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DOC ID: 2234
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Council Minutes
From: City Clerk M/CC Meeting Date: 01/07/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): N/A
Subject:
Council Minutes
Financial Impact:
No Cost to the City
Motion: Approve the minutes of the Mayor and Common Council meetings of December
3,2012 and December 17, 2012, as submitted.
Supporting Documents:
12-03-2012 Jt. Reg. (Draft)_& (PDF)
12-17-2012 Jt. Reg. (Draft)_,gh (PDF)
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Updated: 1/3/2013 by Georgeann"Gigi"Hanna
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City of San Bernardino Mayor Patrick J. Morris
300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez
Robert D.Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
Chas A. Kelley
Rikke Van Johnson
Wendy J. McCammack
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DRAFT MINUTES a
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL v
OF THE CITY OF SAN BERNARDINO °
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY —
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING s
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AS THE HOUSING AUTHORITY
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DECEMBER 3,2012 °
COUNCIL CHAMBERS
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The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was o
called to order by Mayor Patrick J. Morris at 1:43 p.m., Monday, December 3, 2012, in the M
Council Chambers, 300 North "D" Street, San Bernardino,California.
Roll Call
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Attendee Name Title Status Arrived s
Virginia Marquez Council Member, Ward 1 Present 1:30 PM @
Robert D. Jenkins Council Member, Ward 2 Present 1:30 PM
John Valdivia Council Member, Ward 3 Present 1:30 PM
Fred Shorett i Council Member, Ward 4 Present 1:30 PM
Chas A. Kelley Council Member, Ward 5 Present 2:08 PM
Rikke Van Johnson Council Member, Ward 6 Present 1:45 PM
Wendy J. McCammack Council Member, Ward 7 Present 1:30 PM
Patrick J. Morris Mayor Present 1:30 PM
James F. Penman City Attorney Present 1:30 PM
Georgeann "Gigi" Hanna City Clerk Present 1:30 PM
Andrea Travis-Miller - City Manager Present 1:30 PM
Mayor and Common Council of the City ofSan Bernardino Page 1
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Joint Regular Meeting Minutes December 3, 2012
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-
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Glen Aire Mobilehome Park Corp., et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 111410.
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B. Conference with legal counsel - anticipated litigation - significant exposure to 0
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code
Section 54956.9:
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United States Department of Housing and Urban Development v. City of San o
Bernardino
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision(c) of Government Code Section 54956.9: —
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City of San Bernardino v.Ali Yasin, Allad Investments; 0
City of San Bernardino v. Singkamas Co., LLC,
O City of San Bernardino v. Wesley Bean; N
City of San Bernardino v. Arlan Bolden; `=-
City of San Bernardino v. Noelyn &Marvin Prado;
City of San Bernardino v. Peter Berrocal as Trustee of the 854 W 40 Place
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D. Closed Session-personnel -pursuant to Government Code Section 54957. d
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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 c
public facilities-pursuant to Government Code Section 54957. M
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. c
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
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City Attorney Penman announced that the following additional item would be discussed
in closed session:
Potential legal issues regarding Agenda Item No. 7I.
City Attorney Penman announced that the following additional item had been discussed
Cin closed session:
Complaint filed by Ms. Katrina Mennell against the City.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes December 3, 2012
_ Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland 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 Timothy J. Sabo.
Invocation/Pledge of Allegiance
The invocation was given by Council Member Johnson. The Pledge of Allegiance was
led by Jeremiah Gardner, a third grade student at Taft T.Newman Leadership Academy.
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2. Appointments
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2A. Mayor's Office
Appointment of Judith Valles to the Board of Water Commissioners - Mayor Patrick J.
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Morns
Motion: Approve the appointment of Judith Valles to the Board of Water
Commissioners as requested by Mayor Patrick J. Morris.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J. McCammack, Council Member,Ward 7 M
SECONDER: Fred Shorett, Council Member,Ward 4 N
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack s
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3. Presentations o
3A. Chamber of Commerce Announcements -Ron Coats
4. Announcements - Mayor, Members of the Common Council, and
Elected Officials M
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5. Consent Calendar
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5A. City Clerk L
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Waive Full Reading of Resolutions and Ordinances =°
Motion: Waive full reading of resolutions and ordinances on the joint regular
agenda dated December 3, 2012.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack —
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes December 3, 2012
6. Public Hearings to be heard at 4:00 p.m.
6A. Community Development
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending San Bernardino Development Code Section 19.20.030(8) to Allow 16-Foot
Tall Fences and Walls Behind Required Yards on Properties Located Within the
Industrial Land Use Districts. (FIRST READING)
Mayor Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the o
following individual that he would provide true and honest testimony: N
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Ed Bonadiman, San Bernardino, CA, spoke in support of the ordinance. E
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Motion: Close the hearing; approve the proposed Development Code Amendment; °
and lay over Ordinance for final adoption.
RESULT: FIRST READING 15 TO 2] Next: 12/17/2012 1:30 PM
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MOVER: Chas A. Kelley, Council Member, Ward 5
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SECONDER: Robert D. Jenkins, Council Member, Ward 2 Q
AYES: Marquez, Jenkins,Kelley,Johnson, McCammack N
NAYS: John Valdivia, Fred Shorett
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611. Community Development
An Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino °
Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino
Development Code, to Bring the Development Code into Compliance with Certain State
Laws and Amend Development and Administration Processes Standards Within the N
Development Code. (FIRST READING) o
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Mayor Morris opened the hearing. °
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No public comments were received.
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Motion: Close the hearing; and lay over Ordinance for final adoption.
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RESULT: FIRST READING [UNANIMOUS] Next: 12/17/2012 1:30 PM
MOVER: Chas A. Kelley,Council Member, Ward 5
SECONDER: Rikke Van Johnson,Council Member, Ward 6
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack
Mayor and Common Council ofthe City of San Bernardino Page 4
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Joint Regular Meeting Minutes December 3, 2012
6C. Community Development
An Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino
Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino
Development Code,to Revise the Standards Contained Within Chapter 19.70, Temporary
Use Permits. (FIRST READING)
Mayor Morris opened the hearing.
No public comments were received.
Motion: Close the hearing; and lay over Ordinance for final adoption.
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RESULT: FIRST READING 15 TO 21 Next: 12/17/2012 1:30 PM
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MOVER: Wendy J. McCammack,Council Member, Ward 7
SECONDER: Chas A. Kelley, Council Member,Ward 5
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AYES: Marquez, Jenkins,Kelley, Johnson,McCammack
NAYS: John Valdivia,Fred Shorett
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6D. Community Development 'o
RES. 2012-279 — A Resolution of the Mayor and Common Council of the City of San 0.
Bernardino Adopting General Plan Amendment No. 12-05,to Amend the San Bernardino N
General Plan Circulation Element to Close a 225-Foot Long Portion of 3rd Street
Between "J" Street and the Railroad Right-Of-Way to the East, Close a 160-Foot Long
Segment of "I" Street Between Rialto Avenue and the Railroad Right-Of-Way to the !
South to Facilitate the Construction of the Downtown San Bernardino Passenger Rail R
Project, and to Add Text to Acknowledge the Future Passenger Rail Service by °
SANBAG. 6
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Mayor Morris opened the hearing.
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Motion: Close the hearing; and adopt the Resolution. N
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RESULT: ADOPTED [6 TO 11 N
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez,Jenkins, Shorett,Kelley,Johnson, McCammack
NAYS: John Valdivia a
7. Staff Reports
7A. City Clerk
Approval of Local Appointments List Per Maddy Act
Council Member Kelley made a motion, seconded by Council Member Johnson, to
approve the Local Appointments List of all regular and ongoing boards, commissions,
and committees and direct the City Clerk to send a copy of the list to the Feldheym
Mayor and Common Council of the City of San Bernardino Page 5
6.C.a
Joint Regular Meeting Minutes December 3, 2012
Library for posting pursuant to Government Code Section 54973. No vote was taken.
Substitute
Motion: Continue the matter to the Council meeting of December 17,2012.
RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM
MOVER: Wendy J. McCammack,Council Member, Ward 7
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
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7B. City Clerk N
Resolution of the Mayor and Common Council of the City of San Bernardino and the
Mayor and Common Council Acting as the Successor Agency to the Redevelopment E
Agency Amending Resolution No. 2010-395, Appendix A of the City's Conflict of a
Interest Code.
Motion: Continue the matter to the Council meeting of December 17,2012. 'c
RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM
MOVER: Rikke Van Johnson, Council Member,Ward 6
SECONDER: John Valdivia, Council Member, Ward 3 M
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack N
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7C. Civil Service
Personnel Actions- Classified o
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
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Bernardino. o
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RESULT: ADOPTED [UNANIMOUS] N
MOVER: Rikke Van Johnson,Council Member, Ward 6
SECONDER: Wendy J. McCammack, Council Member, Ward 7 E
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack U
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Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes December 3, 2012
7D. Council Office
San Bernardino Hometown Heroes Military Banner Program
Motion: To ratify the action taken by the Military Banner Ad Hoc Committee to
update the criteria based on current requests.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Wendy J. McCammack, Council Member,Ward 7
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack N
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7E. Human Resources
Direct the City Manager to Issue a Request for Proposal for Workers' Compensation E
Third Party Administration Services
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Submitted into the record was an email from James Penman to Andrea Travis-Miller,
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dated December 3, 2012, Re: Agenda Item 7E-RFP for Workers' Comp. 'c
Motion: Direct the City Manager to issue a Request for Proposal for Workers'
Compensation third parry administration services forthwith including the o
approval of the implementation of the timeline discussed in the attached
Request for Proposal. M
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RESULT: ADOPTED [6 TO 1] s
MOVER: Fred Shorett, Council Member,Ward 4 Oil
SECONDER: Virginia Marquez, Council Member, Ward I i
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson o
NAYS: Wendy J. McCammack rn
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7F. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino N
Authorizing the Execution of the First Amendment to the Consultant Services Agreement o
Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor
Negotiator Services.
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Council Member Johnson made a motion, seconded by Council Member Marquez, to
adopt the Resolution. No vote was taken. M
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Substitute
Motion: Continue the matter to the Council meeting of December 17, 2012; and
provide the Council with a running tally as to what has been approved and
spent on the bankruptcy experts.
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Mayor and Common Council of the City of San Bernardino Page 7
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Joint Regular Meeting Minutes December 3, 2012
RESULT: CONTINUED [5 TO 21 Next: 12/17/2012 1:30 PM
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Robert D. Jenkins, Council Member,Ward 2
AYES: Marquez, Jenkins,Valdivia, Johnson,McCammack
NAYS: Fred Shorett, Chas A. Kelley
7G. Public Works
Authorization to Increase Integrated Waste Division Rates by the Annual Cost Index, as
Described in Section 20 of Resolution 2008-433
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Council Member Kelley made a motion, seconded by Council Member Jenkins, to amend
Motion 1 to include an automatic Consumer Price Index (CPI) increase. No vote was
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.Substitute �
Motion: Continue the matter to the Council meeting of December 17, 2012, m
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RESULT: CONTINUED [UNANIMOUS] Next: 12/17/2012 1:30 PM
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member,Ward 1
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AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack U
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7H. Public Works
Direct Staff to Prepare Amendments to Existing Agreements with Burrtec and Republic
for Waste, Recyclables and Greenwaste Processing
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Council Member Kelley made a motion, seconded by Council Member Marquez, to
direct staff to prepare amendments to existing agreements with Buntec and Republic for
a five-year term, with a single five-year extension option for waste, recyclables and
greenwaste processing for the Mayor and Common Council's approval. No vote was N
taken.
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Council Member McCammack made a substitute motion, seconded by Council Member
Valdivia, to direct staff to prepare amendments to existing agreements with Burrtec and
Republic for a ten-year term, with five one-year extension options for waste, recyclables
and greenwaste processing for the Mayor and Common Council's approval. The vote
was taken following further discussion.
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Minutes December 3, 2012
Motion: Direct staff to prepare amendments to existing agreements with Burrtec
and Republic for a ten-year term, with five one-year extension options for
waste, recyclables and greenwaste processing for the Mayor and Common
Council's approval; and give the City Manager and the City Attorney
authorization to begin the commencement date of the two agreements
earlier if the needs of the bankruptcy court and the litigation with the
County so require.
RESULT: VOTE FOR APPROVAL VETOED BY MAYOR
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: John Valdivia,Council Member,Ward 3 0
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AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack N
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NAYS: Virginia Marquez,Fred Shorett, Rikke Van Johnson n
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Motion: Direct staff to prepare amendments to existing agreements with Burrtec °
and Republic for a five-year term, with a single-five-year extension option
for waste, recyclables and greenwaste processing for the Mayor and c
Common Council's approval; and give the City Manager and the City
Attorney authorization to begin the commencement date of the two
agreements earlier if the needs of the bankruptcy court and the litigation 0
with the County so require.
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�. RESULT: ADOPTED [4 TO 31
MOVER: Fred Shorett, Council Member,Ward 4 °
SECONDER: Virginia Marquez,Council Member, Ward 1
AYES: Virginia Marquez,Fred Shorett,Chas A. Kelley,Rikke Van Johnson °
NAYS: Robert D.Jenkins,John Valdivia,Wendy J. McCammack
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7I. Public Works o
RES. 2012-280 — Resolution of the City of San Bernardino Rescinding Resolution No. M
2012-192 Approving an Agreement for Services with Willdan for Design of the N
Widening of Fortieth Street from Johnson Street to Electric Avenue(SS04-014).
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Motion: Adopt the Resolution. E
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RESULT: ADOPTED [6 TO 11 Q
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson
NAYS: Wendy J. McCammack
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Mayor and Common Council of the City of San Bernardino Page 9
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Joint Regular Meeting Minutes December 3, 2012
7J. Public Works
RES. 2012-281 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing Approval of Change Order No. 1 to Lighting Technology
Services, Inc., for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym
Central Library, and Central Police Station in the Amount of$20,524.40.
The City Attorney's office submitted into the record and distributed to the Council a copy
of the executed resolution, which had been posted electronically, but was not part of the
printed backup.
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 11
MOVER: Virginia Marquez,Council Member, Ward 1
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SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack o
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NAYS: John Valdivia
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71C Public Works
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RES. 2012-282 — Resolution of the Mayor and Common Council of the City of San 'o
Bernardino Authorizing the Mayor to Execute an Agreement Relative to the Selling Price
of Tax-Defaulted Property Generally Located on 21st Street, East of Macy Street, in the M
ij City of San Bernardino, Proposed to be Purchased from the County of San Bernardino
���•••/// Tax Collector by the San Bernardino County Flood Control District. t
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City Attorney Penman recommended that lines 21 and 22 be amended as follows: "The
Mayor is hereby authorized to execute the Agreement to Purchase the above described o
Tax Defaulted Property. . ."; and line 27 shall read, "behalf of the City any future m
relevant Agreements to Purchase this Tax Defaulted Property as described herein by 0:
parcel number,pursuant to Section 3775 of the California Revenue and Taxation Code."
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Motion: Adopt the Resolution, as amended. N
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RESULT: ADOPTED [UNANIMOUS
MOVER: Chas A. Kelley, Council Member, Ward 5 d
SECONDER: Rikke Van Johnson, Council Member,Ward 6 t
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AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
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7L. Public Works
RES. 2012-283 — Resolution of the Mayor and Common Council of the City of San
Bernardino Initiating a Request for Proposals for the Design and Construction of Off-Site
Storm Drain Improvements in the Area South of the San Manuel Band of Mission Indians
Reservation.
Council Member McCammack stated that she would be abstaining on this item because
the San Manuel Band of Mission Indians is a client of her business. She left the Council
Chambers and returned after the vote was taken.
Mayor and Common Council of the City of San Bernardino Page 10
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Joint Regular Meeting Minutes December 3, 2012
Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 01
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson
ABSTAIN: Wendy J. McCammack
8. Public Comments on Items Not on the Agenda
Matt Owen, San Bernardino, CA, spoke about the planned repair to the Dr. Martin o
Luther King statue and the City's bankruptcy; stated that SANBAG should charter a N
Bank of San Bernardino Valley; and spoke about the current economic situations in M
Richmond, California, Greece, and Spain, where the world's largest worker-owned E
cooperative is operating. v
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Betty Jean Long, San Bernardino, CA, stated that the City's money was used by elected
officials on their private campaigns and they should all go to jail.
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9. Adjournment o
The meeting adjourned at 6:55 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency M
to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, December 17, 2012,
in the Council Chambers of City Hall.
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GEORGEANN"GIGI"HANNA
City Clerk
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Linda Sutherland N
Deputy City Clerk N
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Mayor and Common Council of the City of San Bernardino Page 11
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City of San Bernardino Mayor Patrick J. Morris
300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez
Robert D. Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
Chas A. Kelley
Rikke Van Johnson
Wendy J. McCammack
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DRAFT MINUTES
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL d
OF THE CITY OF SAN BERNARDINO °
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 5
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND N
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY !
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MONDAY,DECEMBER 17, 2012
COUNCIL CHAMBERS
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 1:37 p.m., Monday, December 17, 2012, in the N
Council Chambers of City Hall, 300 North "D" Street, San Bernardino,California.
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Call to Order N
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. E
Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. n
John Valdivia Council Member, Ward 3 Present 1:30 p.m.
Fred Shorett Council Member, Ward 4 Present 1:30 p.m.
Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m.
Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m.
Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m.
Patrick J. Morris Mayor Present 1:30 p.m.
James F. Penman City Attorney Present 1:30 p.m.
Georgeann "Gigi" Hanna_ i C
Clerk Present 1:30 p.m.
Andrea Travis-Miller City Manager Present 1:30 p.m.
Mayor and Common Council of the City of San Bernardino Page t
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Joint Regular Meeting Minutes December 17, 2012
1. Closed Session —Pursuant to Government Code Section(s):
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.
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code r
Section 54956.9. N
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - E
pursuant to subdivision(c) of Government Code Section 54956.9:
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State of California, Department of Finance Letter, December 2012
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D. Closed Session-personnel -pursuant to Government Code Section 54957.
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E. Closed session with Chief of Police on matters posing a threat to the security of 'o
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957. N
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6: !
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Police Safety °
Police Management
Fire Safety W,
Fire Management
Middle Management o
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Management/Confidential N
G. Conference with real property negotiator - pursuant to Government Code Section d
54956.8. z
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Reading of Resolutions and Ordinances a
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 Reverend David McLaughlin from St. Paul's United Methodist
Church. The Pledge of Allegiance was led by Allen Lopez, a sixth grade student from Davidson
CElementary School.
Mayor and Common Council of the City of San Bernardino Page 2
6.C.b
Joint Regular Meeting Minutes December 17, 2012
2. Appointments
There were no Commission appointments.
3. Presentations
3A. Student of the Month — LaShane Donelson from Middle College High School --
Council Member Valdivia
3B. Resolution of Commendation -- Former 43rd District Congressman Joe Baca --
Council Member Kelley
3C. San Bernardino Police Department Annual Awards Ceremony c
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3D. Chamber of Commerce Announcements—Jim Gerstenslager E
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4. Announcements -- Mayor, Members of the Common Council, and
Elected Officials
Acting City Manager Andrea Travis-Miller distributed a document titled, City of San
Bernardino, Budgetary Analysis and Recommendations for Budget Stabilization, with a
redline date of December 13, 2012. o
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Police Chief Handy provided information regarding response times. M
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5. Consent Calendar
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5A. City Clerk °
Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the joint regular
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agenda dated December 17,2012. b
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RESULT: ADOPTED [UNANIMOUS] N
MOVER: Robert D. Jenkins,Council Member, Ward 2
SECONDER: Virginia Marquez, Council Member, Ward 1 d
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
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5B. Community Development
ORD. MC-1384 - An Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending San Bernardino Development Code Section 19.20.030(8), to
Allow 16-Foot Tall Fences and Walls in the Industrial Land Use Districts. (FINAL
` READING)
Mayor and Common Council of the City of San Bernardino Page 3
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Motion: Adopt the Ordinance.
RESULT: ADOPTED [5 TO 21
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Chas A.Kelley,Council Member,Ward 5
AYES: Marquez,Jenkins,Kelley,Johnson, McCammack
NAYS: John Valdivia, Fred Shorett
5C. Community Development N
ORD. MC-1383—An Ordinance of the City of San Bernardino Amending Title 19 of the N
San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the
San Bernardino Development Code, to Bring the Development Code into Compliance s
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with Certain State Laws and Amend Development and Administration Processes u
Standards Within the Development Code. (FINAL READING) o
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Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS] v
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MOVER: Robert D.Jenkins, Council Member,Ward 2 'o
SECONDER: Virginia Marquez, Council Member,Ward 1
" AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack N
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5D. Community Development
ORD. MC-1385—An Ordinance of the City of San Bernardino Amending Title 19 of the 2
San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the °
San Bernardino Development Code, to Revise the Standards Contained Within Chapter 6
19.70,Temporary Use Permits. (FINAL READING)
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Motion: Adopt the Ordinance. o
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RESULT: ADOPTED [6 TO 11 N
MOVER: Rikke Van Johnson, Council Member, Ward 6
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SECONDER: Wendy J. McCammack, Council Member,Ward 7 m
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AYES: Marquez,Jenkins, Shorett,Kelley,Johnson,McCammack
NAYS: John Valdivia a
6. Public Hearings
6A. Community Development
RES. 2012-284 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Final Map for Tract Map No. 17703-1, Located on the South
Side of Northpark Boulevard Between University Parkway and Ash Street in the CG-2,
Commercial General Land Use District,Accepting the Public Dedications as Set Forth on
Said Map; and Authorizing Execution of the Standard Form of Agreement for the
Improvements in Said Subdivision,with Time for Performance Specified.
Mayor and Common Council of the City of San Bernardino Page 4
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Joint Regular Meeting Minutes December 17, 2012
Mayor Moms opened the hearing.
No public comments were received.
Motion: Close the hearing; and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Rikke Van Johnson, Council Member,Ward 6
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N
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7. Continued Items
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7A. City Clerk o
RES. 2012-285 - Resolution of the Mayor and Common Council of the City of San
Bernardino and the Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency Amending Resolution No. 2010-395, Appendix A, Regarding
the City's Conflict of Interest Code.
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Motion: Adopt the Resolution, with the position of Assistant City Clerk remaining
in Appendix A. N
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RESULT: ADOPTED [UNANIMOUS] L
MOVER: John Valdivia, Council Member,Ward 3 °
SECONDER: Virginia Marquez, Council Member,Ward 1 m
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
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B. City Clerk
RES. 2012-286 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Approving the Local Appointments List and Designating the Norman F. c
Feldheym Central Library as the Public Library to Receive a Copy of the Local
Appointments List(The Maddy Act). N
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3 a
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Minutes December 17, 2012
7C. Human Resources
RES. 2012-287 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of the First Amendment to the Consultant Services
Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino
for Labor Negotiator Services.
Council Member McCammack made a motion, seconded by Council Member Johnson to
adopt the Resolution. (No vote was taken.)
Substitute
Motion: To increase the contract by an additional $25,000 and then report back to
the Council if another increase is needed.
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RESULT: ADOPTED [5 TO 2] E
MOVER: Robert D. Jenkins, Council Member,Ward 2 w
SECONDER: Wendy McCammack, Council Member,Ward 7
AYES: Jenkins,Valdivia,Kelley,Johnson, McCammack
NAYS: Virginia Marquez,Fred Shorett
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Note: The Council noted that they had not received a status report of purchase orders and 0
contracts under$25,000 since June and requested an updated report.
7D. Public Works
Set Public Hearing on February 18, 2013 Regarding Amending Rate Resolution 2008-
433 to Implement CPI rn
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Motion: Set Public Hearing on February 18, 2013 to Amend Resolution 2008-433 0`
to Implement CPI Increases from 2008 to present. m
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J. McCammack, Council Member, Ward 7 N
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SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N
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Mayor and Common Council of the City of San Bernardino Page 6
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8. Staff Reports
8A. City Attorney
RES. 2012-288 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Memorandum of Understanding Between the City of San
Bernardino and the Martin Luther King Statue Restoration Committee and the San
Bernardino Black Cultural Foundation Granting the Committee Authority to Raise Funds
and Oversee the Restoration of the Memorial Statue of Dr. Martin Luther King Jr.
Located in Front of City Hall.
Motion: Adopt the Resolution. N
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RESULT: ADOPTED [UNANIMOUS] v
MOVER: John Valdivia, Council Member, Ward 3 E
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SECONDER: Fred Shorett, Council Member,Ward 4 d
AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack
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811. City Attorney
RES. 2012-289 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Professional Services Agreement with 0
Chadwick J. Bradbury for Collection Services.
- Submitted into the record was an interoffice memorandum dated December 17, 2012, N
from James F. Penman, City Attorney, to the Mayor and Common Council, regarding
Agenda Item No. 8B.
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Also submitted into the record by the City Attorney's office was an updated redline copy
of the Professional Services Agreement for the Retention of Special Counsel for ACP
Collections and Receivership/Rehabilitation Actions. Said agreement was for the
services of Chadwick J. Bradbury. w
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Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 11
MOVER: Wendy J. McCammack, Council Member,Ward 7 E
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Kelley, Johnson, McCammack
NAYS: Fred Shorett a
Mayor and Common Council of the City of San Bernardino Page 7
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8C. City Manner
RES. 2012-290 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Revised Community Development Block Grant (CDBG)
Public Service Application for 2013-2014.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: Wendy J. McCammack,Council Member, Ward 7
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack N
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8D. City Manner E
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RES. 2012-291 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Implementation of the Public Employees' Pension Reform °
Act of 2013 (PEPRA) and Related Public Employees' Retirement Law (PERL)
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Amendments Which Shall Become Applicable and Effective January 1, 2013. 5
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J. McCammack, Council Member, Ward 7 N
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SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack rni
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8E. Civil Service
Personnel Actions- Classified
It was noted that a revised list of classified personnel actions had been submitted which N
included the appointment of a part-time dispatcher for the Fire Department.
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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 E
Bernardino. s
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RESULT: ADOPTED [UNANIMOUS] a
MOVER: Wendy J. McCammack,Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
8F. Community Development
RES. 2012-292 - Resolution of the Mayor and Common Council of the City of San
Bernardino Directing the Community Development Director to Issue "Request for
Proposals for Asbestos Services for Various Locations."
Mayor and Common Council of the City of San Bernardino Page 8
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack
8G. Council Office
2012 National League of Cities (NLC) Congress of Cities and Exposition in Boston,
Massachusetts
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Council Member Kelley provided a brief overview, including information regarding solar
speed signs and military banner programs. E
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No official action was taken. °
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8H. Police
RES. 2012-293 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual c
Purchase Order for Three Years with Three One-Year Renewal Options to Platinum 0
Security, Inc., for Security Guard Services at the Feldheym Library and the San
Bernardino Metrolink Station. v
Motion: Adopt the Resolution; and authorize the Director of Finance to amend the
proposed FY 2012/13 Public Works Department budget by transferring
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part-rime security guard salaries of $95,000.00 in Account No. 001-400-
0037-5505 to the Police Department Downtown Security Contractual °
Services program budget,Account No. 001-210-0033-5502.
RESULT: ADOPTED [UNANIMOUS] N
MOVER: John Valdivia, Council Member,Ward 3 N
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack
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8I. Public Works
RES. 2012-294 — A Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing an Amendment to the Fiscal Year 2011/12 Adopted Budget for
the Engineering, Construction and Management of the Rancho Avenue Pavement Project,
City Project No. 7381 (SSO4-048);the Windsor Drive Pavement Project, City Project No.
7908 (SS11-012) and 7905 (SS11-015); the 21" Street Project, City Project No. 7933
(SS12-006); and the Perris Hill Park Road Project, City Project No. 5504 (SS12-009).
Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 01 N
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Wendy J. McCammack, Council Member,Ward 7
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson
ABSTAIN: Wendy J. McCammack o
8J. Public Works
RES. 2012-296 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern —
California Edison Company Across a Portion of City Owned Property Generally Located
on the North Side of Base Line Street,East of Meridian Avenue. 0
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Motion: Adopt the Resolution. a
RESULT: ADOPTED [6 TO 11
MOVER: Rikke Van Johnson,Council Member,Ward 6 w
SECONDER: Fred Shorett, Council Member,Ward 4 0
AYES: Marquez, Jenkins,Valdivia, Shorett,Johnson,McCammack 6
NAYS: Chas A. Kelley z
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8K. Public Works N
A Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of an Agreement for Municipal Waste Hauling to Burrtec
Waste Industries, Inc. Pursuant to San Bernardino Municipal Code Section c
3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to E
the Adoption of This Resolution. U
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Note: Agenda Item Nos. 8K and 8L were taken simultaneously.
Public Comments
Steve Rogers,Redlands, CA
Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 81,;
direct the City Attorney and the City Manager to return with new
contracts, including the substance of the agreements on today's agenda, on
January 7, 2013; and direct the City Manager to issue purchase orders
today to Burrtec Waste Industries, Inc. and to Republic Services of
Mayor and Common Council of the City of San Bernardino Page 10
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Southern California, LLC, for the pro-rata amounts in the agreements
through January 7, 2013.
RESULT: ADOPTED [6 TO 11
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Kelley, Johnson,McCammack
NAYS: Fred Shorett
8L. Public Works N
A Resolution of the Mayor and Common Council of the City of San Bernardino N
Authorizing the Execution of an Agreement for Municipal Waste Hauling to Republic ;
Services of Southern California, LLC, Pursuant to San Bernardino Municipal Code
Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement v
Prior to the Adoption of This Resolution. o
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Public Comments
Steve Rogers,Redlands, CA
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Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 8L; 'o
direct the City Attorney and the City Manager to return with new
contracts, including the substance of the agreements on today's agenda, on M
January 7, 2013; and direct the City Manager to issue purchase orders
today to Burrtec Waste Industries, Inc. and to Republic Services of t
Southern California, LLC, for the pro-rata amounts in the agreements °
through January 7, 2013.
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RESULT: ADOPTED [6 TO 11
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: John Valdivia, Council Member,Ward 3
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AYES: Marquez,Jenkins,Valdivia,Kelley,Johnson,McCammack N
NAYS: Fred Shorett
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Mayor and Common Council of the City of San Bernardino Page//
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8M. Public Works
RES. 2012-295 - Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to All American Asphalt, Corona, California, for
Pavement Rehabilitation on Four City Streets: Rancho Avenue, from Rialto Avenue to
Foothill Boulevard, Plan No. 12482 (SSO4-048); Windsor Drive, from Baseline Street to
Gilbert Street, Plan No.12803 (SS11-012 & SS11-015); 21st Street, from Valencia
Avenue to Perris Hill Park Road, Plan No. 12818 (SS12-006); and Perris Hill Park Road,
from 21st Street to Pacific Street,Plan No. 12824 (SS12-009).
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 01 N
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MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson o
ABSTAIN: Wendy J. McCammack d
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9. Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency
9A. City Manaaer
RES. 2012-297 - A Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Housing Successor Agency to the
Redevelopment Agency of the City of San Bernardino Determining Certain Loan
Agreements, Promissory Notes, Deed of Trust(s) And/Or Covenants Relating to Certain
Real Property Are Housing Assets and Authorizing the Transfer of Said Housing Assets
from the Former Redevelopment Agency to the City in Its Capacity as Successor
Housing Agency to the Redevelopment Agency of the City of San Bernardino. N
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Public Comments
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Stephen Johns, City employee, San Bernardino, CA, inquired whether the City, as the d
successor agency, was liable for the property taxes on all the properties owned by the
Economic Development Agency. °
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Motion: Adopt the Resolution. 6
RESULT: ADOPTED 16 TO 11
MOVER: Wendy J. McCammack, Council Member, Ward 7 0
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SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack N
NAYS: John Valdivia
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10. New Business
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10A. Unclassified Personnel Action—Appointment of Chris Vogt to the position of Director of
Public Works—effective December 26, 2012
Motion: That the matter arose after the posting of the agenda. N
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RESULT: ADOPTED t4 TO 31
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MOVER: Chas Kelley, Council Member,Ward 5
SECONDER: Robert D. Jenkins, Council Member,Ward 2 d
AYES: Marquez, Shorett, Kelley, Johnson r
NAYS: Robert D. Jenkins,John Valdivia,Wendy McCammack u
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Note: Council Member Jenkins was the seconder of the motion, however, after the vote was
taken,but prior to the vote to appoint Mr. Vogt,he changed his vote to a"no."
Public Comments
Steve Rogers, Redlands, CA
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Motion: Approve the appointment of Chris Vogt to the position of Director of
Public Works, effective December 26,2012
RESULT: ADOPTED 16 TO 01
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson
ABSTAIN: Wendy J. McCammack
11. Public Comments N
Peggi Hazlett, San Bernardino, spoke about a recent carjacking in San Bernardino and N
praised the Police Department's reaction.
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Nick Gonzalez, San Bernardino, spoke about an incident regarding translation at a Lytle o
Creek neighborhood association meeting.
Matt Owen, San Bernardino, spoke about his plan for sustainable development in San
Bernardino.
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Betty Jean Long, San Bernardino, spoke about losing her cell phone at Jack in the Box '
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and asked for its return.
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Eulalee Walker, San Bernardino, spoke about a code enforcement fine for having dirt
showing in her parkways. She said there is a problem with the code and the matter causes r
a lot of duress on senior citizens like herself. She said her new landscape is mowed and °
edged,but that the grass is young and coming up. m
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Juan Figuerroa, San Bernardino, expressed his gratitude and appreciation for those
responsible for getting the lights along Mt Vernon back on. He also criticized the
construction on E street and decried lack of planning.
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12. Adjournment
At 8:26 p.m. the meeting was adjourned in memory of the 26 individuals who lost their N
lives in the New Town, Connecticut shooting. The next joint regular meeting of the
Mayor and Common Council and the Mayor and Common Council Acting as the d
Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, E
January 7, 2013, in the Council Chambers. N
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GEORGEANN "GIGI"HANNA
City Clerk
By
Linda Hartzel
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 14
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