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01-22-2013 Jt. Reg Mtg Minutes
gNARI) City of San Bernardino Mayor Patrick J. Morris ry Council Members { 300 North "D" Street Virginia Marquez Yo San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia o Fred Shorett D IN Chas A. Kelley Rikke Van Johnson Wendy J. McCammack i 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 TUESDAY,JANUARY 22, 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 1:08 p.m., Tuesday, January 22, 2013, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 PM Robert D. Jenkins Council Member, Ward 2 Present 1:00 PM John Valdivia Council Member, Ward 3 Present 1:00 PM Fred Shorett Council Member, Ward 4 Present 1:00 PM Chas A. Kelley Council Member, Ward 5 Present 1:15 PM Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present 1:00 PM Patrick J. Morris Mayor Present 1:00 PM James F. Penman City Attorney Present 1:00 PM Georgeann "Gigi" Hanna City Clerk Present 1:00 PM Andrea Travis-Miller City Manager Present 1:00 PM Mayor and Common Council of the City ojSan Bernardino Page I Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 1. Closed Session — Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006- MJ, City of San Bernardino v. Wells Fargo Bank, N.A. as Trustee for Carrington Mortgage Loan Trust, Series 226-NCI Asset Backed Pass-through Certificates, a business entity the form of which is unknown, Carrington Mortgage Services, LLC, a Delaware Limited Liability Company et al; San Bernardino Superior Court, Case No.: CIVDS 1212108; City of San Bernardino v. Alfonso A. Diaz, Irma Diaz, individuals; Linda Martinez, and child Martinez (a minor child); individuals; Elliott Luchs, an individual; et al. San Bernardino Superior Court, Case No.: CIVDS 1209917; City of San Bernardino v. Shelly Golec, an individual; Mountain West Financial, Inc., a California Corporation; Mortgage Electronic Registration Systems, Inc., a Delaware Corporation; Bank of America, N.A., a business entity the form of which is unknown; Internal Revenue Service; a federal governmental agency; et al, San Bernardino Superior Court, Case No.: CIVDS 1213394; QAllison Mechanical v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1211891; Aspen Builders, Inc., A California v. Regal Cinemas, Inc., A Tennessee; San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210338; Consolidated Electrical Distributors, Inc. v. San Bernardino Economic Development Corp.; Los Angeles Engineering, Inc.; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210288; Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210197; Stepstone, Inc. v. Los Angeles Engineering, Inc.; San Bernardino Economic Development Corporation; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210727; Thompson Building v. Los Angeles Engineering, San Bernardino Economic Development Corporation, Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1211471. © 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: Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 111311013 Joint Regular Meeting Minutes January 22, 2013 Refuse Division issue C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: City of San Bernardino v. 854 West 401h Place Trust, et al; 1256 N. Stoddard Ave; City of San Bernardino v. Estate of Poppett, 157 E. 5`h Street; ill City of San Bernardino v. Ross, 3130 N. Stoddard Ave; City of San Bernardino v. Madrid, 548 N. "G"Street; 719 Spruce Street. 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: Police Safety Police Management Fire Safety Fire Management (C Middle Management General Management/Confidential G. Conference with real property negotiator - pursuant to Goverment Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item 1 D, Personnel: Agenda Item 7A Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Council Member Chas Kelley. The Pledge of Allegiance was led by Elena Pena, a fifth grade student from Kendall Elementary School. 2. Appointments Q2A. Mayor's Office Appointment of Gary Walbourne to the Measure "Z" Citizens Oversight Committee - Council Member John Valdivia Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 Motion: Approve the appointment of Gary Walbourne to the Measure "Z" Citizens Oversight Committee as requested by Council Member John Valdivia. RESULT: ADOPTED 16 TO 01 00:08:24 i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 2B. Mayor's Office Appointment of Sandra Kurkoske to the Senior Affairs Commission - Council Member John Valdivia Motion: Approve the appointment of Sandra Kurkoske to the Senior Affairs Commission as requested by Council Member John Valdivia. RESULT: ADOPTED [UNANIMOUS] 00:08:24 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack f ABSENT: Rikke Van Johnson 2C. Mayor's Office Appointment of Nellie Frazier as an Alternate Member to the Senior Affairs Commission Mayor Patrick J. Morris Motion: Approve the appointment of Nellie Frazier as an Alternate Member of the Senior Affairs Commission as requested by Mayor Patrick J. Morris. RESULT: ADOPTED [UNANIMOUS] 00:08:24 MOVER: John Valdivia, Council Member, Ward 3 i SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 3. Presentations 3A. Student of the Month -- Steven Gutierrez, San Andreas High School -- Council Member Shorett © 3B. Chamber of Commerce Announcements—Jim Gerstenslager ' Indicates timestamp on DVD when motion/second was made. DVDs are on file in the City Clerk's Office Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 3C. Resolution of Commendation -- Jorge Carlos, Executive Staff Assistant to City Council—25 Years of Service—Council Member McCammack 4. Announcements 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 January 22, 2013. RESULT: ADOPTED [UNANIMOUS] 01:08:37 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 5B. City Clerk Council Minutes—Approve minutes of July 2, 2012; July 9, 2012; July 10, 2012; July 16, 2012; July 18, 2012; and July 24, 2012 Council Member Valdivia noted a correction to the minutes for July 10, 2012,page 6, last paragraph, to change the date on line 5 from May 16, 2012 to July 16, 2012. Motion: Approve the minutes of the Mayor and Common Council meetings of July 2, 2012; July 9, 2012; July 10, 2012 (as corrected); July 16, 2012; July 18, 2012; and July 24, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:08:37 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson 5C. City Clerk Council Minutes—Approve Minutes of June 18, 2012 City Clerk Hanna noted that the motion should not include approval of the June 4, 2012, minutes at this time. C[1 Motion: Approve the minutes of the Mayor and Common Council meeting of June 18, 2012, as submitted. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [UNANIMOUS] 01:08:37 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 6. Public Hearings To Be Heard at 4 PM 6A. Community Development RES. 2013-7 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 12-04, to Amend the Land Use Designation of Approximately 8,000 Square Feet from Residential Medium (RM) to Commercial General (CG-1) Located 200 Feet South of the Southwest Comer of 40th and"F" Streets. Mayor Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individual that he would provide true and honest testimony. Public Comments: Joe Bonadiman thanked the staff, stating that he appreciated their consideration. Motion: Close the hearing; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:20 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 7. Continued Items 7A. Civil Service Personnel Actions - Classified (Continued from January 7, 2013) 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. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 111311013 Joint Regular Meeting Minutes January 22, 2013 RESULT: FAILED [2 TO 31 * 01:13:34 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett NAYS: Robert D. Jenkins, John Valdivia, Wendy J. McCammack ABSTAIN: Chas A. Kelley ABSENT: Rikke Van Johnson *Note: Subsequently, at the Adjourned Regular Meeting held on January 24, 2013, Council Members Jenkins and McCammack changed their votes to a "yes" and the personnel actions 7-16 were approved by a 4-1 vote. *Note: Subsequently, at the Adjourned Regular/Special Meeting held on January 28, 2013, the matter was reconsidered and the classified personnel actions 7-16 were approved by the following vote: Ayes: Marquez, Shorett, Johnson, McCammack. Nays: Jenkins,Valdivia, Kelley. 7B. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino for Consultant Services. (At Meeting of January 7, 2013, Item Continued to January 10, 2013; Item Continued to January 22, 2013.) Motion: Continue to February 4, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 2/4/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 01:28:47 7C. Human Resources Personnel Actions -Unclassified (Continued from January 7, 2013) Council Member Shorett made a motion, seconded by Council Member Marquez, to approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures Substitute Motion: Continue the matter to April 15, 2013. 0 Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [3 TO 31 —MAYOR BROKE TIE WITH A"YES"VOTE ,MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley NAYS: Virginia Marquez, Fred Shorett, Wendy J. McCammack ABSENT: Rikke Van Johnson 01:31:56 Motion: To reconsider the item to allow for public comments. RESULT: ADOPTED [UNANIMOUS] 01:33:37 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson Public Comments: Paul Sanborn, San Bernardino, CA. Motion: Continue the matter to April 15, 2013. . RESULT: FAILED 13 TO 31 —MAYOR BROKE TIE WITH A"NO" VOTE MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley NAYS Virginia Marquez, Fred Shorett, Wendy J. McCammack ABSENT: Rikke Van Johnson 01:34:42 l Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [3 TO 31 —MAYOR BROKE TIE WITH A"YES"VOTE MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley ABSENT: Rikke Van Johnson 01.35:11 7D. Police ® Res. 2013-8 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposals (RFP) for Parking Citation Processing Services. (Continued from January 7, 2013) Mayor and Common Council ojthe City ojSan Bernardino Page 8 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 Alotion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:37:36 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 8. Staff Reports 8A. City Attorney RES. 2013-9 — A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Service Agreement for Municipal Waste Hauling to Burrtec Waste Industries, Inc. pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. Note: Agenda Items 8A and 8B were considered simultaneously. City Attorney Penman stated that his office had completed the work on these items, but Attorney Tom Clark of Stradling, Yocca, Carlson and Roth, who specializes in municipal issues, did the final review and signed off on the agreements. However, to avoid the ii.,i appearance of a conflict he asked Mr. Clark to take his seat at the table and he left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:54:08 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack 1 ABSENT: Rikke Van Johnson -J 8B. City Attorney RES. 2013-10 — A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Service Agreement for Municipal Waste Hauling to Republic Waste Services of Southern California, LLC, D.B.A. Inland Regional Material Recovery Facility, pursuant to San Bernardino Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. 0 Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed//23/20 33 Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [UNANIMOUS] 01:54:08 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 8C. City Manager Oral Report from Police Chief Robert Handy Regarding RFP Received by the City of San Bernardino from the San Bernardino County Sheriffs Department for Contractual Law Enforcement Services Police Chief Handy submitted into the record a Staff Report addressed to the Honorable Mayor and Members of the Common Council dated January 22, 2013, regarding Summary Analysis of Sheriff's Department Proposal and provided an overview of same. Ultimately the numbers—with the City budget running about $54 million, and the sheriff's proposal coming in at a possible $78 million—were not compatible with a change in the provision of services. Public Comments: William Valle, San Bernardino, CA Motion: Receive and file, and thank the Sheriffs office for a thorough and professional report. RESULT: ADOPTED [5 TO 01 02:29:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 8D. 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. Mayor and Common Council of the City of San Bernardino Page 10 Printed!/2311073 Joint Regular Meeting Minutes January 22, 2013 RESULT: FAILED [3 TO 21 * 02:30:27 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Wendy J. McCammack NAYS: Robert D. Jenkins, John Valdivia ABSENT: Chas A. Kelley, Rikke Van Johnson !. *Note: Later in the meeting, Council Member Jenkins changed his vote to a `eyes" and the personnel actions were approved by a vote of 4 to 1. 8E. Council Office Discussion of Funding for Street Lights Council Member Valdivia stated that in the summer of 2012 he issued a point of view regarding the importance of our street lights in the city of San Bernardino. He stated that he thought there was more opportunity for the street lights to be funded and he wanted to open that discussion with Brandon Mims of the City Manager's office. Brandon Mims, City Manager's office, stated that Councilman Valdivia had approached him about the availability of Community Development Block Grant (CDBG) funds that either were not programmed, or were attached to projects that have been cancelled, or are open and have no activity. He stated that the total amount available that would fit the criteria is approximately $360,000. Those are projects that have no activity, or were cancelled in past program years. Acting City Manager Travis-Miller agreed that street lights need to be on, but she would want the Council to review the projects not moving forward, to make sure the Council wants to prioritize street lights differently. Then they will amend that plan as soon as they can and utilize those monies. Mr. Mims indicated that the project that comprises the actual $366,539.58 is an open inactive 2006 demolition project that would have been a part of Code Enforcement's beautification/abatement project. Motion: Continue the matter to February 4, 2013, to allow the City Manager time to perform additional analysis regarding availability of these CDBG funds. RESULT: CONTINUED 15 TO 01 Next: 2/4/2013 1:30 PM i MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack L ABSENT: Chas A. Kelley, Rikke Van Johnson 02:42:45 C Mayor and Common Council of the City of San Bernardino Page I I Printed 1123/2013 Joint Regular Meeting Minutes January 22, 2013 8F. Council Office Recommendation to Study Outdoor Vending to Include, But Not Limited To, Yard Sales and Swap/Flea Market, to the Ways and Means Committee, and Explore Quality of Life Improvements as it Pertains to Business Licensing and Related Issues Affecting Area Residents. Council Member McCammack stated that she thought it was incumbent upon the Council Member who placed this item on the agenda to provide some guidelines to the Committee as to what direction he would like them to follow. She stated that the request was very open ended and she did not know where the Committee would begin. Motion: Continue the matter to February 4, 2013, to allow Council Member Valdivia time to prepare a presentation for the entire Council regarding the scope and parameters of his request. RESULT: CONTINUED [5 TO 01 Next: 2/4/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson 02:48:27 8G. Human Resources Personnel Actions - Unclassified �... City Attorney Penman distributed and reviewed in detail with the Mayor and Council an interoffice memorandum he sent to the Mayor and Common Council dated January 18, 2013, regarding a Request for Four Additional City Attorney Investigators. He also submitted an intra-office memorandum from Kimberley Green, Administrative Analyst, to James F. Penman, City Attorney, dated January 4, 2013, regarding Administrative Civil Penalties' Citation Totals. Public Comments: Jim Gerstenslager, San Bernardino, CA Roger Henderson, San Bernardino, CA Paul Sanborn, San Bernardino, CA Shirley Harlan, San Bernardino, CA Barbara Babcock, San Bernardino, CA Jim Smith, San Bernardino, CA Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. Q Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 1123/20 33 Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [4 TO 11 03:06:36 QMOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Virginia Marquez, Robert D. Jenkins,John Valdivia, Wendy J. McCammack NAYS: Fred Shorett ABSENT: Chas A. Kelley, Rikke Van Johnson 8H. Human Resources 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, and Related Committees. Motion: Continue the matter to the adjourned meeting scheduled for January 24, 2013. -- --- — RESULT: CONTINUED [5 TO 01 Next: 1/24/2013 3:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 04:12:13 81. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. Motion: Continue the matter to the meeting of February 19, 2013. RESULT: CONTINUED [5 TO 0] Next: 2/19/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 04:13:03 8J. Parks. Recreation & Community Services Resolution of the Mayor and Common Council Authorizing the City Manager to Exercise Year 2 of Four Optional Single Year Renewals of a Contractual Agreement Between the City of San Bernardino and the San Bernardino City Unified School District — Public Safety Academy for Shared Use of the Recreation Facilities at the Galaxy Building and Norton Recreation Center for One Year August 1, 2012 through July 31, 2013. Motion: Continue the matter to the meeting of February 19, 2013. Mayor and Common Council ofthe City of San Bernardino Page 13 Printed 1/272013 Joint Regular Meeting Minutes January 22, 2013 RESULT: CONTINUED [5 TO 01 Next: 2/19/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 04:14:03 81C Parks. Recreation & Community Services RES. 2013-11 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Renewal Local Incentive Grant Award Agreement with the San Bernardino County Department of Public Health in the Amount of$114,750 for a Three-Year Period — February 1, 2013 through September 30, 2016. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:14:44 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 8L. Police RES. 2013-12 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Modification of Fund Expenditures of the FY 2009 Justice Assistance Grant (JAG) American Recovery and Reinvestment Act (ARRA) Grant from Personnel to Equipment Purchases; and Authorizing the Purchase of Desktop Computers from Inland Computer Systems, and Tasers and Equipment from ProForce Law Enforcement. It was noted that on the Staff Report,page 504 of the agenda backup, second paragraph, the date should be changed from 2013 to 2012. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:15:32 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 0 Mayor and Common Council ofthe City of San Bernardino Page 14 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 8M. Public Works RES. 2013-13 - Resolution of the City of San Bernardino adopting the Five-Year Capital Project Needs Analysis (2013-2018) for Measure 12010-2040 Expenditures. Motion: Adopt the Resolution RESULT: ADOPTED [5 TO 0] 04:17:29 1 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson Motion: To reconsider Agenda Item 8M to allow for public comments. RESULT: ADOPTED [5 TO O] 04:21:51 MOVER: Robert Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson Public Comments: Paul Sanborn, San Bernardino, CA Motion: Adopt the Resolution. RESULT: ADOPTED 15 TO 01 04:24:05 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 8N. Public Works RES. 2013-14 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to an Agreement and Issuance of a Purchase Order to Cal Stripe Inc. for Citywide Traffic Striping and Pavement Markings. Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 15 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [5 TO 01 04:19:55 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett,McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 80. Public Works RES. 2013-15 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue 'Request for Proposals for Elevator and Escalator Maintenance Service in Various City Buildings" RFP F-13-20. Council Member McCammack stated that she would abstain on this item because her brother is in the elevator/escalator maintenance business. Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 0] 04:20:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Robert D. Jenkins, John Valdivia, Fred Shorett ABSTAIN: Wendy J. McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson l 8P. Public Works RES. 2013-16 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue the Notice Inviting Sealed Bids for the Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 0] 04:24:28 l MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 9. Public Comments on Items Not on the Agenda Sandra Olivas, San Bernardino, spoke about pulling together as a city to make things better. Paul Sanborn, San Bernardino, spoke about the prospect of pre-selling grave sites to raise $25 million for the City Mayor and Common Council ofthe City ojSan Bernardino Page 16 Printed 112312013 Joint Regular Meeting Minutes January 22, 2013 Shirley Harlan, San Bernardino, spoke about the perception people have of San Bernardino and said that the Council's actions are demeaning. She asked fellow residents to let their Council Member know how they are perceived by the residents. Debbi Matley, San Bernardino, spoke about the Quality of Life Ad Hoc Committee and asked if it had met yet. She said the public needs the committee to meet to open up a dialog about the issues. Betty Rochelle, San Bernardino, spoke about being jobless with no income, and said that when she runs out of food stamps, she has to ask people for help to get something to eat. She said Occupy San Bernardino is seeking a space to relocate people to on a long term basis, no further than 3 miles from downtown. She submitted a copy of a letter to the Mayor for review. Larry Sharp, San Bernardino, asked about the Council's strategy insofar as developing a real plan as required by the bankruptcy judge. Betty Jean Long, San Bernardino, spoke about the distribution of power among the Mayor and Common Council. 10. Adjournment At 8:03 p.m. the meeting adjourned in memory of Celedonio "Sal" Saavedra, to 3:30 p.m., Thursday, January 24, 2013, in the Council Chamber. 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, February 4, 2013. GEORGEANN"GIGI"HANNA City Clerk By Linda E. Hartze Deputy City Clerk Mayor and Common Council ojthe City of San Bernardino Page 17 Printed 112311013