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HomeMy WebLinkAbout05-20-2013 Jt. Reg Mtg Minutes N °lea City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members ° o San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia ` Fred Shorett � DI 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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MAY 20, 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 1:09 p.m., Monday, May 20, 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 4:14 p.m. Fred Shorett Council Member, Ward 4 -.=.-Present 1:00 P.M. Chas A. Kelley Council Member, Ward 5 Present 3:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 3:00 p.m. Wendy J. McCammaek 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. Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Allen Parker City Manager Present 1:00 p.m. Mayor and Common Council of the City of San Bernardino Page] Printed 512212013 Joint Regular Meeting Minutes May 20, 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; Glen Aire, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1114110. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session -personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item 1 B, Significant Exposure to Litigation—Agenda Item 7B; Under Agenda Item 1D, Personnel—Agenda Item 5B, Local Maintenance Worker Position. Following closed session City Attorney Penman announced that two additional items had been discussed in closed session: Flooding at the Feldheym Library and potential of legal action; City Manager brought up the recall process and there is some exposure to litigation there; however, no action could be taken. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of Evelyn Matich. Mayor and Common Council of the City of San Bernardino Page 2 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Invocation and Pledge of Allegiance The invocation was given by Senior Pastor Gilbert Villapando from Tsemach Christian Alliance San Bernardino. The Pledge of Allegiance was led by Emily Neri, a second grade student from Clare Cherry School. 2. Appointments 2A. Mayor's Office Reappointment of Loraine O'Campo to the Civil Service Board - Mayor Patrick J. Morris Motion: Approve the reappointment of Loraine O'Campo to the Civil Service Board as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:24:01 ' MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 2B. Mayor's Office Reappointment of Evelyn Alexander to the Civil Service Board - Mayor Patrick J. Morris Motion: Approve the reappointment of Evelyn Alexander to the Civil Service Board as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:24:01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia .......... ....... _ __ .. 2C. Mayor's Office Reappointment of Carolyn Tillman to the Board of Library Trustees - Mayor Patrick J. Morris Motion: Approve the reappointment of Carolyn Tillman to the Board of Library Trustees as requested by Mayor Patrick J. Morris. 0 Indicates timestamp of motion/second as indicated on the meeting video posted on City Website Mayor and Common Council of the City of San Bernardino Page 3 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [UNANIMOUS] 00:24:01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia ......._ ................. 2D. Mayor's Office Reappointment of Dr. Milton Clark to the Board of Library Trustees - Mayor Patrick J. Morris Motion: Approve the reappointment of Dr. Milton Clark to the Board of Library Trustees as requested by Mayor Patrick J. Morris. _._. ._. .._. . ........ ........._..... ... ........ . RESULT: ADOPTED [UNANIMOUS] 00:24:01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: John Valdivia 3. Presentations 3A. Proclamation -- National Public Works Week and Certificate of Recognition —Matt Melvin, Technician Services Manager—Mayor Morris 3B. "New American Sports University Vision" -- PowerPoint Presentation by Dr. Harry Hwang 4. Announcements -- Elected Officials and Chamber of Commerce 5. Consent Calendar 5A. City Manager Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Department, in accordance with City policies and procedures. r RESULT: ADOPTED [6 TO 1] 04:50:32 I MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack E NAYS: Fred Shorett Mayor and Common Council of the City of San Bernardino Page 4 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 5B. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [6 TO 1] 04:50:32 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 i 5C. Community Development RES. 2013-87 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Census Tracts Comprising the Targeted Employment Areas for the San Bernardino Valley Enterprise Zone. Motion: Adopt the Resolution. _... .._..._....... ...... . .... . ......... ........ ..................... RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5D. Police RES. 2013-88 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Obsolete Records by the San Bernardino Police Department. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack .... 5E. Police RES. 2013-89 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the City of San Bernardino Police Department and the San Bernardino County Sheriffs Department to Participate in the Inland Regional Narcotic Enforcement Team (IRNET). Mayor and Common Council of the City of San Bernardino Page 5 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5F. Police RES. 2013-90 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Master Services Agreement Between the San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire Related Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5G. Public Works RES. 2013-91 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution... Designating Certain Streets, or Portions Thereof as through Highways..." and Establishing an All-Way Stop at the Intersection of Alto Drive, Camellia Drive and Verde Drive. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 j MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins Valdivia Shorett Kelley, Johnson McCammack ......... ....... 5H. Public Works RES. 2013-92 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Sharing Cost of State Highway Electrical Facilities. 0 Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack .... 5I. Public Works RES. 2013-93 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Siemens Industry, Inc. for Traffic Signal Installation at 30th Street and the 210 Freeway (Westbound Exit Ramp for Waterman Avenue), Per Plan No. 12894 (TC08-009). Motion: Adopt the Resolution. .... _ _ ...... RESULT: ADOPTED [UNANIMOUS] 04:46:08 j MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6. Public Hearings 6A. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the 2013-2014 Funding Application for Community Development Block Grant, Emergency Solutions Grant, and HOME Partnership Act Funds to the Department of Housing and Urban Development. (Continued from May 6, 2013) The hearing remains open. Council Member McCammack stated she would abstain because she is the president of the Assistance League. She left the Council Chamber and returned after the discussion and vote regarding allocations to the nonprofits concluded. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Hans Vandertouw, San Bernardino, said that funds the City releases to nonprofit agencies should be provided to those most vulnerable, including children. He said the City's problems have been caused by its social policies that allow nonproductive and criminal people to take over the city. He called for a comprehensive plan to reduce these populations. David Nagler, pastor of Central City Lutheran Mission, spoke about the program there for homeless men. Mayor and Common Council of the City of San Bernardino Page 7 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Dave Majadi, president/CEO of Boys and Girls Clubs of San Bernardino, said his agency has survived because of the service it provides the community. He thanked Council Member Johnson for sending the issue back to committee for additional consideration because the committee had been ill informed and the process needs to be far more transparent and more information provided. He stated that the City and the nonprofits should be partnering to meet the needs of the citizens. Linda Pederson, St. John's Community Services Center, San Bernardino, said she heard our children called criminals because they come to a center for services. She said that many nonprofits in the city work toward alleviating ignorance. She stated that they would make do with whatever funds are coming from the City. Nick Gonzalez, San Bernardino, said that no one was suggesting that the nonprofits go away. The majority of concern for CDBG is which groups are getting funds and what they are doing with them. He said CDBG funds should be seed money, but after the third year organizations should be self-sufficient and not be relying on the City for their annual budget. He suggested that the City require a report card and follow up with the various groups to increase accountability. Kim Carter, San Bernardino, said San Bernardino is being considered as a national model for evidence based programs for ending homelessness. She stated that she is a tax payer, and whether her business is a profit or nonprofit business, it creates taxpayers. She said when she first applied for CDBG funds, they needed it, but last year they brought over $1 million to the city, with work done by local buyers, contractors and local residents—that the CDBG funds are a stepping stone for organizations like hers. Jay Lindberg, San Bernardino, said that poor people did not cause the unemployment rate and other conditions in the city, but that it was caused by the people at the dais in years previous. He stated that bad management got the City in its current state. Roxanne Williams, San Bernardino, said that we need a paradigm shift to support the nonprofit organizations; that she would like to see the City surround the non-profits, reach out to them, and ask what they need and how the City can help them grow their organization. Council Member Valdivia made several recommendations for changes in CDBG allocations. Council Member Valdivia made a motion, seconded by Council Member Kelley, to amend the figures. (No vote was taken.) Council Member Johnson made a substitute motion, seconded by Valdivia, with the incorporation of his amendments to packet page 192. (No vote was taken.) Mayor and Common Council of the City of San Bernardino Page 8 Printed 512212013 i Joint Regular Meeting Minutes May 20, 2013 Motion: Approve the final CDBG Grant Ad Hoc Committee recommendations of 4/25/13, changing the allocation amounts for the following ten (10) agencies as noted: Legal Aid Society of San Bernardino ($15,000), Assistance League of San Bernardino ($20,000), San Bernardino YMCA ($15,000), St. John's Community Success Center ($15,000), Youth Action Project ($15,000), Children's Fund, Inc. ($5,000), Inland Valley Drug & Alcohol Recovery Service ($5,000), Central City Lutheran Mission ($15,000), Boys & Girls Club San Bernardino (ID#6) ($15,000), and Boys & Girls Club San Bernardino (ID#5) ($15,000) for a total of$260,000 for all 19 agencies. RESULT: ADOPTED [6 TO 01 03:04:12 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson 1 ABSTAIN: Wendy J. McCammack .. ............ Council Member Valdivia reiterated the changes he had articulated earlier in the meeting, noting the change to the Public Service Projects amount from $250,000 to $260,000. Council Member Valdivia made a motion, seconded by Council Member Kelley, to approve the changes he had just reiterated. (A substitute motion was subsequently made.) Substitute Motion: Waive full reading, and adopt the Resolution as amended (implied); and that for the time being, allocate $140,000 to Park Improvement Projects (for a total of$315,000) with the caveat that the CDBG Committee then meet to see if they can find any other additional savings or changes to some of the allocations. (Subsequently, it was determined that changes needed to be made to the resolution so it was not adopted, but was brought back on June 17, 2013, as Agenda Item No. 6D and continued to July 15, 2013.) RESULT: ADOPTED AS AMENDED [6 TO 11 03:51:51 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 9 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 6B. Redevelopment Agency Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment to the 2010-2015 Consolidated and 2012-2013 Action Plans and Allocating $2,360,000 in Home Investment Partnership Act Funds for Single Family Housing Rehabilitation Program ($1,400,000), Homebuyer Assistance and Education Service Program ($880,000) and Mobile Home Grant Repair Program ($80,000); and $150,000 in Community Development Block Grant Funds for Single Family Beautification Loan/Grant Program ($100,000) and Elderly/Special Needs Minor Repair Grant Program ($50,000). Mayor Morris opened the hearing. Council Member McCammack noted that the recommended motion was to continue the matter to the meeting of June 3, and she wondered if this item should also be discussed at the ad hoc committee level. No public comments were received. Motion: Refer to the ad hoc committee and continue to June 3, 2013. RESULT: CONTINUED [5 TO 21 Next: 6/3/2013 1:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 04:04:56 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley 7. Staff Reports 7A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 2.58.010 Regarding Council Meeting Start Time. (FIRST READING) Motion: Lay over Ordinance for final adoption. ........ ........ RESULT: FIRST READING [6 TO 11 Next: 6/3/2013 1:00 PM ' MOVER: John Valdivia, Council Member, Ward 3 05:40:16 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett ...... 7B. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.30.150 Regarding Emergency Abatement. (FIRST READING) Mayor and Common Council of the City of San Bernardino Page 10 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [6 TO 0] Next: 6/3/2013 1:00 PM MOVER: Robert D. Jenkins, Council Member, Ward 2 05:44:05 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSTAIN: John Valdivia 7C. Council Office Action of Mayor and Common Council Regarding the November 2013 Recall Election Mayor Morris advised that this item was relative to the November 2013 Recall Election and applies to all wards, the Mayor's office, the City Attorney's office, and the City Clerk's office at this point. He stated that they need a proposal relative to the administration of this recall election—how it is to be handled and by whom it is to be handled—and how this action is to be achieved when the entire City Council is conflicted on the matter. City Attorney Penman stated that he had disqualified himself because he was served with a petition for the recall. He stated that in the past the Council would default to the Redevelopment Agency attorney, and the attorney for the Successor to the Redevelopment Agency is Mr. Clark. He left the Council Chamber and was replaced by Special Counsel Tom Clark. City Clerk Hanna was also served a petition for recall; therefore, she also left the Council Chamber. Special Counsel Clark stated that since there has been a petition of recall against each of the Council members, they all have a conflict of interest and technically cannot vote on anything associated with the recall, and this item is associated with said recall. He stated that first of all, whenever a public official has a financial interest in a decision, they have to disclose it on the record. There are a series of writings that must occur and they can occur in writing within 30 days after the meeting, so he will bring back a written disclosure as to why each of the Council members are conflicted out. Secondly, in the case where nobody can vote and there are actions that have to be taken, Title 2, Section 18708 of the California Administrative Code provides that four people have to be randomly selected and it has been proposed, and the City Manager has seven straws, and he is suggesting that the four short straws be those officials who will remain seated for purposes of voting on this recall matter for all purposes until it is over. Each of the seven Council members drew a straw from City Manager Parker, and the following members drew the short straws: Council Members Marquez, Valdivia, Shorett, and Johnson. Council Member Shorett assumed the duties of Mayor Pro Tem. Mayor and Common Council of the City of San Bernardino Page I I Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 At this time, Council Members Jenkins, Kelley, and McCammack left the Council Chamber and returned following the discussion and vote on this matter. City Manager Parker stated that there were four proposed motions that would establish a process for the recall. He stated that basically the process is for the Council members to direct him, as being a neutral, non-affected party, to take the City up to the point where petitions are received. At that point they expect that the Registrar of Voters will take over and validate the signatures, etc. In the interim, the City Clerk's office receives inquiries, accepts pieces of paper that are required, etc., and he will be relieving her and her office of those duties effective Tuesday, May 21, 2013, if these motions are passed. Mr. Parker read the first motion into the record. It was noted that the County of San Bernardino had already indicated that they would decline, but the City has to make formal application to them. Public Comments: Ed Bonadiman, San Bernardino, stated that he loves San Bernardino, he wants to see things changed, he thinks way too much money is spent on police and fire, and we need to do everything we can to make things sustainable. He urged the Council to make good decisions for the City. Scott Johnson, San Bernardino, stated he would like to hear the motions being proposed by the City Manager and Special Counsel Clark, and he encouraged the City to have County Counsel provide legal advice—that if they were going to have the County do some of it, they should have them do it all. Dan Carlone, San Bernardino, stated that he agreed with Scott Johnson, and the best thing that could be done is that whatever happens here is done with clear transparency. Deanna Adams, San Bernardino, stated that the recall is hard hitting and to replace talent and skill they need to look at the salary of the Common Council—to earn $50 a month and receive a mediocre car allowance is victimizing. She stated that the Council members are overworked and should receive pay more comparable to the Mayor. Betty Jean Long, San Bernardino, stated she was tired of the fighting among the Mayor and Council members. Jay Lindberg, San Bernardino, stated that the Council has often made decisions that were contrary to the will of the people and the legislature and then they wonder why investments like that ended up bankrupting the City. He also spoke on the costs associated with the City's police and fire. Council Member Valdivia stated that he would like language added to the motions that any actions taken will be done in accordance with the City Charter. Mr. Clark re-read Motion#1 into the record, with the language recommended by Council Member Valdivia included therein. Mayor and Common Council of the City of San Bernardino Page 12 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Discussion ensued regarding costs and what the rationale was for the County not being willing to take on the responsibilities associated with the recall. City Manager Parker stated that in talking with Mr. Devereaux, the County's Chief Executive Officer, it was the feeling at the County that there are relationships among County officials and City officials that may be close, and they did not want to be subject to any kind of criticism because of that. There is also fear that if things don't go the way various individuals in the community would like, insofar as receiving petitions, etc., that they could be sued. Therefore, it was the feeling that they should probably decline any involvement and just deal with the election process itself. Motion #1: That the San Bernardino City Council formally request that the San Bernardino County Registrar of Voters assume the duties of the San Bernardino City Clerk in the pending recall of ten elected San Bernardino City Officials, to be conducted in accordance with the Charter. In the alternative, the San Bernardino City Council formally requests that the San Bernardino County Registrar of Voters examine and verify each signature on each recall petition submitted in the process referred to above and that in this process the Registrar of Voters receive legal advice from attorney Tom Clark of the law firm of Stradling, Yocca, Carlson and Rauth, PC. All costs for the Registrar of Voters' work and Mr. Clark's work shall be borne by the City of San Bernardino. RESULT: ADOPTED [4 TO 01 04:40:32 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack Mr. Clark explained the pertinent points of the next three motions. Motion #2: If the San Bernardino County Registrar of Voters declines to assume the duties of the San Bernardino City Clerk, the San Bernardino City Council formally requests that the Riverside County Registrar of Voters assume the duties of the San Bernardino City Clerk in the pending recall of ten elected San Bernardino City Officials, to be conducted in accordance with the Charter. This would include the examination and verification of each signature on each recall petition submitted in the process referred to above. All costs for the Riverside County Registrar of Voters' work and any legal work by the Riverside County Counsel shall be borne by the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 13 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 i RESULT: ADOPTED [4 TO 0] 04:43:23 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack ..... Motion #3: If the County of San Bernardino and the County of Riverside both decline to assume the duties of the San Bernardino City Clerk, the City Manager and Special Counsel, Tom Clark, are directed to bring the appropriate legal action in Superior Court seeking court intervention, direction and determination as to the administration of the recall process, to be conducted in accordance with the Charter. .... .... ......... ........ _ RESULT: ADOPTED [4 TO 0] 04:43:23 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack Motion 44: Pending resolution of the outcome of Motions 1, 2, and 3 above, the City Manager is directed to immediately, using such staff as he may direct and not using staff from the City Clerk's office, to obtain and transport all documents, emails, electronic transmissions and all other writings from the City Clerk's office and move same to the City Manager's office. From this point forward, the City Manager shall assume temporary responsibility for the recall process, to be conducted in accordance with the Charter, that would normally be overseen and administered by the San Bernardino City Clerk. Attorney Tom Clark, from the law firm of Stradling, Yocca, Carlson and Rauth, PC, shall provide any and all legal advice to the City Manager. The City Council directs the City Manager to temporarily administer the recall process, to be conducted in accordance with the Charter, previously administered by the City Clerk, in consultation with attorney Tom Clerk of Stradling, Yocca, Carlson and Rauth, PC. RESULT: ADOPTED [4 TO O] 04:43:23 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia, Fred Shorett, Rikke Van Johnson ABSTAIN: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack __.. ............_ 7D. Council Office San Bernardino Hometown Heroes Military Banner Program Council Member Johnson provided an update on the Military Banner Program. Mayor and Common Council of the City of San Bernardino Page 14 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 It was the consensus of the Council to receive and file Mr. Johnson's report. 7E. Finance RES. 2013-98 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Bartel Associates LLC and the City of San Bernardino for Consultant Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:49:05 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7F. Police RES. 2013-99 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Fee to Administratively "Sign-Off' on Correctable Vehicle Code Violations, and Authorizing the Police Department, or Its Designee, to Collect Said Fee. Motion: Adopt the Resolution, with the stipulation that all monies collected be allocated to the Police Department. RESULT: ADOPTED 14 TO 31 05:51:35 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson 8. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 8A. Redevelopment Agency RES. 2013-100 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 1835 Sheridan Road, San Bernardino, California. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 15 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 ...-.-.----..__ ._... RESULT: ADOPTED 16 TO 11 06:06:16 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8B. Redevelopment Agency RES. 2013-101 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2350 Osbun Road Unit#44, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED 16 TO 11 06:06:16 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia _ _ . _ 1111 , 8C. Redevelopment Agency RES. 2013-102 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 279 East 49th Street, San Bernardino, California. Motion: Adopt the Resolution. _ 1111. .. ...... _ RESULT: ADOPTED [6 TO 11 06:06:16 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia .......................... _ ............................. .11.11.... ......._ 8D. Redevelopment Agency RES. 2013-94 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2812 Acacia Avenue, San Bernardino, California. Mayor and Common Council of the City of San Bernardino Page 16 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ......... ... __ ..... . I 8E. Redevelopment Agency RES. 2013-95 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 5185 Humbolt Avenue, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8F. Redevelopment Agency RES. 2013-96 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 5504 North Mountain Drive, San Bernardino, California. Motion: Adopt the Resolution. RESULT: � ADOPTED [UNANIMOUS]� _ 04.46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack ........ ........ 8G. Redevelopment Agency RES. 2013-97 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 813 Colima Road, San Bernardino, California. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 17 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 ......................... RESULT: ADOPTED [UNANIMOUS] 04:46:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ..... 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, stated she was tired of the infighting at City Hall. Rory Murray, San Bernardino, said he wanted only the best for the city, and said that calling cannabis patients criminals was offensive. Eva Campoverde, San Bernardino, spoke about how the closure of marijuana clinics will affect those people who work in the shops. Thomas Place, San Bernardino, spoke about his need for cannabis for treatment of his ailments. He went from 27 pills to one pill each day with the use of cannabis. Bryan Fletcher, San Bernardino, said he has aids and colon cancer. With cannabis use he has his colon cancer in remission and he needs to keep it up with his aids virus. He stated that he has a card through the health department, and his doctor approves of his medical cannabis use. Deanna Adams, San Bernardino, spoke about the treatment of animals reflecting who we are as a society. She compared pet overpopulation and disposal as our own personal Auschwitz, asked that the City employ more animal license checkers, and requested that the halftime employee be employed fulltime. Lanny Swerlog, Riverside, said marijuana will not go away even if the City outlaws outlets—that people will go to Palm Springs or Los Angeles, or buy it from crooks. He suggested that the City of San Bernardino operate a marijuana collective as a way to improve the City's finances. James Penman, San Bernardino, stated that the recall proponents have insufficient time to run a proper recall, that up to one-third of the signatures are forged by the collectors, and that it will cost the City$700,000. Sharon Blechinger, San Bernardino, offered thanks to those who participated in Dollars for Dogs, which raised $34,000 for the K9 unit. Extended an invitation for Walk and Wag on June 22 at Perris Hill Park, with registration at 7:30 a.m., put on by H.E.A.L. to raise funds for free spays and neuters to residents' animals. Rudi Flores, San Bernardino, said the bankruptcy has left the City vulnerable to all kinds of factions, and that the factions are attempting to divide and conquer and working to break down what the citizens voted for. He stated that the City needs leadership and experience, not opportunistic carpetbaggers. Mayor and Common Council of the City of San Bernardino Page 18 Printed 512212013 Joint Regular Meeting Minutes May 20, 2013 Jay Lindberg, San Bernardino, said he wanted to give a different perspective on medical marijuana and blamed a homicide in his family on the SBPD. Anthony, San Bernardino, stated that he owns three clothing stores, a tattoo shop and a medical marijuana shop and employs 90 people. He asked for some clarity about superseding California state law, using a zoning law and saying it is good enough. He stated that he has a legitimate business, that the City cannot zone things that move and is now saying that he cannot deliver. Jolene Quesada, San Bernardino, spoke about how cannabis helped her sick mother. Cory Berge, San Bernardino, suggested sitting down with dispensary owners and discussing how they might be taxed to benefit the city. He stated that they are not criminals. Linh Nguyen asked where he was supposed to get his medicine. Family of George Lopez stated that crime will rise because people will go to the corner to get the drugs and that the Police Department is corrupt. 10. Adjournment The meeting adjourned at 9:18 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 1:00 p.m., Monday, June 3, 2013. GEORGEANN"GIGI" HANNA City Clerk By. A Linda E. Hartzel Deputy City Clerk C Mayor and Common Council of the City of San Bernardino Page 19 Printed 512212013