HomeMy WebLinkAbout09-03-2013 Jt. Reg Mtg MinutesNAR0�lN
City of San Bernardino
Mayor Patrick J. Morris
300 North "D" Street
Council Members
Virginia Marquez
Virginia Marquez
San Bernardino, CA 92418
Robert D. Jenkins
http://www.sbcity.org
John Valdivia
Present
Fred Shorett
John Valdivia
Chas A. Kelley
Present
Rikke Van Johnson
Fred Shorett
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
0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
U
TUESDAY, SEPTEMBER 3, 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 2:32 p.m., Tuesday, September 3, 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
2:30 p.m.
Robert D. Jenkins
Council Member, Ward 2
Present
2:30 p.m.
John Valdivia
Council Member, Ward 3
Present
2:30 p.m.
Fred Shorett
Council Member, Ward 4
Present
2:30 p.m.
Chas A. Kelley
Council Member, Ward 5
Present
2:45 p.m.
Rikke Van Johnson
Council Member, Ward 6
Present
2:30 p.m.
Wendy J. McCammack Council Member, Ward 7
Present
2:30 p.m.
Patrick J. Morris
Ma or
Present
2:30 p.m.
James F. Penman
City Attorney
Present
2:30 p.m.
Georgeann "Gigi" Hanna
City Clerk
Present
2:30 p.m.
Allen J. Parker
City Manager
Present
2:40 p.m.
Mayor and Common Council of the City of San Bernardino Page I Printed 91912013
Joint Regular Meeting Minutes September 3, 2013
1. Closed Session - Pursuant to Government Code Sections(s):
0 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;
City v. Wells Fargo Bank N.A., et al. - San Bernardino County Superior Court,
Case No. CIVDS 1212108;
San Bernardino County Transportation Commission v. Mi Casa Property, LLC, et
al. - San Bernardino County Superior Court, Case No. CIVDS 1302784;
Allison Mechanical v. San Bernardino Economic Development Corporation - San
Bernardino County Superior Court, Case No. CIVDS 1211891;
Aspen Builders, Inc. v. Regal Cinemas, Inc.; San Bernardino Economic
Development Corporation - San Bernardino County Superior Court, Case No.
CIVDS 1210338;
Los Angeles Engineering, Inc. v. San Bernardino Economic Development
Corporation - San Bernardino County Superior Court, Case No. CIVDS 1210197;
Braughton Construction, Inc. v. San Bernardino Stampede, Inc.; San Bernardino
Economic Development Corporation - San Bernardino County Superior Court,
Case No. CIVDS 1210289.
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. LMC Enterprise dba Chemco Products Company
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.
Mayor and Common Council of the City of San Bernardino Page 2 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
City Attorney Penman announced that the following additional items would be discussed
in closed session:
Under Agenda Item No. 1B, significant exposure to litigation: one item;
Under Agenda Item No. 1D, personnel: Civil Service Case No. 12PSB-041.
Mr. Penman stated that the case listed under Agenda Item No. 1 C would not be discussed
in closed session.
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Reverend George Honn from the Center for Spiritual Living. The
Pledge of Allegiance was led by Council Member Robert Jenkins.
2. Appointments
2A. Mayor's Office
Reappointment of Toni Callicott and Lou Fernandez to the Board of Water
Commissioners - Mayor Patrick J. Morris
Motion: Approve the reappointment of Toni Callicott and Lou Fernandez to the
Board of Water Commissioners as requested by Mayor Patrick J. Morris.
RESULT: ADOPTED [UNANIMOUS] 00:02:54'
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
3. Presentations
There were no presentations.
4. Announcements -- Chamber of Commerce and Elected Officials
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
September 3, 2013.
' Approximate time that the motion/second was made, according to meeting video on the City's web site.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 9/9/20/3
Joint Regular Meeting Minutes September 3, 2013
j RESULT: ADOPTED [UNANIMOUS] 00:39:02
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Rikke Van Johnson, Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
513. City Manager
RES. 2013-252 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Finance Director to Amend the FY 2013-14 IEMG
Expenditure and Revenue Budgets by Transferring $25,000 from the Other Professional
Services Account No. 107-100-0133-5505 to the Part -Time Temporary Labor Account
No. 107-100-0133-5014.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:39:02
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Rikke Van Johnson, Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
5C. Fire
RES. 2013-253 — Resolution of the Mayor and Common Council of the City of San
Bernardino Adopting a Standard Agreement to be Used for Gaining the Permission of
Parcel Owners to Enter Their Property for the Purpose of Conducting Prescribed and/or
Structural Training Burns.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:40:25
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
5D. Fire
RES. 2013-254 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing The Execution of a Purchase Agreement and Issuance of a
Purchase Order to Johnson Power Systems for Extended Service Coverage on Seven (7)
Pierce Fire Engines in the Amount of $43,820.
Public Comments:
Paul Sanborn, San Bernardino
Motion: Adopt the Resolution; and authorize the Director of Finance or designee to
adjust the Fire Department's FY 2013-2014 Adopted Budget to reflect the
expenditures as outlined in the staff report.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
RESULT: ADOPTED [UNANIMOUS] 00:42:14
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
ABSENT: Virginia Marquez
5E. Human Resources
RES. 2013-255 — Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing the Position of Director of Administrative Services (U) and
Approving Job Description.
Motion: Establish one (1) Director of Administrative Services (LT) position, Range
4680, $13,189 - $16,031 /month;
Approve the job description for Director of Administrative Services (U);
and
Authorize the Human Resources Division Manager to update Resolution
Nos. 97-244 and 2011-218 to reflect these actions.
RESULT: ADOPTED6 TO 1
[ ] 01:01:19
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack
NAYS: John Valdivia
City Attorney Penman advised that the resolution that was prepared and distributed by his
office and submitted into the record would have to be adopted by the Council.
Motion: Adopt the Resolution, as amended, excluding Sections 2, 3 and 5.
RESULT: ADOPTED [6 TO 11 01:01:57
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack
NAYS: John Valdivia
5F. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Reorganizing the Finance Department, Establishing, Reclassifying, and Deleting Various
Positions, and Approving Job Descriptions.
A resolution prepared and distributed by the City Attorney's office was submitted into
the record.
Motion: To table.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
C•7
X
RESULT: TABLED [UNANIMOUS]
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
5G. Civil Service
Personnel Actions - Classified
Motion: To table Finance Department Items 18-25.
RESULT: ADOPTED 16 TO 11
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Robert D. Jenkins, Council Member, Ward 2
AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack
NAYS: John Valdivia
00:42:46
00:56:48
Motion: Approve the classified personnel actions, Items 1-17 and 26-28, 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 [4 TO 11
MOVER: Robert D. Jenkins, Council Member, Ward 2
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins, Johnson, McCammack
NAYS: John Valdivia
AWAY: Fred Shorett, Chas A. Kelley
00:57:15
5H. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the Position of Background Investigator, Part -Time.
A resolution prepared and distributed by the City Attorney's office was submitted into
the record.
Motion: To table.
RESULT: TABLED [UNANIMOUS] 00:42:46
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
Mayor and Common Council of the City of San Bernardino Page 6 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
5I. Human Resources
RES. 2013-256 — Resolution of the Mayor and Common Council of the City of San
0 Bernardino Adding One (1) Senior Customer Service Representative/Dispatcher, Full -
Time to the Public Works Department.
City Attorney Penman advised that the resolution that was prepared and distributed by his
office and submitted into the record would have to be adopted by the Council.
Motion:
Adopt the Resolution.
[-RESULT:
ADOPTED 16 TO 1] 01.03:53
1 MOVER:
Rikke Van Johnson, Council Member, Ward 6
SECONDER:
Wendy J. McCammack, Council Member, Ward 7
AYES:
Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack
NAYS:
Chas A. Kelley
5J. Human Resources
Personnel
Actions - Unclassified
Motion:
To table.
RESULT:
TABLED [UNANIMOUS] 00:42:46
MOVER:
Wendy J. McCammack, Council Member, Ward 7
0 SECONDER:
John Valdivia, Council Member, Ward 3
AYES:
Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
5K. Public Works
RES. 2013-257 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Cooperative Agreement No. 08-1565 with the California
Department of Transportation (Caltrans) for Oversight of the Development of the Project
Initiation Document (PID) for University Parkway/Interstate 215 Freeway Interchange
Improvements Project (SSO4-19).
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:39:02
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Rikke Van Johnson, Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
5L. Public Works
RES. 2013-258 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Amendment No. 5 to Agreement for Professional Services with
TY Lin International to Provide a Project Study Report/Project Development Support
(PSR/PDS) for the University Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp Project (SSO4-19).
Mayor and Common Council of the City of San Bernardino Page 7 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
Motion: Adopt the Resolution.
RESULT. ADOPTED [UNANIMOUS] 00:39:02
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Rikke Van Johnson, Council Member, Ward 6
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
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6. Staff Reports
6A. City Clerk
RES. 2013-259 — Resolution of the Mayor and Common Council of the City of San
Bernardino Accepting the Certificate of Insufficiency for the Recall Petition for Ward
Five Council Member and Accepting the Certificates of Sufficiency and Providing for
and Calling a Recall Election for Ward Three Council Member, Ward Seven Council
Member and City Attorney for November 5, 2013 in the Consolidated Election
Conducted by the County of San Bernardino and Authorizing the Prepayment of the
Costs Estimated for Said Election to the County of San Bernardino.
A revised resolution, Certificates of Sufficiency (Insufficiency) of Recall Petition, and a
letter from the Registrar of Voters to Georgeann "Gigi" Hanna, dated August 29, 2013,
regarding estimated election costs were distributed to the Council and submitted into the
record.
10 City Attorney Penman and Council Members Valdivia and McCammack declared
conflicts as targets of the recall, and left the Council Chamber.
Special Counsel Tom Clark answered questions posed by the Council.
Motion: Adopt the Resolution.
RESULT: ADOPTED 15 TO 01 01:06:17
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins, Shorett, Kelley, Johnson
ABSTAIN: John Valdivia, Wendy J. McCammack
6B. Council Office
Discuss and Take Possible Action on the Petition Gathered by Residents of Genevieve
Street who are Requesting Installation of Sidewalks and Street Lights
Council Member McCammack submitted 15 signed petitions into the record.
Council Member Valdivia requested that the City Manager also look at the southeast
corner of the Third Ward.
Mayor and Common Council of the City of San Bernardino Page 8 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
Motion: Direct the City Manager to research the cost and potential funding source
for the installation of sidewalks and street lights on both sides of
Genevieve Street between 30th and 31 st Streets.
RESULT: ADOPTED [UNANIMOUS] 01:09:35
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
6C. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Issuance of a Request for Proposal for Liability and Property Claims
Administration Services.
Council Member Shorett made a motion, seconded by Council Member Kelley, to adopt
the Resolution. No vote was taken.
Staff requested a two-week continuance.
Motion: Continue to September 16, 2013
RESULT: CONTINUED [6 TO 11 Next: 9/16/2013 2:00 PM
MOVER: Wendy J. McCammack, Council Member, Ward 7 01:17:31
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack
NAYS: Chas A. Kelley
6D. Public Works
Request Direction from the Mayor and Common Council, Pursuant to a Request to
Construct Pavement Rehabilitation on Mt. Vernon Avenue Between Grant Avenue and
Walnut Street as a Separate, Stand -Alone Project
Public Comments:
Juan Figuerora, San Bernardino
Richard Castro, San Bernardino
Motion: The City Manager is directed to have the Public Works Department revise
the plans and specifications to construct the first three projects on the
recommended Priority Listing attached to the staff report as soon as
possible for potential completion before the end of the calendar year,
bringing a proposed budget amendment forward at the time of the award
of Contract for Construction to cover the actual lowest responsive bid
amount plus contingencies and construction management costs.
0
Mayor and Common Council of the City of San Bernardino Page 9 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
RESULT: ADOPTED [UNANIMOUS] 01:34:03
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
7. Public Comments on Items Not on the Agenda
Betty Jean Long, San Bernardino, stated that she wished people at the Fifth Street Senior
Center would stop picking on her and talking about her.
Paul Sanborn, San Bernardino, stated that he had a vision that people will not vote "yes"
on the recall and hopes it is a "no" vote straight across the board; and stated that people
need to investigate the candidates prior to voting for them.
Sandra Olivas, San Bernardino, stated that a Mills Act workshop would be held
Saturday at 4 p.m. in the Harris Room at the Historical and Pioneer Society; said the Act
applies to businesses as well as homes; said a lot of homes in the City will qualify and
that the program does not require income qualifiers; and announced that they are starting
to plan for the next Pioneer Days.
Scott Olson, San Bernardino, said it will be interesting to see who among the recall
proponents will use the recall as a way to run for office; stated that there were no
legitimate reasons for putting the council members up for recall; and stated that now is
the time for healing to make the City better, not fighting over the old stuff.
Juan Figueroa, San Bernardino, stated that he wanted to publicly thank Rebekah
Kramer, her staff and the City crews who helped clean up after the recent storm.
Barbara Babcock, San Bernardino, read recent press accounts following the bankruptcy
hearing wherein City officials said there would be little time before the election to work
on bankruptcy matters; read a press account about the court hearing regarding whether to
compel the Clerk to count voter withdrawal affidavits; and urged voters to look at each of
the recall candidates and consider the choices carefully.
James Smith, Highland, commended City officials for attending the recent bankruptcy
hearing and stated that he was upset that one of the candidates who is being recalled is
running for mayor; announced that Save Our San Bernardino would be hosting two
candidate forums—one for recall candidates and another for the council seats that are up;
and asked the Council to give the people an opportunity to change the City's charter.
David McCammack, San Bernardino, representative for the Disabled American
Veterans, announced that they are putting on a POW event on September 27, 2013,
honoring those missing in action; and stated that he was sure several petition circulators
obtained signatures falsely.
Tom Oquendo, San Bernardino, stated that people need to pay attention and scrutinize
the candidates running for office; and stated that if the Mayor leaves office with a legacy
of failure, then the voters need to know that each and every council member is tainted.
Mayor and Common Council of the City of San Bernardino Page 10 Printed 9/9/2013
Joint Regular Meeting Minutes September 3, 2013
8. Adjournment
The meeting adjourned at 7:01 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 2:30 p.m., Monday, September 16, 2013.
GEORGEANN "GIGI" HANNA
City Clerk
Linda Sutherland
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page I1 Printed 9/9/2013