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HomeMy WebLinkAbout03-18-2013 Jt. Reg Mtg Minutes �g14ARbt Mayor Patrick J. Morris e �o 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 rn IS vsv� Chas A. Kelley 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 n MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MARCH 18, 2013 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:17 p.m., Monday, March 18, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 P.M. Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. John Valdivia Council Member, Ward 3 Present 1:15 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 P.M. Chas A. Kelley Council Member, Ward 5 Present 1:00 P.M. Rikke Van Johnson Council Member, Ward 6 Present 1:00 P.M. Wendy J. McCammack Council Member, Ward 7 Present 1:00 P.M. Patrick J. Morris Mayor Present 1:00 P.M. James F. Penman City Attorney Present 1:00 P.M. Q Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Allen J. Parker City Manager Present 1:00 P.M. Mayor and Common Council ofthe City of San Bernardino Page/ Printed 311912013 Joint Regular Meeting Minutes March 18, 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. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. McAlister Investments, Inc. - 864 S. Eucalyptus D. Closed Session-personnel -pursuant to Government Code Section 54957: Pay-outs. 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. OF. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. Appointments 3. Presentations 3A. Newmark Little League 60th Anniversary- Council Member Kelley 3B. Citizen of the Month - Curtis Stout- Council Member Johnson 3C. Student of the Month -Vyvy Nguyen - Council Member Johnson 31). I-10 Corridor Project- PowerPoint Presentation by Garry Cohoe of SANBAG 3E. "Count Me In! San Bernardino" - PowerPoint Presentation © 3F. San Bernardino Hometown Heroes Military Banner Program - Council Member Johnson Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 Honorees: Celia J. Arellano, Marine Jesse Andrew Caballero, Army Teresa Delgado, Army Joseph Margarito Flores, Navy Mario Mayorquino, Army National Guard Adrian Anthony Ortiz, Marine Arthur Leonardo Perez, Army Reserves Robert Joseph Quinonez,Navy Amanda Nicole Saleedo, Navy 4. Announcements - Elected Officials and Chamber of Commerce Mayor Morris asked people to keep in prayer the life of Warner Hodgdon, who was instrumental in the development of San Bernardino and is currently in Hospice. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated March 18, 2013. RESULT: ADOPTED [UNANIMOUS] 02:05:44 t MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack 513. City Clerk Minutes of the Mayor and Common Council Meetings of November 5, 2012; November 19, 2012; and November 26, 2012 Motion: Approve the minutes of the Mayor and Common Council meetings of November 5, 2012; November 19, 2012; and November 26, 2012, as submitted. _ . . RESULT: ADOPTED [UNANIMOUS] 02:05:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5C. City Clerk Minutes of the Mayor and Common Council Meetings of January 7, 2013; January 10, ® 2013; January 22, 2013; January 24, 2013; and January 28, 2013 ' Time that the motion/second was made,according to meeting DVD on file in the City Clerk's Office Mayor and Common Council ojthe City of San Bernardino Page 3 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 Motion: Approve the minutes of the Mayor and Common Council meetings of January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013; and January 28, 2013, as submitted. RESULT: ADOPTED [UNANIMOUS] 02:05:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson*, McCammack *Because he was not in attendance, Council Member Johnson abstained from voting on the following minutes: January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013. 6. Committee Consent 6A. CouncilOffiee Speed Hump Program City Manager Parker requested a continuance since he had not had an opportunity to meet with the Legislative Review Committee and the acting public works director on this item. Public Comments: Shirley Harlan, San Bernardino Motion: Continue to April 1, 2013. RESULT: CONTINUED [6-1] Next: 4/1/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 02:07:30 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack NAYS: Virginia Marquez 6B. Human Resources Job Description Revisions: Animal Control Manager, Library Program Coordinator and Police Captain(U) Motion: Approve job descriptions as proposed. RESULT: ADOPTED 16 TO 1] 02:25:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack j NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 4 Printed 311711013 Joint Regular Meeting Minutes March 18, 2013 7. Public Hearings 7A. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. (Continued from March 4, 2013) The hearing remains open. There were no public comments. Motion: Continue to April 1, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1:30 PM� MOVER: Chas A. Kelley, Council Member, Ward 5 01:15:58 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. Continued Items 8A. Council Office Resolution of the Mayor and Common Council of the City of San Bernardino Setting a Policy for Evaluations of Department Heads by the City Manager and a Policy for Salary Ranges for Incoming Department Heads. (Continued from March 4, 2013) Motion: Continue to April 1, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1.30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 02:29:00 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 811. Human Resources Establishment of Salaries for Fire Department Ranges P-5 (Battalion Chief, Fire Management Bargaining Unit), Effective August 1, 2012, P-6 (Deputy Fire Chief) and P- 7 (Fire Chief), Effective March 18, 2013. (Continued from March 4, 2013) Public Comments: Larry Sharp, Redlands Shirley Harlan, San Bernardino Mayor and Common Council ojthe City ojSan Bernardino Page 5 Printed 3/!9/20/3 Joint Regular Meeting Minutes March 18, 2013 Motion: Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), effective August 1, 2012, and P-6 (Deputy Fire Chief) and P-7 (Fire Chief), effective March 18, 2013; authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2012-13 budget. RESULT: ADOPTED [5 TO 2] 02:30:10 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Virginia Marquez, Fred Shorett 8C. Human Resources Establishment of Salaries for Police Department Ranges P-4 (Lieutenant), and P-5 (Captain), Effective August 1, 2012 (Police Management Bargaining Unit), and P-6 (Assistant Police Chief) and P-7 (Police Chief), Effective March 18, 2013. (Continued from March 4, 2013) Public Comments: Jim Smith, San Bernardino Motion: Establish salaries for Police Department Ranges P-4 (Lieutenant) and P-5 (Captain), effective August 1, 2012, and P-6 (Assistant Police Chief) and P-7 (Police Chief), effective March 18, 2013; and authorize the Human Resources Division Manager to amend Resolution No. 6429 to reflect the above action; and authorize the Director of Finance to amend the FY 2012-13 budget. RESULT: ADOPTED 15 TO 21 02:46:54 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Virginia Marquez, Fred Shorett 8D. Human Resources RES. 2013-51 - Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP)Joint Powers Authority. (Continued from March 4, 2013) Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [UNANIMOUS] 02:56:48 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8E. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. (Continued from March 4, 2013) Motion: Table the matter. RESULT: TABLED [UNANIMOUS] 02:57:42 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9. Staff Reports 9A. City Attorney RES. 2013-52 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Lease with the County of San Bernardino for the Premises Located at 3250 Harrison Avenue. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:58:24 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9B. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute on Behalf of the City an Amended and Restated Joint Exercise of Powers Agreement Creating an Agency to be Known as the San Bernardino Regional Water Resources Authority. Public Comments: Mark Buhlot, San Bernardino Valley Municipal Water District, spoke in support of the item. QMayor Moms read into the record an alternate motion to be considered in place of adopting the resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 311712013 Joint Regular Meeting Minutes March 18, 2013 Motion: Authorize the City Manager to submit a letter to the California State Department of Parks requesting authorization for the City to transfer the $5 million Proposition 84 Grant for the 9th and `B" Streets Park to the San Bernardino Regional Water Resources Authority, subject to approval by the State Department of Parks and execution of the required agreements and documentation. RESULT: ADOPTED [UNANIMOUS] 03:00:22 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9C. 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] 03:05:31 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9D. Council Office Election of Mayor Pro Tempore Council Member Kelley made a motion, seconded by Council Member Johnson, to nominate Council Member Fred Shorett to serve as Mayor Pro Tempore until March 17, 2014. Council Member McCammack made a substitute motion to nominate Council Member Robert Jenkins to serve as Mayor Pro Tempore until March 17, 2014. The motion died for lack of a second. Motion: Nominate and Elect Council Member Fred Shorett to serve as Mayor Pro Tempore until March 17, 2014. Mayor and Common Council of the City of San Bernardino Page 8 Printed 311711013 Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [4 TO 31 03:08:21 QMOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: John Valdivia, Fred Shorett, Chas A. Kelley, Rikkc Van Johnson NAYS: Virginia Marquez, Robert D. Jenkins, Wendy J. McCammack 9E. Council Office San Bernardino Hometown Heroes Military Banner Program Council Member Johnson noted that some of the Council members had asked that the banners be installed in a certain area so that they look more appropriate. He stated that he had gone around town and looked for areas that would be centralized and provided his findings to the Mayor and Council for their information. Consensus: Receive and file committee update. 9F. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 03:13:48 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins, John Valdivia 9G. Human Resources RES. 2013-53 - Resolution of the City of San Bernardino Amending Resolution No. 6429, Entitled in Part "A Resolution...Establishing a Basic Compensation Plan for Officers And/Or Employees of the Police and Fire Departments of the City of San Bernardino. Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [4 TO 21 03:14:54 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: John Valdivia, Chas A. Kelley, Rikke Van Johnson, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett ABSENT: Robert D. Jenkins 9H. Human Resources RES. 2013-54 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement Between York Risk Services Group and the City of San Bernardino for Workers' Compensation Third Party Claims Administrator Services. Motion: Adopt the Resolution. --- -- __ ---- RESULT: ADOPTED [UNANIMOUS] 03:16:08 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins j 9I. Library Request from the Library Board of Trustees to Amend the Proposed Library Pre- Pendency Plan to Provide for the Continued Operation of the Rowe Branch Library, the Operation of the Dorothy Inghram Branch Library as a Joint-Use Partnership and the Closure of the Paul Villasenor Branch Library Within an Overall Library Budget that Does Not Exceed$1.6 Million. Acting Library Director Deborah Clark introduced the Library Board of Trustees' approved Branch Sustainability Report and explained the work the board has done in the past six months to keep the branch libraries open. Council Member Johnson made a motion, seconded by Council Member McCammack, to approve the proposals for action established by the Library Board of Trustees in the Branch Sustainability Report. No vote was taken. Public Comments: Shirley Harlan, San Bernardino Michael Jose Avila, San Bernardino Curtis Stout, San Bernardino Pastor Hodari, Senior Pastor, New Hope Missionary Baptist Church, who has stepped ® forward with his congregation to provide the ongoing partnership with the City to retain the Inghram branch library Dr. Milton Clark, Chair, Library Board Mayor and Common Council ofthe City ojSan Bernardino Page 10 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 Council Member Valdivia made a substitute motion, seconded by Council Member Kelley, to approve the proposals for action (Bullet points 2-5) established by the Library Board of Trustees in the Branch Sustainability Report, but continue the closure of the Villasenor branch library(Bullet 1) for 30 days. Council Member McCammack asked Council Member Valdivia if he would accept an amendment to his substitute motion to leave Villasenor branch library open for 30 days with a donation of funding from the Seventh Ward and First Ward travel budgets, which would take care of 30 days of operation. Final Substitute Motion: Approve the proposals for action (bullet points 2-5) established by the Library Board of Trustees in the Branch Sustainability Report, but continue the closure of the Villasenor branch library (bullet 1) for 30 days, using both Council Member Marquez' and Council Member McCammack's travel budgets for funding in the meantime. RESULT: ADOPTED [UNANIMOUS] 04:02:45 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins There appeared to be some confusion over whether the Inghram branch library would remain open or be closed for the 30-day transition period until all the partnership agreements were in place. Motion: To rescind the previous motion. RESULT: ADOPTED [UNANIMOUS] 04:10:10 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Valdivia, Shorett,Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins Council Member McCammack stated that she thought Ms. Clark was worried that there could be a need for an additional amount of money to keep Inghram open for the time it would take to get the partnership agreements finalized. Dr. Clark stated that the Board would take the funds from their investment fund, if necessary. O City Attorney Permian and Council Member Johnson both offered to donate their travel budgets. Mayor and Common Council of the City of San Bernardino Page 1l Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 Motion: To retain both the Villasenor and Inghram branch libraries at 20 hours per week, for 30 days from this date, to allow the Council team of Marquez and Valdivia to attempt to put together a plan for Villasenor and to allow the Inghram branch library to remain open during its 30-day transition period. RESULT: ADOPTED [UNANIMOUS] 04:11:21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 9J. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Rescinding Resolution 2013-2 and Authorizing the City Manager to Execute a Revised Facility Use Agreement Between the City and Southern California Mountains Foundation (Formerly Known as San Bernardino National Forest Association), for the Urban Conservation Corps, for Use of 140 East 5th Street (The Butler Building) Located at Seccombe Lake Park. Motion: Continue to April 1, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 4/1/2013 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 04:14:42 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 9K. Police RES. 2013-55 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Animal Control and Housing Agreement Between the City of San Bernardino and the City of Grand Terrace. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:19:14 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett,Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins Mayor and Common Council of the City ojSan Bernardino Page 12 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 9L. Public Works RES. 2013-56 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Quitclaim Deed to La Placita on 2nd Street, LLC for a Storm Drain Easement and Slope Easement Within Assessor's Parcel Number 0138-263-03, Generally Located East of Metrolink Way and North of 2nd Street. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:20:25 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins i 9M. Public Works RES. 2013-50 - 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 in the Amount of$260,000 to Pro Tech Engineering Corp. for the Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. Motion: Reject the bid of Unique Performance Construction as it was non- responsive and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:21 08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 9N. Public Works RES. 2013-57 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to KAD Paving Company for Pavement Rehabilitation on Two City Streets: Irvington Avenue, from Olive Avenue to Pine Avenue, Plan No. 12800 (SS 11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS1 1-013). Motion: 1. Adopt the Resolution Awarding a Contract to KAD Paving Company for Pavement © Rehabilitation on Two City Streets: Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS11-014); and Belmont Avenue, from Palm Avenue to Olive Avenue, Plan No. 12804 (SS11-013) in the amount of$272,323.50; and Mayor and Common Council of the City ojSan Bernardino Page 13 Printed 311911013 Joint Regular Meeting Minutes March 18, 2013 2. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $66,450 in previously unallocated Proposition IB Local Streets and Road Funds (Fund 258) to Irvington Avenue from Olive Avenue to Pine Avenue, Plan No. 12800 (SS-11-014); and 3. Amend the 5-year Capital Improvement Program and the FY 2011-12 Budget allocating an additional $28,473 in previously unallocated Proposition 1B Local Streets and Road Funds (Fund 258) to Belmont Avenue from Olive Avenue to Palm Avenue, Plan No. 12804, (SS11-013); and 4. Direct the Finance Director to make the associated changes to the current budget amendments as identified in Motions 2 and 3, above, issue the corresponding purchase orders; and 5. Authorize the City Manager to execute change orders up to 10% of the contract amount. ------.- "' RESULT: ADOPTED [UNANIMOUS] 04:22:17 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Valdivia, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 90. Public Works RES. 2013-58 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Consenting to the San Bernardino International Airport Authority Right of Way Acquisition Procedures to be Undertaken, Pursuant to the San Bernardino International Airport Authority Joint Powers Agreement. Motion: Adopt the Resolution. RESULT: FAILED * 04:33:36 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia ABSENT: Robert D. Jenkins *City Attorney Penman advised that six votes were needed to approve this item because this is an eminent domain action and under the JPA there must be a 4/5`h vote of the legislative body, which is a minimum of six votes. Motion: To reconsider Agenda Item No. 90. Mayor and Common Council ofthe City of San Bernardino Page 14 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 RESULT: ADOPTED [UNANIMOUS] 05:03:53 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 05:04:18 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. Mayor's Office Initiate Process for the Acceptance of Assets of the San Bernardino Economic Development Corporation, as Ordered by the State Controller's Office Final Asset �^ Transfer Review Report Dated March 6, 2013 (Continued from March 14, 2013) Mayor Moms stated that he and Council Members Shorett, Kelley, and Johnson would abstain on this item because they have served on the EDC Board formed by the Council in early 2011. City Attorney Penman advised that the conflict is that they are discussing transferring back from the San Bernardino Economic Development Corporation (SBEDC) approximately 200 properties and the liability on those properties from the SBEDC back to the City as the Successor Agency to the Redevelopment Agency. The SBEDC agreed to transfer the properties back provided that the City assumes the liability of the SBEDC. If the City doesn't assume the liability, the Mayor and Council members who are serving and who have served on the SBEDC Board could be personally liable for the liabilities. For those reasons under the common law doctrine of conflict of interest they need to declare their conflict and leave the Council Chamber. For the record the Mayor and Council Members Shorett, Kelley, and Johnson agreed with Mr. Penman's statement, thereby declaring their conflict, and left the Council Chamber. Motion: Continue to April 1, 2013. RESULT: CONTINUED [4 TO 01 Next: 4/1/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 05:07:08 SECONDER: Virginia Marquez, Council Member, Ward I Q AYES: Virginia Marquez, Robert D. Jenkins,John Valdivia, Wendy J. McCammack ABSTAIN: Fred Shorett, Chas A. Kelley, Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 15 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 11. Public Comments on Items Not on the Agenda .. Omar Castro, field representative with Fifth District County Supervisor Josie Gonzalez, introduced himself and invited low income people to avail themselves of tax programs by calling 877-410-8829. Marisa Hernandez, San Bernardino, said the children who play Little League at Seccombe Lake do not have restrooms or water available. Council Member Valdivia asked Jorge Carlos of the Council Office to follow up with Ms. Hernandez. Ralph Flower, San Bernardino, said he was concerned with the vacant lots left by the Old Fire. He proposed that the City require home/property owners to secure the vacant lots. Betty Jean Long, San Bernardino, said the Mayor is a crook and she said she would pursue the issue of how the City is broke. Nellie Frasier, San Bernardino, stated that she was concerned about the mortuary grounds at Pioneer Park cemetery, with homeless people sleeping on the land, hanging out and running over headstones. Shirley Harlan, San Bernardino, said people who come to speak before the Council on issues should not be harassed or attacked, and they should not have to be a resident of the City in order to speak on an issue. When it happens, someone needs to step up and say that it is unacceptable. Scott Olson, San Bernardino, said the state is controlled by democrats and when we look at financial issues, the destruction of EDA is due to this. He also voiced his support of Paul Leon, in the 32nd Assembly District. Jim Smith, San Bernardino, commended Council Member Shorett for being elected mayor pro-tem, and lauded Council Members Marquez, Johnson and McCammack for encouraging the Hometown Heroes program. He also said that the opening of the Norton Air Base Museum was fantastic, thanked the council members in attendance, and spoke about plans for the museum's future, and sought donations of Norton AFB memorabilia. Sandra Owen Olivas, San Bernardino, asked if the Council's decision on item 90 would cause other large companies to pull out for lack of infrastructure, and worried that the City would lose jobs. Judy Brewer, San Bernardino, thanked the Council for working together and said she supports the City and all of the Council. Mayor and Common Council ofthe City of San Bernardino Page 16 Printed 311912013 Joint Regular Meeting Minutes March 18, 2013 12. Adjournment At 8:20 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 1:00 p.m., Monday, April 1, 2013. GEORGEANN "GIGP'HANNA City Clerk By J�// � Linda E. Hartzel Deputy City Clerk Mayor and Common Council ojthe City ojSan Bernardino Page 17 Printed 311912013