for the City Attorney's Office. s Motion: Adopt the Resolution. a RESULT: ADOPTED [6 TO 11 01:34:43 1 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson,McCammack NAYS: Fred Shorett Mayor and Common Council of the City of San Bernardino Page 4 ��E x, �- � it F.h�e Joint Regular Meeting Minutes October 7, 2013 SF. 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] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 M SECONDER: John Valdivia, Council Member,Ward 3 N AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack O 5G. Finance RES. 2013-273 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the City's Appropriations Limit for Fiscal Year 2012-2013 as required by Article XIII B of the California State Constitution. co Motion: Adopt the Resolution. N - - RESULT: ADOPTED [UNANIMOUS] 01:22:45 a� MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 CI AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack R L 5H. Finance RES. 2013-274 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the City's Appropriations Limit for Fiscal Year 2013-2014 as required by Article XIII B of the California State Constitution. c N Motion: Adopt the Resolution. o .- RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 E SECONDER: John Valdivia, Council Member, Ward 3 w w AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Q 5I. Finance RES. 2013-275 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submission of the Updated California Emergency Management Agency (Cal EMA) Form 130-Designation of Applicant's Agent Resolution to the State of California, California Emergency Management Agency. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg.20' ii S.B.a Joint Regular Meeting Minutes October 7, 2013 5I. Continued. RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 5J. Fire Resolution of the Mayor and Common Council of the City of San Bernardino c Authorizing the Execution of a Standard Contract Between the San Bernardino County N Fire Protection District and the City of San Bernardino for Emergency Management o Services; and Ratifying the Submittal of the 2013 Emergency Management Performance Grant and Authorizing the County to Apply for and Administer the Grant. O d Motion: Continue to October 21, 2013. 3 c RESULT: CONTINUED [UNANIMOUS] Next: 10/21/2013 2:00 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 01:35:31 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack cox J I 5K. Fire -iI RES. 2013-276 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement and Issuance of o an Annual Purchase Order to Fire Recovery USA to Provide Billing Services for Traffic a, Control and Vehicle Extrication Services Resulting from Traffic Collisions. r Motion: Adopt the Resolution. _ o _ N RESULT: ADOPTED [UNANIMOUS] 01:22:45 c MOVER. Rikke Van Johnson, Council Member, Ward 6 ° SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack E r a 5L. Human Resources RES. 2013-277 — Resolution of the City of San Bernardino Adopting an Updated Non- Discrimination, Retaliation, Workplace Harassment and Sexual Harassment Policy and Repealing Resolution No. 2006-28. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 "" Packet Pg. 21 S.B.a Joint Regular Meeting Minutes October 7, 2013 5L. Continued. .r RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 5M. Parks,Recreation & Community Services RES. 2013-278 — Resolution of the Mayor and Common Council of the City of San c Bernardino Ratifying the City Manager's Execution of an Annual Services Agreement N L Between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. o ("Agreement") to Provide Services at the Delmann Heights Community Center for the Period of July 1, 2012 through June 30, 2013; Authorizing the City Manager to Execute a O First Amendment to the Agreement Extending the Term of the Agreement through October 31, 2013; and Ratifying All Actions Taken Pursuant to the Agreement Between July 1, 2012 and Adoption of this Resolution. Motion: Adopt the Resolution. ... .d -- N RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 _j� SECONDER: John Valdivia, Council Member,Ward 3 co AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack _ji L 0 5N. Public Works o, RES. 2013-279 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Budget Appropriation in the Amount of $95,000 for a Full- Time Administrative Analyst II Position in the Public Works Department and Authorizing the Director of Administrative Services to Amend the FY 2013-14 Budget N by Transferring $40,000 from Sewer Line Maintenance Account No. 132-400-0000-5014 0 "Temporary Part-Time Salaries"to Sewer Line Maintenance Account No. 132-400-0000- ° 5011 "Permanent Full-Time Salaries" and Using $55,000 from Integrated Waste Management Account No. 527-400-0096-5011 "Miscellaneous Equipment and Supplies" E to Integrated Waste Management Account No. 527-400-0096-5011 "Permanent Full- Time Salaries." a Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 LAYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 0 Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.22! Joint Regular Meeting Minutes October 7, 2013 50. Public Works RES. 2013-280 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement with BCI Coca-Cola Bottling Company of Los Angeles dba the Coca-Cola Bottling Company of Southern California for the Exclusive Beverage Sales and Vending Rights at Certain City Locations. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member, Ward 6 r SECONDER: John Valdivia, Council Member, Ward 3 N L AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack 1 o 0 5P. Public Works N RES. 2013-281 — Resolution of the Mayor and Common Council of the City of San Bernardino Directing and Authorizing the Execution of an Amendment to the Purchase and Sale Agreement with Montecito Equities, Ltd. to Extend the Termination of Escrow for the Sale of City of San Bernardino Municipal Water Department Owned Parcel of o Real Property Generally Located Northeasterly of Meyers Road and West of Martin Ranch Road in the City of San Bernardino. a, x i Motion. Adopt the Resolution. Ji -- cn J RESULT: ADOPTED [UNANIMOUS] 01:22:45 . MOVER: Rikke Van Johnson, Council Member, Ward 6 0 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Ix M r 6. Staff Reports N ti 0 6A. City Manager Discussion and Public Comments on the City's Process of Preparing a Long-Term Adjustment Plan E Public Comments: Q Mike Potter, San Bernardino Kathy Mallon, San Bernardino Paul Sanborn, San Bernardino Rick Lindsey, San Bernardino Barbara Babcock, San Bernardino Al Palazzo, San Bernardino Pastor Eddie Jones,Jr., San Bernardino 0 No action was taken on this matter. Mayor and Common Council of the City of San Bernardino Page 8 Packet,Pg.23,,- Joint Regular Meeting Minutes October 7, 2013 6B. City Manager RES. 2013-282 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a First Amendment to Agreement Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire, Inc. for Implementation of the Mobile Home Grant Program, Deleting the Requirement that Mobile Home Units be Built After 1980 to be Eligible for the Mobile Home Grant Program. Council Member McCammack stated she would abstain on this item because Neighborhood Housing Services of the Inland Empire is a business client. She left the Council Chamber and returned after the vote was taken. r 0 N Motion: Adopt the Resolution. (D a.. RESULT: ADOPTED [6 TO 01 02:03:33 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson c ABSTAIN: Wendy J. McCammack 00 ti N 6C. Council Office a, Contracting of Fire Services XI i r Amended Cn Motion: Council Member Shorett made a motion, seconded by Council Member $� Marquez, to direct the City Manager to begin the process of soliciting 2 proposals for contracting fire services to outside agencies, including, but not limited to, Cal Fire and San Bernardino County. No vote was taken. w Public Comments: M Paul Sanborn, San Bernardino c Matt Korner, San Bernardino ti Pastor Eddie Jones, Jr., San Bernardino ° 0 Richard Lentine, City firefighter w Jim Smith, San Bernardino Al Palazzo, San Bernardino s U f6 r-. Substitute Q Motion: To table the item. RESULT- TABLED [4 TO 31 02:29:37 MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg.24' I Joint Regular Meeting Minutes October 7, 2013 6D. Council Office Waiver of $200.00 Application Fee for Property Owners that Have a Mills Act Preservation Agreement Approved by the Mayor and Common Council Public Comments: Nick Cataldo, San Bernardino Sandra Owen Olivas, San Bernardino Richard McInnis,member of the Historical Preservation Commission, Al Palazzo, San Bernardino City Manager Parker stressed the fact that at the end of the 10 years there will be M T substantial penalties of one-third of the value of the house if the property owner does not Q cm take the tax savings and put it back into the house, which means they could be in danger of losing the house. O Motion: Waive the $200 application fee for the 10 property owners that will have an approved Mills Act Preservation Agreement. r S 2 RESULT: ADOPTED [UNANIMOUS] 02:43:30 co MOVER: John Valdivia, Council Member, Ward 3 N SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack x I ,i 6E. Police RES. 2013-283 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Agreement with CCS Contractors for Emergency Repairs and o Renovation Services to the Cat Room at the San Bernardino City Animal Shelter and Authorizing the Director of Administrative Services to Increase the Current Emergency as Purchase Order. M Motion: To move the item to the consent calendar. c N ti RESULT: ADOPTED [UNANIMOUS] 01:20:08 ° MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member,Ward 3 E s AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack g - -- _-- --- Q Motion: To adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:22:45 MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg.25 i Joint Regular Meeting Minutes October 7, 2013 a .w* 6F. Police RES. 2013-284 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Increase of the FY2013/2014 Purchase Order to General Dog & Cat Hospital to $42,500.00 by Utilizing $25,000.00 from Account Number 124-210- 0003-5505 ("Animal Control Shelter Services"). Motion: Adopt the Resolution. ..........._- RESULT: ADOPTED [UNANIMOUS] 01:36:44 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 N AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson O 7. Public Comments on Items Not on the Agenda Efrain Mandafano, San Bernardino, expressed his gratitude for the relief from eviction notices that residents received at the Meadowbrook Park Towers. a N Stephanie Walker, San Bernardino, who lives at Meadowbrook Park Tower Apartments, thanked the council for heeding their cry for help. J Odessia Lindsey, San Bernardino, thanked Council Member Marquez and any council �I member who may have had a role in helping the residents at Meadowbrook Park Apartments. o Bill Sandefur, San Bernardino, said he was there to thank the council for helping the people at Meadowbrook by preventing the displacement of many disabled residents. r Cynthia Samuel, Meadowbrook Apartments, thanked the council for listening. She c stated that they learned how to work together. ti 0 Rudi Flores, San Bernardino, said he wanted to thank Council Member Marquez for ° accomplishing things on the west side that haven't been done for more than 20 years. He wished Mr. Johnson the best of luck and said he thought Johnson, with his experience, E would make a good mayor. He called the recall a farce and urged residents to vote. R w Pastor Eddie Jones, Jr., San Bernardino, said they've come a long way in the past two Q months--they studied the issues and went to the law library. They commended Council Member Marquez for her hard work. They sent letters to Washington D.C. and to HUD. The people will get relocation money. They will be able to go to a hotel and everything will be paid for while the rehab is underway. Pastor Jones thanked the City Manager, the Mayor, and the Council. Paul Sanborn, San Bernardino, thanked the Council for tabling Item No. 6C, which is a waste of money. He stated that public safety is not the cause of the bankruptcy. Mayor and Common Council of the City of San Bernardino Page I1 Packet Pg.26 III 5. .a Joint Regular Meeting Minutes October 7, 2013 Shirley Harlan, San Bernardino, stated that tonight's meeting recognized why everyone needs to vote on November 5. At the beginning of the meeting we saw the young people who will be the leaders, and at the end of the meeting we saw the constituents and what working together will accomplish. She encouraged people to register to vote. Juan Figueroa, San Bernardino, announced that at 10 a.m. on October 14, 2013, the Amtrak Neighborhood Association will be holding a brief memorial service for Officer Gerald Silvestri, who lost his life in the line of duty on October 14, 2000. The service will be held on the south side of Mill Street, where Grape and Mill Street intersect,just west of Mt. Vernon. M T Sandra Owen Olivas, San Bernardino, clarified the process of the Mills Act wherein N L property owners have to turn in their receipts annually; and announced that the San Bernardino Historical and Pioneer Society will be holding Holidays at the Heritage House on December 7, 2013. The event is free for members and $10 for non-members; however, family memberships will be available for$25. Barbara Babcock, San Bernardino, stated that absentee ballots will be mailed out this S_ week and encouraged people to study their ballots and vote. co Jim Smith, San Bernardino, stated that anyone wishing to contribute to Councilwoman y Marquez' campaign could contact him at 909-915-4785; stated that if residents want new voices,they should vote for the recall; and announced that Save San Bernardino would be =i holding a forum for City Council candidates on October 24, 2013, at Highland Avenue co and Medical Center Drive. Thomas Oquendo, San Bernardino, commented on press accounts regarding the causes 2 of the bankruptcy; stated that there is enough blame to go around the table several times; ° and implored people to go to opendoor.com to see what the council has done. Matt Korner, San Bernardino, said he is one of the 11 candidates running for mayor in the City; said he was inspired by Shirley Harlan and stressed the need to get people c engaged in the process, registered to vote, and voting; and announced the ability to ti register to vote online at rtv.sos.ca.gov/elections/register-to-vote. ° 0 Debbi Matley, San Bernardino, stated that she took umbrage with Mr. Oquendo's comments about Councilman Jenkins stating that he has been one of the best councilmen E the Second Ward has had in recent memory. w Q C Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.27= 5.B.a Joint Regular Meeting Minutes October 7, 2013 8. Adjournment The meeting adjourned at 7:49 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, October 21, 2013. GEORGEANN"GIGI"HANNA City Clerk M By N Linda Sutherland Deputy City Clerk o U O N d 3 C co O ti N >3I i J I t/) J I r.- L NN� 1.1. w M r O N I,- O O T E s U fC w Q Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 28 OCTOBER 21 , 2013 MIN TES JT . RIIEG--ULAR MEETING ( DRAFT) A 5.B.b /• � Mayor Patrick J. Morris City of San Bernardino 300 North "D" Street Council Members ` Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett •�� ED 1K Vacant Rikke Van Johnson Wendy J McCammack M O N DRAFT MINUTES 0 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL o OF THE CITY OF SAN BERNARDINO as 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 5 AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 00 as MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING y AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY i AND U) =i MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING � AS THE HOUSING AUTHORITY L MONDAY, OCTOBER 21, 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 2:08 p.m., Monday, October 21, 2013, in the r Council Chamber, 300 North "D" Street, San Bernardino, California. N T Roll Call o T Attendee Name Title Status Arrived c Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. .. E Robert D. Jenkins Council Member, Ward 2 Present 2:30 p.rn. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Q Fred Shorett Council Member, Ward 4 Present 2:00 P.M. Council Member, Ward 5 Vacant ----- Rikke Van Johnson Council Member,Ward 6 Present 2:00 p.m. Wendy J. McCammack Council Member, Ward 7 Absent ----- 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 Parker I City Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg.29 5.B.b 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 M Superior Court, Case No. CIVDS 1211433; N L Patricia Murray, et al. v. City of San Bernardino, et al. - United States District o Court, Case No. 5:13-CV-00276 TJH (OP). O 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. co C. Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision(c) of Government Code Section 54956.9: a� i City v. LMC Enterprise dba Chemco Products Co.; Cn i x Oldendorf, Nicholas v. Figueroa, Laura - San Bernardino Superior Court, Case ^i No. CIVDS 1308114. $ L D. Closed Session-personnel -pursuant to Government Code Section 54957. as 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 M r public facilities -pursuant to Government Code Section 54957. N F. Conference with labor negotiator - pursuant to Government Code Section o V_ 54957.6. c d G. Conference with real property negotiator - pursuant to Government Code Section L 54956.8. w Q Mayor Morris announced that a closed session matter had arisen after the posting of the agenda under Agenda Item No. 113, 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 0acket;Pg:30 " i 5.B.b Joint Regular Meeting Minutes October 21, 2013 Invocation and Pledge of Allegiance 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 M 3A. Student of the Month -- Brian Garibay, San Bernardino High School — Mayor N Morris and Margaret Hill of the San Bernardino City Unified School District 0 3B. LJR Arts Academy Performance --Council Member Jenkins p 3C. Proclamation--World Polio Day, October 24, 2013 -- Council Member Shorett c 3D. Certificates of Recognition and Accomplishment --Isabelle Cholbi-- Chavez Middle School Spelling Bee Champion — Mayor Morris and California Assemblyman Mike 00 Morrell N s 3E. Certificate of Recognition -- Speicher/Phoenix East Neighborhood Advisory co Association Group — Cheryl Weeks, Council Office, on behalf of Council Member -I McCammack = J I M 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. r M 5. Consent Calendar o N 5A. City Clerk 0 Waive Full Reading of Resolutions and Ordinances d Motion: Waive full reading of resolutions and ordinances on the agenda dated E October 21, 2013. 0 r 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 Packet Pg:31 S:B.b 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. M RESULT: ADOPTED [UNANIMOUS] 01:30:51 c MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson p ABSENT: Wendy J. McCammack N VACANT: Ward 5 _ __. c co 5C. Fire N 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 a� Fire Protection District and the City of San Bernardino for Emergency Management _i Services; and Ratifying the Submittal of the 2013 Emergency Management Performance J Grant and Authorizing the County to Apply for and Administer the Grant. (Continued ! from October 7 2013 0 Motion: Continue to November 4, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 11/4/2013 2:00 PM M MOVER: John Valdivia, Council Member, Ward 3 01:24:51 0 SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson o ABSENT: Wendy J. McCammack VACANT: Ward 5 E - ----- -- ...... - m Q 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 Amend the Budget. It was noted that funding for the position would come from Integrated Waste Management funds and not the General Fund. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.32 5.B.b Joint Regular Meeting Minutes October 21, 2013 C) SD. Continued 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 r N L d 5E. Human Resources U RES. 2013-286 - Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing Revisions to the Accountant III Job Description. w Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:51 ti MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 Cn AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson �I ABSENT: Wendy J. McCammack = J VACANT: Ward 5 �a 0 6) d 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 c Within the Civil Service Department. `V r N Motion: Adopt the Resolution. c (D RESULT: ADOPTED [4 TO 11 01:39:43 MOVER: Fred Shorett, Council Member, Ward 4 r SECONDER: Virginia Marquez, Council Member,Ward 1 Q 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 Packet'Pg. 33' i 5.B,b 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 i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson r ABSENT: Wendy J. McCammack N VACANT: Ward 5 0 O 5H. Human Resources RES. 2013-289 - Resolution of the Mayor and Common Council of the City of San c 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, N Recreation and Community Services. N Motion: Adopt the Resolution. UI RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 0 AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 _ T N r N 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 E Fire Prevention Officer Within the Fire Department. Q 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 6 s�,„fti y , _,pOCIS� 9 4" .. 5.B.b Joint Regular Meeting Minutes October 21, 2013 on% 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 I T SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack ° VACANT: Ward 5 0 as ° 5K. Parks, Recreation & Community Services RES. 2013-292 - Resolution of the Mayor and Common Council of the City of San co Bernardino Authorizing the City Manager to Execute the Third Amendment to the FAS N 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. Ui J Motion: Adopt the Resolution. �I RESULT: ADOPTED [UNANIMOUS] 01:24:51 2 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 N _ 5L. Police d 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 Q Bernardino. Motion: Adopt the Resolution. Mayor and Common Council of the City ofSan Bernardino Page 7 Packet Pg'.35 5.B.b 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 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 M T 5M. Police `L RES. 2013-294 - Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Execution of Vendor Service Agreements with Quick PC o 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. Motion: Adopt the Resolution. co RESULT: ADOPTED [UNANIMOUS] 01:24:51 N MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 Cni AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack � VACANT: Ward 5 0 o: 5N. Police RES. 2013-295 - Resolution of the Mayor and Common Council of the City of San c 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 N Association for the Purpose of Addressing the Crime Impact of Public Safety Realignment(AB 109). aD E 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 0 .............. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 36 Joint Regular Meeting Minutes October 21, 2013 C) 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 M MOVER: John Valdivia, Council Member, Ward 3 N SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson 0 ABSENT: Wendy J. McCammack VACANT: Ward 5 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 co was taken. °' N Motion 2: Adopt the Resolution with Exhibit "C V. a, _ C� RESULT: ADOPTED [4 TO 01 01:46:32 =I 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 o ABSTAIN: Virginia Marquez ABSENT: Wendy J. McCammack VACANT: Ward 5 M N Council Member Valdivia stated that he owns property in the Exhibit "C2" area; N therefore,he would abstain. He left the Council Chamber and returned after the vote was c taken. c d Motion 3: Adopt the Resolution with Exhibit"C2." v --- ca .r RESULT: ADOPTED 14 TO 01 01:47:32 Q 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 ABSTAIN: John Valdivia ABSENT: Wendy J. McCammack VACANT: Ward 5 Mayor and Common Council of the City of San Bernardino Page 9 5.B.b Joint Regular Meeting Minutes October 21, 2013 50. Continued. City Attorney Penman stated that his wife has an interest in property located in the 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 M T AYES: Marquez,Jenkins, Valdivia, Shorett, Johnson N ABSENT: Wendy J. McCammack VACANT: Ward 5 ° O N .4: 5P. Public Works c 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 rn Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. i Motion: Adopt the Resolution. _j i J� RESULT: ADOPTED [UNANIMOUS] 01:24:51 MOVER: John Valdivia, Council Member, Ward 3 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson ABSENT: Wendy J. McCammack VACANT: Ward 5 r o ..... N O 5Q. Public Works w RES. 2013-298 - 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$137,500 with Three (3) One-Year Extensions at the w City's Option to Star Auto Parts of San Bernardino Pursuant to Section 3.04.010-133 of Q the Municipal Code. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 u 5.B.b 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 _. —_ _ _---- _...._.... _... M r O N 5R. Public Works RES. 2013-299 - Resolution of the Mayor and Common Council of the City of San 2 Bernardino Authorizing the Mayor to Execute an Agreement Relative to the Purchase of 0 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. a RESULT: ADOPTED [UNANIMOUS] 01:53:22 _ MOVER: John Valdivia, Council Member, Ward 3 C� J SECONDER: Virginia Marquez, Council Member, Ward 1 x AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson _ji ABSENT: Wendy J. McCammack v VACANT: Ward 5 ° d i 5S. Public Works M RES. 2013-300 Resolution of the Mayor and Common Council of the City of San N Bernardino Awarding a Contract to All American Asphalt, Corona, California, for C14 Pavement Rehabilitation on Three City Streets: Del Rosa Avenue, from Pumalo Street to ° Date Street (East), Plan No. 12819 (SS 12-007); Highland Avenue, from Cedar Street to Golden Avenue, Plan No. 12820 (SS12-014); and Mt. Vernon Avenue, from Grant E Avenue to Northerly of Walnut Street, Plan No. 12994 (SS14-005); and Authorizing the Appropriation of Additional funds; and Authorizing the Director of Administrative Q Services to Change the Adopted FY 2013-14 Budget. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page I1 Packet Pg.39 , 5.B.b 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 M r O N L 6. Staff Reports c 0 0 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 c and Authorizing the San Bernardino Police Department to Accept and Administer the Grant Upon Award. o N Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:03:25 -' i MOVER: John Valdivia, Council Member, Ward 3 i SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson o ABSENT: Wendy J. McCammack VACANT: Ward 5 Ciw M r O I T !I 7. Added Staff Reports o T W 7A. Council Office Contracting of Fire Services w Staff clarified that this was only for Fire Services and had nothing to do with the Police Q 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 � u,, 5.B.b 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 0 John Matley, San Bernardino L' Lillice Andreson, San Bernardino 0 Scott Olson, San Bernardino 0 Deanna Adams, San Bernardino ; Jim Eble, San Bernardino Anthony Jones, San Bernardino Substitute co Motion: To ask the City Manager to research and bring back proposals that market N our City fire personnel. t RESULT: FAILED [2 TO 31 02:45:15 co J _ MOVER: Robert D. Jenkins, Council Member, Ward 2 =� J SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins,John Valdivia 2 NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson 0 ABSENT: Wendy J. McCammack VACANT: Ward 5 - M r O Council Member Johnson pointed out that constant manning is one of the problems in the r Fire Department that accounts for the amount of overtime—that they still need to get rid c of that constant manning stipulation. w C d Motion: Direct the City Manager to begin the process of soliciting proposals for s outsourcing fire services to outside agencies, including but not limited to a Cal Fire and San Bernardino County; and also research and bring back a proposals that market our fire services to surrounding agencies. RESULT: FAILED [3 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 5.B.b Joint Regular Meeting Minutes October 21, 2013 713. 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 c number of seniors whose signatures have changed, resulting in their ballots not being N counted. He stated that if staff removed the mail ballot caveat, he would then support this o item. He suggested having one or two polling locations in the City in addition to the mail ballots. , N d 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. co M ti Mayor Morris clarified that the motion was to have both a mail-in ballot, as well as N polling place opportunities, for an election to be held the first week in February, with a 0) minimum of two polling places for those who do not want to use mail-in ballots. N J I 2 Public Comments I Shirley Harlan, San Bernardino L Council Member Valdivia did not think the resolution adequately addressed the costs in a, light of whether it will be a Ward 5 election only or a Ward 5/runoff election. w 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 N the Brown Act there was not enough information posted to take that action at this time. N 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. d E Amended Motion: Adopt the Resolution with removal of the information pertaining to mail a ballots,polling locations, and costs. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg.42 5.B.b 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 o N 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. o 0 Chris Aaynes, San Bernardino, spoke regarding two local fires and trespassing. c 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 co Park on National Make a Difference Day, Saturday October 26, from 8 a.m. to 1 p.m. N 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. _� i John Matley, San Bernardino, spoke against the comments made by County Supervisor Josie Gonzalez earlier in the meeting. o 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. r 0 N Deanna Adams, San Bernardino, said she was there to support Robert Jenkins and N 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 St. Johns Community Success Center, w stating that they have more teenagers than they've ever seen and it has been challenging. Q 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 Packet Pg.43-' 5.B.b Joint Regular Meeting Minutes October 21, 2013 Rudy Flores, San Bernardino, spoke about how impressed he was with Virginia 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. 0 N 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 2 Valdivia and McCammack and the City Attorney. He said the people behind the recall 0 are the ones who put the city in bankruptcy. He told people to vote against the recall. d 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. a N 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 Ni vote their conscience. x J 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. d A. Garcia, San Bernardino, said he'd vote for Jenkins because he is his neighbor and his friend and he knows him. 0 N Joe Mora, San Bernardino, spoke about Mayor Morris' comments to the media and N 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 E responsibility. w Q Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg.44 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 M By: c cm Linda E. Hartzel Deputy City Clerk o O N 3 C O O r- N Z C1 I J I 2 J I cv L w M r O N r N O r w C E t V r w Q Mayor and Common Council of the City of San Bernardino Page 17 Packet Pg.45