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HomeMy WebLinkAbout11-07-2011 Jt. Reg MtgCity of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 712011 COUNCIL CHAMBERS Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Moms at 1:35 PM, Monday, November 7, 2011, in the ® Council Chambers, 300 North "D" Street, SanBernardino, CA. Call to Order Attendee Name Title Status Arrived Patrick J. Morris Mayor Present Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Late 1:53 PM Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Rachel G. Clark City_ Clerk Present Charles McNeely City Manager Present 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). Mayor and Common Council of the City of San Bernardino Page I Printed 1211212011 G X ular Meeting Minutes November 7, 2011 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: Kendall Plaza 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: Fire Safety 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 case would be discussed under Agenda Item No. 1 A, existing litigation: San Bernardino Citv Professional Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino, San Bernardino City Council; Does 1-10, inclusive; City of San Bernardino and San Bernardino City Council v. San Bernardino City Professional Firefighters, Local 891; Richard "Scott" Moss - San Bernardino County Superior Court, Case No. CIVDS 1102415; and Under Agenda Item 1B, Kendall Plaza should be shown as: Kendall Plaza LLC v. City of San Bernardino Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the regular agenda of the Mayor and Common Council. Moment of Silence A moment of silence was observed in memory of Police Officer Daniel Clark, Dr. Harry Pachon, and James Ragan. Invocation/Pledge of Allegiance The invocation was given by Pastor Joshua Beckley of Ecclesia Christian Fellowship. The pledge of allegiance was led by Anika Kisling, a fifth grade student at Bonnie Oehl Elementary School. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 1211212011 lar Meeting Minutes November 7, 2011 2. Appointments A. Mayor's Office Appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative) Motion: Approve appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative), as requested by Mayor Morris. RESULT: ADOPTED [6 TO 0] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack AWAY: Chas A. Kelley 3. Presentations A. Third Quarter Employee Recognition Award The following individuals, all employees of the Community Development Department, were awarded Third Quarter Employee Recognition Awards by Margo Wheeler, Director of Community Development: Award for Leadership - Joe Lease, ® Award for Customer Service - Laurie McElroy, Award for Teamwork & Partnership - Carrie Rios (not present) B. SB Direct Update Rebekah Kramer, SB Direct Supervisor, provided an initial report on the SB Direct activities, including a brief synopsis of the number and type of calls received. Due to apparent inconsistencies in the report, Council Member McCammack asked that a corrected report be provided to the Council members. C. Certificate of Commendation - Dr. Aaron Moffett, Associate Professor of Kinesiology at CSUSB - Council Member Kelley Council Member Kelley presented a Proclamation of Commendation to Dr. Aaron Moffett, Associate Professor at CSUSB, for his work with the DisAbility Sports Festival. D. Certificate of Commendation - 60+ Year Business Owner in the Community - Council Member McCammack Council Member McCammack honored Tony Trozera, long-time business owner of "The Mug" Restaurant, 1588 W. Highland Avenue, by proclaiming today, November 7, 2011, as Tony Trozera Day in the City of San Bernardino. EO Mayor and Common Council of the City of San Bernardino Page 3 Printed 1211212011 Minutes November 7, 2011 i E. Visiting Nurses Association Month Mayor Moms presented a proclamation designating November as Home Health Care, Hospice and Palliative Care Month to Jill Eaton, Executive Director of the Visiting Nurses Association. F. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: That full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council dated November 7, 2011, be waived. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. City Attorney RES -2011-286 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Arias & Lockwood and the City of San Bernardino for Legal Services in the Case of E.M.W., a Minor, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1110870. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 4 Printed 12/12/2011 Regular Meeting Minutes November 7, 2011 C. City Attorney RES -2011-287 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in the Case of Jose Munoz v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1110863. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack D. City Attorney RES -2011-288 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for Legal Services in the Case of Rovinksi Renter v. City of San Bernardino, et al., United States District Court Case No. Cv 11-07222 GAF (CWx). Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack E. City Clerk Council Minutes Motion: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 21, 2011 (Distributed November 2, 2011) August 1, 2011 (Distributed November 1, 2011) August 15, 2011 (Distributed November 2, 2011) September 6, 2011 (Distributed November 2, 2011) _.._ RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City ofSan Bernardino Page 5 Printed 12 12 2011 Regular Meeting Minutes November 7, 2011 F. Civil Service Personnel Actions - Classified �i Motion: That 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, be approved and ratified. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack G. Community Development MC -1367 An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 19.06.025 "Prohibited Uses" of the Municipal Code (Development Code) to Permit Single -Price Overstock/Discount Stores, Self -Service Laundry Facilities and Party Supply Stores Meeting Minimum Floor Area Standards in Commercial Land Use Districts Subject to a Conditional Use Permit. Motion: That said ordinance be adopted. --.. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack H. Community Development RES -2011-292 Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement by and Among Omnitrans, the San Bernardino Associated Governments, the City of San Bernardino, and the San Bernardino Economic Development Corporation Regarding the Planning, Design, Construction, Operation, and Maintenance of the San Bernardino Transit Center. Council Member McCammack stated she would abstain because Omnitrans is one of her business clients. Public Comments: Matt Korner, San Bernardino, CA. Motion: That said resolution be adopted. [A Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 12112/2011 Regular Meeting Minutes November 7, 2011 RESULT: ADOPTED 15 TO 11 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson NAYS: Chas A. Kelley ABSTAIN: Wendy J. McCammack OD A I. Finance Approval of Commercial Checks and Payroll Checks Motion: That the claims and payroll and the authorization to issue warrants as listed be approved. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack J. Human Resources Establishment of Salaries for Fire Department Ranges P-1, P-2, P-3 and P-4, Effective August 1, 2011. Public Comments: Paul Sanborn, San Bernardino, CA. RESULT: CONTINUED 16 TO 11 Next: 12/5/20111-.30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson NAYS: Wendy J. McCammack K. Human Resources Establishment of Salaries for Fire Department Ranges P-5, P-6 and P-7, Effective August 1, 2011. Public Comments: Paul Sanborn, San Bernardino, CA. Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 12112/2011 Regular Meeting Minutes November 7, 2011 RESULT: CONTINUED 16 TO 11 Next: 12/5/20111:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson NAYS: Wendy J. McCammack L. Human Resources Personnel Actions - Unclassified Motion: That the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures, be approved and ratified. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack M. Human Resources Resolution Authorizing the Execution of Amendment No. 2 to the Consultant Services Agreement Between Atkinson, Andelson, Loya, Ruud, and Romo and the City of San Bernardino for Labor Negotiator Services in the Human Resources Department. Council Member Jenkins pointed out that there was no contract or Request for Proposal in the backup materials. Both Council Members Jenkins and McCammack wanted to see the original contract before approving the item. Ms. McCammack questioned how much was spent last fiscal year and how much had been spent this fiscal year on this contract. City Attorney Penman spoke regarding contract illegalities and cautioned the Council members that before they vote on any contracts they should be asking a lot of questions and asking to see the contract documents. RESULT: CONTINUED [5 TO 1] Next: 11/21/20111:30 PM MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, McCammack NAYS: Chas A. Kelley ABSTAIN: Rikke Van Johnson V Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 1211212011 Regular Meeting Minutes November 7, 2011 N Iq N. Parks, Recreation & Community Services RES -2011-293 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue a Change Order to Increase Purchase Order No. 301791 by $29,572 to $164,872 to RHA Landscape Architects - Planners, Inc., for the Expanded Design and Engineering of the Nunez Park/Ruben Campos Community Center Outdoor Pavilion Per Capital Improvement Project PR04-38. Motion: RESULT: MOVER: SECONDER: AYES: ABSTAIN: AWAY: O. Police That said resolution be adopted. ADOPTED [5 TO 01 Virginia Marquez, Council Member, Ward 1 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Johnson Wendy J. McCammack Chas A. Kelley RES -2011-289 Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Application For and Authorizing the Police Department to Accept and Implement, If Awarded, a Driving Under the Influence (DUI) Mini Grant from the State of California Office of Traffic Safety in the Amount of $89,568.02. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack P. Public Works Authorization to Proceed and Approval of Plan No. 12831 — Proposed vacation of an east -west alley south of Adell Street, between "I" Street and the I-215 Freeway. Motion 1: That the Public Works Director and the City Clerk be authorized to proceed with the proposed vacation of an east -west alley south of Adell Street, between "P' Street and the I-215 Freeway; and Motion 2: That Plan No. 12831 showing the proposed vacation of an east -west alley south of Adell Street, between "P' Street and the I-215 Freeway, be approved. Mayor and Common Council of the City ojSan Bernardino Page 9 Printed 1211212011 Reaular Meetinq Minutes November 7, 2011 r EO RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Q. Public Works RES -2011-297 Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five -Year Capital Improvement Program (2011-2016) for Measure "P' Local Expenditures Senior Deputy City Attorney Empefto advised that it had been determined that Council Member Jenkins does not reside within 500 feet of any project. Council Member Brinker stated that he would abstain from voting on Exhibit C because his home is within 500 feet of Project SSO4-051 - Hunts Lane at UPRR ("Union Pacific Railroad") (Construct Grade Separation). Motion 1: That the Director of Finance be authorized to amend the FY 2011/2012 Budget reducing the funding amount allocated from Fund 129 (Measure I) for Street and Street Light Maintenance from $1,350,000 to $805,000 and to allocate an additional $545,000 toward Street and Street Light Maintenance from the unallocated balance of Fund 126 (Highway Users Tax Account) for a total amount of $4,165,000; and RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion 2: That said resolution be adopted with Exhibits A and B; and RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion 3: That said resolution be adopted with Exhibit C (Councilmember Brinker abstains). Mayor and Common Council of the City of San Bernardino Page 10 Printed 12112/2011 Regular Meeting Minutes November 7, 2011 RESULT: MOVER: SECONDER: AYES: ABSTAIN: ADOPTED 16 TO 01 Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack Tobin Brinker R. Public Works RES -2011-294 Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 7 to Services Agreement with ICF Jones & Stokes for Provision of Professional Environmental Services for the Design of the Mt. Vernon Avenue Viaduct Over the BNSF Railroad. Council Member McCammack noted that this was amendment #7 and questioned whether there had been a problem with the bid from the beginning. Robert Eisenbeisz, City Engineer, advised that Caltrans had additional requirements that required compliance, one of which involved completing the environmental assessment. Motion: That said resolution be adopted. RESULT: ADOPTED 16 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson NAYS: Wendy J. McCammack S. Public Works RES -2011-290 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern California Edison Company Across City Owned Property Relative to Electrical Service for the Verdemont Community Center Located at Al Guhin Park. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 11 Printed 12112/2011 Regular Meeting Minutes November 7, 2011 T. Public Works RES -2011-291 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute and Administer the Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack U. Public Works RES -2011-295 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 with One One -Year Extension at the City's Option to Willdan to Execute and Administer the Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack V. Public Works RES -2011-296 Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Cal Stripe, Inc., for Annual City -Wide Maintenance Services Contract for Traffic Striping and Pavement Marking (2011-2012), Special Provisions No. 11329. Council Member McCammack pointed out that this work used to be done by City crews. She asked if an analysis could be done of what this would have cost if City crews performed the work. City Manager McNeeely answered that if the Council wanted staff to do a comparative analysis, then they would do it. Ms. McCammack asked the other Council members for their input and the consensus was to ask staff to perform a comparative analysis of costs if City crews were to perform the work. Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 1211212011 Regular Meeting Minutes November 7, 2011 Council Member Kelley verified that this contact was for striping and crosswalks and verified that the following locations should be included: • Northpark Boulevard going east from University Parkway - they did pavement rehabilitation and utility cuts and now need to paint School Ahead; • 48h and Little Mountain - crosswalks at all four crossings; Kendall east of Fire Station - crosswalks restriped; • College Drive - stop bars need to be redone. Council Member Johnson stated that Mill and "E" Street needs to be restriped and marked. Council Member McCammack indicated that the curve on Valencia and Fremontia also needed marking. Motion: That said resolution be adopted; and that the City Manager be directed to provide the Council a comparative analysis of costs if City crews were to perform the work. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 6. Public Hearings A. Human Resources Impasse Hearing - San Bernardino Fire Safety Employee Negotiations RESULT: CONTINUED [UNANIMOUS] Next: 12/5/20111:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 7. Staff Reports A. City Manager RES -2011-299 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposal for Municipal Code Codification Services. Public Comments: Matt Korner, San Bernardino, CA. ® Esther Jimenez, San Bernardino, CA. Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 13 Printed 1211212011 Regular Meeting Minutes November 7, 20 RESULT: ADOPTED [4 TO 31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack B. Community Development Approval and Implementation of a General Plan Meeting Outreach Program by the Community Development Department. Motion: That the General Plan meeting outreach program be approved and the City Manager be directed to implement the program. RESULT: TABLED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack C. Council Office Campaign Contribution Limits \� Public Comments: Matt Korner, San Bernardino, CA. Motion: That the matter be discussed and referred to the Legislative Review Committee to prepare a charter amendment that would establish campaign contribution limits from individuals, political action committees, and businesses to all candidates for City elected offices, expenditure limits for all such candidates, and disclosure requirements for independent expenditure committees. RESULT: ADOPTED 14 TO 2] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, Chas A. Kelley ABSTAIN: Wendy J. McCammack D. Mayor's Office o RES -2011-298 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into an MOU with the South Coast Air Quality Management District, SCAQMD, to Support the Clean Community Plan. Mayor and Common Council of the City of San Bernardino Page 14 Printed 1211212011 ular Meeting Minutes November 7, 2011 Casey Dailey, Assistant to the Mayor, gave a PowerPoint presentation titled, the Environmental Justice Partnership and Accomplishments. Penny Newman gave a PowerPoint presentation regarding Pollution in San Bernardino and submitted a booklet about The BNSF Intermodal Rail Yard, San Bernardino, CA, written by the CCAEJ in partnership with ENGAGE. She noted that the Center for Community Action and Environmental Justice has been around for 33 years. Dr. Barry Wallerstein, Executive Director of the South Coast Air Quality Management District (SCAQMD), made a presentation and spoke about the 2010 Clean Communities Plan. Council Member McCammack noted that the proposed MOU indemnifies the SCAQMD, and the City should not be doing that, as each public agency should be responsible for its own legal issues. She stated that she would like to see that part of the agreement removed. Council Member McCammack made a motion, seconded by Council Member Jenkins, that the section of the MOU that indemnifies SCAQMD, be removed. (Note: Subsequently, Ms. McCammack withdrew her motion.) Council Member Johnson stated he would not support Council Member McCammack's motion. ® City Attorney Penman advised that normally the City would have a mutual indemnification clause. He suggested -that the Council ask SCAQMD for mutual indemnification and approve the resolution contingent on that. Council Member McCammack withdrew her motion and requested that her colleagues ask for mutual indemnification. Motion: That said resolution be adopted. RESULT: ADOPTED [5 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson ABSTAIN: Wendy J. McCammack AWAY: Chas A. Kelley 8. Public Comments on Items Not on the Agenda Ron Coats, San Bernardino, CA, spoke about the loss of a good friend who had ethics, morals, and values, something that many of the current Council members have lost. He stated that power can corrupt and actions speak louder than words -that politics has reached a new low in this city. Mayor and Common Council ofthe City ofSan Bernardino Page 15 Printed 1211212011 Regular Meeting Minutes November 7, 2011 Roger Henderson, San Bernardino, CA, encouraged everyone to vote on November 8 and expressed his support of City Attorney Penman. Paul Sanborn, San Bernardino, CA, expressed his support of 70' Ward Councilwoman Wendy McCammack and City Attorney Penman. Leticia Anderson, San Bernardino, CA, member of the San Bernardino County Young Democrats, stated she was very disturbed by the slate mailer she received that indicated that Council Members Kelley and McCammack and City Attorney Penman are Democrats in an effort to influence Democratic voters. She asked them to state their true parties as registered. Mark Westwood, San Bernardino, CA, Vice Chair of San Bernardino County Democratic Committee, spoke regarding the mailer sent out to mislead the public. He stated that Democrats do not endorse Republicans and those who "decline to state." He spoke regarding the dishonesty of Mr. Kelley, Ms. McCammack, and Mr. Penman in trying to lead people to believe that they are endorsed by the Democratic Party even though they are registered Republican, or in the case of Mr. Penman, registered as a "decline to state." Hayward Jackson, San Bernardino, CA, read Nehemiah 5 from the Bible. Velvet Rogers, San Bernardino, CA, stated that they need to stop the closure of the Caltrans Transportation Permit Office in San Bernardino. She distributed a petition to sign to keep this office open. Kelsie Cranford, San Bernardino, CA urged the Mayor and Council to contact the governor or representatives to request that they not close the Caltrans Transportation Permit Office in San Bernardino. Mrs. Olson, speaking on behalf of her husband, Scott Olson, thanked the Mobile Home Board for its decision regarding rent control. She stated that they will abide by the decision, but the issue has not been resolved and he will be back. Eufemia Reyes, Colton, CA, stated she wanted to bring to the forefront the bogus voter guide, which couldn't be further from the truth. The mailer gave the impression that the individuals are Democrats, when in reality Mr. Penman and Mr. Valdivia are both registered as "decline to state." Danny Singleton, San Bernardino, CA, spoke regarding the "Right Thing to Do." He stated that Code tried to demolish his business, and he was told by Jim Penman that an investigation would take place. He demanded the immediate resignation of Jim Penman and Wendy McCammack for their cover-up of criminal activities and asked the Mayor and Council to make him financially whole. Esther Jimenez, San Bernardino, CA, stated that she had many family members and friends who participated with her in the San Bernardino Beautification Day clean-up of the city. She ® thanked the City Manager and Council Member Marquez, stating that she and her family were looking forward to the next project. She added that she was seeking the position of City Clerk and thanked the following newspapers for their endorsements: IECN Newspaper, Black Voice Mayor and Common Council of the City of San Bernardino Page 16 Printed 1211212011 Regular Meeting Minutes November 7, 2011 News, and the Precinct Reporter. Anthony Montes, San Bernardino, CA, spoke regarding the misleading Democratic mailer, stating it was false and most of the candidates straight out lied. He stated that the City could save a lot of money if the City Attorney gave up his posse. He also noted that it is very rude that Mrs. McCammack is constantly talking and texting during the meetings. Frances Vasquez, San Bernardino, CA, reminded everyone that we have a vigilant press and are proud of our 1" Amendment rights. She stated that the Precinct Reporter had a list of polling places in San Bernardino, or people could vote at the Registrar of Voters office. Bob Jenkins, San Bernardino Kiwanis Club, spoke regarding Beautification Day and asked if the City could sometimes consider another date other than a Saturday. Kelli White, San Bernardino, CA, stated that Ex Cons for Christ participated in the Beautification Day activities along with Young Visionaries. She thanked the City for providing them with an opportunity to be a part of the community. Nick Gonzalez, San Bernardino, CA, stated he was very disappointed to see the Mayor and Council showing the public how dysfunctional they have become. He stated that they disrespect each other and it is embarrassing. He expressed support for Gigi Hanna for City Clerk. Aaron Cox, San Bernardino, CA, stated that he has lived around San Bernardino for most of his life and bought a home here in 2009. He stated that this was the fust Council meeting he had attended, that his father used to have an office in Central City Mall, and recounted a story of how his life was impacted by a previous mayor. Matt Korner, San Bernardino, CA, urged voters to put themselves in the mindset of a developer, retailer or new home buyer and ask whether they would invest in the City with the current people running the City; i.e., McCammack, Penman, and to a lesser extent, Kelley. He stated that we will never move forward as a City without change, and it's a sad situation. He encouraged residents to vote for David McKenna and Jim Mulvihill. Jim Smith, San Bernardino, CA, commended Council Member Marquez for talking about veterans and announced that on October 13 the Elks Lodge would have a nice Veterans celebration. He urged voters to support McKenna, Brinker, and Mulvihill. 9. New Business A. Resolution opposing the closing of the Caltrans Regional Transportation Office Motion: That the item arose after the posting of the agenda and there is a need to take immediate action. Ee Mayor and Common Council ofthe City of San Bernardino Page 17 Printed 1211212011 Regular Meeting Minutes November 7, 2011 L RESULT: ADOPTED 16 TO 01 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack AWAY: Tobin Brinker Motion: That the City Attorney draft a resolution in support of keeping the Caltrans Regional Transportation Office in San Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 10. Adjournment The meeting adjourned at 9:26 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 21, 2011. RACHEL G. CLARK, CMC City Clerk By. A15--v- "Linda E. Hartzel Deputy City Clerk Mayor and Common Council ofthe City of San Bernardino Page 18 Printed 1211212011