HomeMy WebLinkAbout08.C- City Clerk DOC ID: 2233
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann"Gigi" Hanna M/CC Meeting Date: 02/04/2013
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 September
4,2012 and September 17, 2012, as submitted.
Supporting Documents:
09-04-2012 &09-05-2012 Jt. Reg. (Dra1t)__gh (PDF)
09-17-2012 Jt. Reg. (Draft)_gh (PDF)
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Updated: 1/31/2013 by IQM2 Admin
� SEPTEMBER 4 & �
� SEPTEMBER 5 , 2012 �
� MINUTES �
4
� JT . REGULAR �
� ( DRAFT) �
�B�gNAt2pt�o City of San Bernardino Mayor Patrick J. Morris
SQ 300 North "D" Street Council Members
Virginia Marquez
° San Bernardino, CA 92418 g q
� Robert D. Jenkins
` S http://www.sbcity.org John Valdivia
Fred Shorett
�GNpED tN>>� Chas A. Kelley
Rikke Van Johnson
Wendy J. McCammack C°,
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DRAFT MINUTES
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JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
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 0
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
AND °
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING m
AS THE HOUSING AUTHORITY o
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SEPTEMBER 4,2012
COUNCIL CHAMBERS N
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The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was c
called to order by Mayor Patrick J. Morris at 1:30 p.m., Tuesday, September 4, 2012, in the xf
Council Chambers, 300 North"D" Street, San Bernardino, California.
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Roll Call o
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Attendee Name Title Status Arrived °
Virginia Marquez Council Member, Ward 1 Present 1:30 p.m.
Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. E
John Valdivia Council Member, Ward 3 Present 1:30 p.m. R
Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Q
Chas A. Kelley Council Member, Ward 5 Present 3:10 p.m.
Rikke Van Johnson Council Member, Ward 6 Present 3:09 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
Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m.
Andrea Travis-Miller City Manager Present
Mayor and Common Council of the City of San Bernardino Page]
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B.C.a
Joint Regular Meeting Minutes September 4-5, 2012
1. Closed Session - Pursuant to Government Code Seetion(s):
A. Conference with legal counsel - existing litigation-pursuant to Government Code
Section 54956.9[a]:
Placo San Bernardino LLC v. City of San Bernardino, U.S. District Court Case
No. CVII-01187 GW(FMOA).
B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N
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Section 54956.9.
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - a
pursuant to subdivision(c) of Government Code Section 54956.9: to
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City of San Bernardino v.Alfonso and Irma Diaz and Linda & Child Martinez;
City of San Bernardino v. THR California LLC
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D. Closed Session-personnel -pursuant to Government Code Section 54957. 0
E. Closed session with Chief of Police on matters posing a threat to the security of N
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section
54957.6. °
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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 cases would be discussed N
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in closed session: q
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Under Agenda Item No. IA, existing litigation:
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International Union of Operating Engineers, Local 12 v. City of San Bernardino, v
Unfair Practice Charge No. LA-CE-795-M (a public employee relations board o
case ;
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Under Agenda Item No. 1B, significant exposure to litigation: E
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United States Department of Justice v. City of San Bernardino. a
City Attorney Penman announced that the following additional case was discussed in
closed session:
In Re: City of San Bernardino, California, Chapter 9, United States Bankruptcy
l Court,Central District of California(Riverside), Case No. 6:12-bk-28006-MJ.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Minutes September 4-5, 2012
Reading of Resolutions and Ordinances
Deputy City Clerk Montoya read into the record the titles of all the resolutions and
ordinances on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Elder Eddie Kelley from Living Faith Gospel Church. The
Pledge of Allegiance was led by Ryan Bennett, a sixth grade student at the Public Safety
Academy. N
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2. Appointments E
There were no commission appointments. d
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3. Presentations
3A. Resolution -- Steven Oquendo and Irene Montano -- Mida Cafe 75th Anniversary -
Council Member Marquez
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3B. Citizens of the Month — Lynne Wear and Board Members -- Muscupiabe
Neighborhood Association--Council Member Jenkins N
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I 3C. Resolution —Jim Gerstenslager — Western Region Little League Headquarters 40th a
Anniversary--Council Member Kelley w
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3D. Chamber of Commerce Announcements-Jack Avakian o
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4. Announcements - Mayor, Members of the Common Council, and N
Elected Officials
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5. Consent Calendar o
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5A. City Clerk o
Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the joint regular
agenda dated September 4, 2012.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4 a
SECONDER: Robert D. Jenkins,Council Member, Ward 2
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack I
Mayor and Common Council of the City of San Bernardino Page 3
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Joint Regular Meeting Minutes September 4-5, 2012
5B. Community Development
ORD. MC-1376—An Ordinance of the City of San Bernardino Amending Chapter 1.16
of the San Bernardino Municipal Code to Reestablish the Boundaries of the Seven Wards
of the City of San Bernardino. (FINAL READING)
Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS] b
MOVER: Fred Shorett, Council Member,Ward 4 N
SECONDER: Robert D. Jenkins, Council Member, Ward 2
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AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 2
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5C. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as c
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RESULT: ADOPTED [6 TO 11 N
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_ MOVER: Fred Shorett, Council Member,Ward 4 =
SECONDER: Robert D. Jenkins, Council Member,Ward 2 °
AYES: Marquez, Jenkins, Shorett, Kelley,Johnson,McCammack
NAYS: Valdivia °-
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6. Committee Consent N
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6A. City Attorney N
An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding m
Section 3.05.050 to the San Bernardino Municipal Code Regarding Transferring a
Restricted Funds Without Mayor and Common Council Approval. (FIRST READING) N
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Submitted into the record was an interoffice memorandum addressed to Mark F. v
Weinberg, City Manager, from John F. Wilson, Senior Assistant City Attorney, dated o
February 11,2009,regarding City Borrowing from Enterprise Funds.
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Public Comments: E
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Betty Jean Long, San Bernardino, CA o
Stephen Johns, San Bernardino, CA a
Motion: Lay over Ordinance for final adoption.
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Mayor and Common Council of the City of San Bernardino Page 4 loom
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Joint Regular Meeting Minutes September 4-5, 2012
RESULT: FIRST READING [5 TO 21 Next: 9/17/20121:30 PM
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez,Jenkins,Valdivia,Kelley,McCammack
NAYS: Shorett, Johnson
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7. Public Hearings N
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7A. Community Development E
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An Ordinance of the Mayor and Common Council of the City of San Bernardino v
Amending San Bernardino Development Code Section 19.20.030 to Allow the Use of
Barbed Wire,Razor Wire, or Concertina Wire as an Approved Fencing Material. (FIRST d
READING) 'c
Mayor Morris opened the hearing. U
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Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the
following individual that she would provide true and honest testimony: M
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Public Comments:
i Betty Jean Long, San Bernardino, CA, spoke about the homeless and the increase of
crimes in the City.
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Motion: Close the hearing; and lay over Ordinance for final adoption.
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RESULT: FIRST READING [5 TO 21 Next: 9/17/2012 1:30 PM
MOVER: Chas A. Kelley, Council Member,Ward 5 c
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Jenkins,Valdivia,Kelley,Johnson,McCammack o
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NAYS: Marquez, Shorett as
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8. Staff Reports o
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8A. City Manager
RES. 2012-228 — Resolution of the Mayor and Common Council of the City of San E
Bernardino Authorizing the Execution of an Agreement Between the City of San
Bernardino and the San Bernardino Convention and Visitors Bureau dba Route 66 for
City Services for the 23`d Annual Stater Bros Route 66 Rendezvous. a
Public Comments:
Debbi Matley, San Bernardino, CA
Motion: Adopt the Resolution.
Mayor and Common Council ojthe City oJSan Bernardino Page 5
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Joint Regular Meeting Minutes September 4-5, 2012
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
8B. City Manager
RES. 2012-229 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing the City Manager to Execute a Master Services Memorandum of
Understanding with the Water Department for Provision of City Services for Fiscal Year
2012/2013.
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Andrea Travis-Miller, Acting City Manager, advised that the contract cost for N
Information Technology Services contained in Attachment 1 was incorrect and should
have been$262,000. She stated that the amount listed in the agreement was correct. 5
Public Comments:
Stephen Johns, San Bernardino, CA 0
Motion: Adopt the Resolution. M
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® RESULT: ADOPTED [UNANIMOUS]
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Chas A. Kelley, Council Member,Ward 5 2
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AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack
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8C. Community Development
RES. 2012-230 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Approving the Final Map for Tract Map No. 17699, located on the north side N
of Campus Parkway between Pinnacle Lane and Valles Drive in the RL, Residential Low o
Land Use District, accepting the public dedications as set forth on said map; and o
authorizing execution of the standard form of agreement for the improvements in said N
subdivision,with time for performance specified. c
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Motion: Adopt the Resolution. 9
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RESULT: ADOPTED [6 TO 1]
MOVER: Chas A. Kelley, Council Member,Ward 5 E
SECONDER: Wendy J. McCammack, Council Member, Ward 7 _
AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack a
I NAYS: Valdivia
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Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Minutes September 4-5, 2012
8D. Community Development
RES. 2012-231 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Final Map for Tract Map No. 17716, located on the north side
of Pine Avenue between Ohio Avenue and Belmont Avenue in the RL, Residential Low
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.
Motion: Adopt the Resolution.
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RESULT: ADOPTED 16 TO 01
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MOVER: Chas A. Kelley, Council Member,Ward 5 E
SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack y
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ABSTAIN: Valdivia
8E. Information Technolo¢v
RES. 2012-232 — Resolution of the Mayor and Common Council of the City of San
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Bernardino Authorizing the Award of Annual Purchase Orders for the City's 800 MHz u
Voice/Data Backbone, MDC Maintenance, Dispatch Console Maintenance, and User M
Equipment Maintenance with the County of San Bernardino's 800 MHz Group.
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Motion: Adopt the Resolution. °
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack
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8F. Police o
RES. 2012-233 — Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing the Execution of an Agreement with the United States �a
Department of Justice for the San Bernardino Police Department to Participate as a N
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Member of the Drug Enforcement Administration (DEA)Task Force. N
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Motion: Adopt the Resolution. o
RESULT: ADOPTED [UNANIMOUS] E
MOVER: Chas A. Kelley, Council Member, Ward 5
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SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
Mayor and Common Council of[he City of San Bernardino Page 7
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Joint Regular Meeting Minutes September 4-5, 2012
8G. Police
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Lease Agreement and Authorizing the
Issuance of a Purchase Order to Chase Financial Services for a Four Year Parking Lot
Lease and Utility Payments Not to Exceed $40,000 with an Optional Annual Renewal.
Council Member Kelley made a motion, seconded by Council Member Johnson, to adopt
the resolution. No vote was taken.
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Public Comments: N
Draymond Crawford, San Bernardino, CA
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Motion: Continue the matter to the Council meeting of September 17, 2012. N
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RESULT: CONTINUED [5 TO 2] Next: 9/17/20121:30 PM
MOVER: Wendy J. McCammack,Council Member,Ward 7
SECONDER: Chas A. Kelley, Council Member,Ward 5 —
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AYES: Marquez,Jenkins,Valdivia,Kelley,McCammack o
NAYS: Shorett, Johnson
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8H. Public Works
RES. 2012-234 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order
to JTB Supply Company, Inc. for the Purchase of Traffic Signal Controllers and
Cabinets. °
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Public Comments:
Betty Jean Long, San Bernardino,CA
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Motion: Adopt the Resolution. N
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RESULT: ADOPTED [UNANIMOUS] o
MOVER: Chas A. Kelley, Council Member, Ward 5 N
SECONDER: John Valdivia,Council Member,Ward 3 0
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AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack o
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9. Continued Items
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9A. City Clerk
Council Minutes of April 2, 2012; April 3, 2012; April 16, 2012; and April 19, 2012. a
(Continued from August 6,2012.)
Public Comments:
Kathy Mallon, San Bernardino, CA
Motion: Approve the minutes of the following Council meetings: April 2, 2012;
April 3, 2012; April 16, 2012; and April 19, 2012.
Mayor and Common Council of the City of San Bernardino Page 8
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8.C.a
Joint Regular Meeting Minutes September 4-5, 2012
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Rikke Van Johnson, Council Member,Ward 6
AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack
ABSENT: Valdivia
9B. City Mana¢er N
RES. 2012-236 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Adopting the Pre-Pendency Budget Plan. (Continued from August 29, 2012.)
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Kelley Motion: Remove the Fire Chief s proposed budget and replace it with the a
alternate budget savings plan, which was brought forward to this Council at the previous n
meeting; excluding the elimination of the positions at Station 11; consider looking at d
eliminating three additional administrative positions; include monetizing the plan for the
cell phone tower revenues located on City properties to provide at least a million dollars
in revenue enhancements to reduce the severity of the proposed budget cuts to our
residents; and expedite the lease of public/private partnerships with the trash department o
to achieve budget savings and generate ongoing City revenues which will help mitigate Q
cuts to the community and its services. M
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McCammack/Kelley substitute motion: Remove the monetizing of the cell phone r
towers in exchange for monthly revenue streams from the cell towers.
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McCammack/Ketlev motion clarified by City Clerk: Remove the Fire Chief s o
proposed budget and replace it with the alternate budget Council Member Kelley E,
presented at the previous meeting; eliminate the closing of Station 11; and expedite the Of
lease of public/private partnerships with regards to the trash department.
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Presentations were made by Jim Smith, Interim Director of Public Works; Kevin N
Hawkins, Director of Parks, Recreation & Community Services; Jolena Grider, Senior o
Assistant City Attorney; Margo Wheeler, Director of Community Development; Deborah o
Clark, Interim Library Director; Andrea Travis-Miller, Acting City Manager; Jason
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Simpson, Director of Finance; Lea Deesing, Director of Information Technology; Gigi c
Hanna,City Clerk; Jim Morris, Mayor's Chief of Staff; and Kelli Bruhl, Chief Examiner. v
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A document titled, "City Attorney's Office 32% Budget Cut" was distributed to the °
Mayor and Common Council and submitted into the record.
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Council Member Kelley requested clarification that Item No. 3, the elimination of the P @
position(4th firefighter on ME231),would not be part of the motion. a
Council Member McCammack requested information regarding internal service charges
versus actual costs and refuse fund transfers.
Kelley's amendment to motion: Direct the City Manager and the City Attorney's office
to get an RFP back to the Council within two weeks so staff can get moving on revenue
opportunities.
Mayor and Common Council ofthe City of San Bernardino Page 9
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8.C.a
Joint Regular Meeting Minutes September 4-5, 2012
Council Member McCammack amended her motion to include the comment made by
Council Member Kelley.
Public Comments:
Mike Potter, San Bernardino, CA
Kathy Mallon, San Bernardino, CA
Stephen Johns, City employee
George Swift, International Union of Operating Engineers
Draymond Crawford, City employee N
Curtis Stone, City employee N
Robert Cravens, City employee s
Ronald Donis, City employee v
Charles Greenwood,City employee d
George Avery, Redlands,CA
Larry Sharp, Redlands, CA
Elva Vizcaino,City employee
Amended McCammack/Kelley motion as clarified by City Clerk: Remove the Fire
Chief s proposed budget from the Pre-Pendency Plan and replace it with the alternate
budget presented by Council Member Kelley at the previous meeting, with the exception
of the elimination of the P1 position mentioned therein; eliminate the closing of Station
11; expedite the lease of public/private partnerships with regards to the trash department; N
and direct the City Manager and the City Attorney's office to get an RFP to the Council
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within two weeks on revenue opportunities regarding the trash department.
RESULT: VOTE FOR APPROVAL VETOED BY MAYOR R
MOVER: Wendy J. McCammack, Council Member, Ward 7 °
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SECONDER: Chas A. Kelley, Council Member,Ward 5
AYES: Jenkins, Valdivia, Kelley,McCammack N
NAYS: Marquez, Shorett, Johnson N
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Johnson/Marquez substitute motion: Adopt the Pre-Pendency Plan minus the
recommendation from the Fire Chief relative to the savings in the Fire Department.
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RESULT: FAILED 13 TO 41 9 0
MOVER: Rikke Van Johnson, Council Member, Ward 6
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SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez, Shorett,Johnson R
NAYS: Jenkins, Valdivia, Kelley,McCammack a
Note: Discussion of this item was continued to September 5,2012.
Mayor and Common Council ofthe City of San Bernardino Page 10
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8.C.a
Joint Regular Meeting Minutes September 4-5, 2012
10. Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency
10A. City Manaeer
RES. 2012-235 — Resolution of the Successor Agency to the Redevelopment Agency of
the City of San Bernardino Approving the Recognized Obligation Payment Schedule for
the Period of January through June 2013 and Approving Certain Related Actions.
Council Member McCammack stated that she would be abstaining on this item due to the N
fact that several creditors contained on the list are clients of her business. She left the N
Council Chambers and returned after the vote was taken.
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Motion: Adopt the Resolution. d
RESULT: ADOPTED [5 TO 01 N
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MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett,Council Member,Ward 4
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AYES: Marquez, Jenkins, Shorett,Kelley, Johnson
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ABSTAIN: McCammack 0
ABSENT: John Valdivia M
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11. Public Comments on Items Not on the Agenda
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Ron Coats, San Bernardino, CA, spoke about the demographics of the City; asked why
his list of 37 ideas has not been discussed or implemented; suggested holding future °
Council meetings weekly; recommended that any expenditure over $10,000 come before
the full Council for approval; and publicly commended the City Manager for the great job
she is doing. N
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Page Miller, Highland, CA, spoke against Operation Phoenix; asked the City Manager to N
facilitate a better way for future City Managers and Councils to communicate and know
what is going on fiscally; stated that Council members need to meet once a week; and
suggested that the City allow veterans to revitalize abandoned properties and then give a N
veteran that home or help them purchase it with a VA loan. N
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12. Adjournment o
At 12:36 p.m., the meeting adjourned to Wednesday, September 5, 2012, at 3 p.m., in the
Council Chambers of City Hall,to continue discussion of Agenda Item No. 913. 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
1:30 p.m., Monday, September 17, 2012. a
Mayor and Common Council of the City of San Bernardino Page 11
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Joint Regular Meeting Minutes September 4-5, 2012
Reconvene—September 5,2012
The joint regular adjourned regular meeting of the Mayor and Common Council of the City of
San Bernardino was called to order by Mayor Patrick J. Morris at 3:15 p.m.,Tuesday, September
5,2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California.
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 3:00 p.m. N
Robert D. Jenkins Council Member, Ward 2 Present 3:00 p.m. N
John Valdivia Council Member, Ward 3 Present 3:00 p.m.
Fred Shorett Council Member, Ward 4 Present 3:00 p.m. m
Chas A. Kelley Council Member, Ward 5 Present 3:00 p.m. d
Rikke Van Johnson Council Member, Ward 6 Present 3:00 p.m. n
Wendy J. McCammack Council Member, Ward 7 Present 3:00 p.m.
Patrick J. Morris Mayor Present 3:00 p.m.
James F. Penman City Attorney Present 3:00 p.m. —
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Georgeann"Gigi" Hanna City Clerk Present 3:00 p.m.
Andrea Travis-Miller City Manager Present 3:00 P.M. e i
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9B. City Manaser
RES. 2012-236 — Resolution of the Mayor and Common Council of the City of San rn
Bernardino Adopting the Pre-Pendency Budget Plan. (Continued from September 4,
2012.) o
The following documents were distributed to the Mayor and Common Council and
submitted into the record: "City of San Bernardino Pre-Pendency Plan, Current and Draft
Proposed Organization Charts, September 5, 2012"; "San Bernardino Public Library Pre- N
Pendency Plan"; and an Interoffice Memorandum addressed to the Mayor and Common N
Council from Andrea M. Travis-Miller, Interim City Manager, dated September 4, 2012, ,n
regarding Cash Flow Position—Report on Selected Analysis." o
Public Comments: N
Steve Tracy, San Bernardino, CA °
Roberto Elizarraraz, City employee o
Paul Sanborn, San Bernardino,CA o
George Swift, International Union of Operating Engineers
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Patricio Sanchez, City employee
Stephen Johns, City employee
Jim Smith, San Bernardino,CA =°
Ryan Dorsett, City employee a
Kellev/McCammack motion: Direct the City Manager to work with the City Attorney
to go out with an RFP for leasing public/private partnership opportunities of the entire
refuse operation and that the RFP include bifurcating the City, managed competition,
include purchasing all solid waste equipment, offer employment to all employees
(including collection, customer service, maintenance and administration), and that the
RFP includes having a state-of-the-art waste processing facility.
Mayor and Common Council ofthe City of San Bernardino Page 12
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Joint Regular Meeting Minutes September 4-5, 2012
QKelley's addition to his motion: Include that one or more haulers be considered and set
a time frame of 45 days in which this can all be accomplished. In addition to the City
Attorney and City Manager working together,whomever professional consultant that you
would like to bring in to advise us during this process, should be part of how we begin
this detailed opportunity for the City.
Kelley's amendment to his motion: Strike the 45-day timeframe and ask the City
Manager to come back within two weeks with the RFP,but no later than October 1,2012. N
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McCammack's amendment: Direct the City Manager to come back with a status
update as to the activity up to that point to the next Council meeting. d
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Shorett/Marquez substitute motion: Direct the City Manager to look for those
opportunities in the trash and refuse stream to create an RFP to deal with the disposal of d
trash in respect to the issue with the Waste Disposal Agreement(WDA).
RESULT: FAILED [3 TO 41
MOVER: Fred Shorett,Council Member,Ward 4 0
SECONDER: Virginia Marquez,Council Member, Ward 1
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AYES: Marquez, Shorett,Johnson N
NAYS: Jenkins,Valdivia,Kelley, McCammack
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Kelley/McCammack ori:rinal motion: Direct the City Manager to work with the City 2
Attorney to go out with an RFP for leasing public/private partnership opportunities of the °
entire refuse operation and that the RFP include: bifurcating the City; managed
competition; include purchasing all solid waste equipment; employment offers to all
employees; a state-of-the-art waste processing facility; that one or more haulers be
considered; direct the City Manager to work with the City Attorney together with a o
professional consultant to advise us during this process, which should be part of how we
begin this detailed opportunity for the City; that the City Manager come back to the 9
Council with an RFP no later than October 1, 2012, and come back with a status update
as to the activity up to that point at the next Council meeting. N
RESULT: ADOPTED [5 TO 21 0
MOVER: Chas A. Kelley, Council Member, Ward 5 0
SECONDER: Wendy J. McCammack, Council Member,Ward 7
AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack E
NAYS: Shorett, Johnson y
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City Attorney Penman stated that a question arose as to whether there had been a
violation of the Brown Act because the item was not agendized as a separate motion. He
advised that it would be appropriate if it was tied to the Pre-Pendency Budget Plan.
Council Member Kelley stated that it was part of the Pre-Pendency Plan. He suggested
that the Council rescind their last action and vote again to include in the motion that it
was part of the Pre-Pendency Plan.
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Mr. Penman asked Mr. Kelley if it was an amendment to the Pre-Pendency Plan.
Council Member Kelley stated that that was his intent.
Mr. Penman advised that if that was the intent,to avoid any confusion as to whether there
was a Brown Act violation or not, Mr. Kelley would need to make a motion to reconsider
and then remake that part of the motion.
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Kelley motion: To reconsider the last motion.
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Council Member McCammack submitted into the record an eight-point list to which she E
added a ninth item, as follows: "Do not contract out custodial services until we fully d
understand the implications of contracting out those services." She asked if the maker of h
the motion on the Pendency Plan would include those nine points in terms of a
modification to the Pendency Plan.
Kelley/McCammack motion: Rescind the previous action to avoid the appearance of
any sort of conflict or violation. o
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RESULT: ADOPTED [UNANIMOUS] N
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Wendy J. McCammack, Council Member,Ward 7 rn
AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack
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Kelley/McCammack motion: Amend the Pre-Pendency Plan to direct the City Manager
to work with the City Attorney to go out with an RFP for leasing public/private
partnership opportunities of the entire refuse operation and that the RFP include:
bifurcating the City; managed competition; include purchasing all solid waste equipment; o
employment offers to all employees; a state-of-the-art waste processing facility; that one N
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or more haulers be considered; direct the City Manager to work with the City Attorney
together with a professional consultant to advise us during this process, which should be
part of how we begin this detailed opportunity for the City; that the City Manager come N
back to the Council with an RFP no later than October 1, 2012; and come back with a N
status update as to the activity up to that point at the next Council meeting. o
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RESULT: ADOPTED [4 TO 31 o
MOVER: Chas A. Kelley,Council Member,Ward 5
SECONDER: Wendy J. McCammack,Council Member,Ward 7
AYES: Jenkins,Valdivia,Kelley, McCammack a
NAYS: Marquez, Shorett,Johnson
NOTE: Later in the meeting Council Member Valdivia verbally changed his vote
to a "no"; therefore,the above motion FAILED.
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McCammack/Valdivia motion: Accept the Pre-Pendency Plan including the list of nine
items (eight items plus the verbal item that was read into the record).
Valdivia's amendment to the motion: Include the alternate budget provided by Council
Member Kelley on September 4, 2012,with the exception of Item No. 3.
McCammack/Valdivia motion as clarified by City Clerk: Accept the Pre-Pendency
Plan with the inclusion of the nine-point plan that was provided by Ms. McCammack and N
include Mr. Kelley's proposal,minus Item No. 3. N
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Johnson/Marauez substitute motion: Remove Fire from the Pre-Pendency Plan; allow E
the Chief to do the comparison; and include the additions as stated by Council Member d
McCammack.
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Council Member Marquez requested that Villaseiior Library be added to Item No. 3 of 'c
Mrs. McCammack's list.
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Johnson/Marauez substitute motion as clarified by City Clerk: Amend and approve o
the Pre-Pendency Plan, as previously amended, minus the Fire Department's
proposal, include the nine-point plan as presented by Council Member M
McCammack, adding Villasefior Library to Item No.3; and come back in two weeks PIL
with an updated plan for the Fire Department Budget.
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RESULT: ADOPTED [5 TO 21
MOVER: Rikke Van Johnson, Council Member, Ward 6 °-
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez,Jenkins, Shorett, Johnson, McCammack
NAYS: Valdivia,Kelley
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Kelley/Jenkins motion: Rescind the previous action regarding the RFP amendment to
the Pre-Pendency Plan.
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RESULT: ADOPTED [UNANIMOUS] N
MOVER: Chas A. Kelley,Council Member,Ward 5 0
SECONDER: Robert D. Jenkins,Council Member, Ward 2 0
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson
ABSENT: McCammack E
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Kelley/Jenkins motion: Reconsider amending the Pendency Plan to include the RFP in a
the original language.
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Kelley/Jenkins motion as clarified by City Clerk: Amend the Pre-Pendency Plan to
direct the City Manager to work with the City Attorney to go out with an RFP for
leasing public/private partnership opportunities of the entire refuse operation and
that the RFP include: bifurcating the City; managed competition; purchasing all
solid waste equipment; offering employment to all employees; a state-of-the-art
waste processing facility; that one or more haulers be considered; direct the City
Manager to work with the City Attorney together with a professional consultant to
advise us during this process, which should be part of how we begin this detailed N
opportunity for the City; that the City Manager come back to the Council with an °v
RFP no later than October 1, 2012; and come back with a status update as to the
activity up to that point to the next Council meeting. E
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Mayor Morris stated that the decision by Mr. Valdivia to change his vote prompted the
motion maker to move to rescind, and that motion passed. The rescission is effective and 2
now he has renewed the motion again in the original language. 'c
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RESULT: ADOPTED [4 TO 2]
MOVER: Chas A. Kelley, Council Member,Ward 5 0
SECONDER: Robert D. Jenkins, Council Member,Ward 2 M
AYES: Marquez,Jenkins, Kelley, McCammack
NAYS: Valdivia, Shoreft
ABSENT: Johnson —'
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12. Adjournment
The meeting adjourned at 6:40 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, September 17,2012. N
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GEORGEANN"GIGI"HANNA °
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City Clerk N
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By o
Linda Sutherland °
Deputy City Clerk o
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Mayor and Common Council of the City of San Bernardino Pagel 6
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� SEPTEMBER 17 , 2012 �
� MINUTES �
4 4Y
� JT . REGULAR �
� ( DRAFT ) �
City of San Bernardino Mayor Patrick J. Morris
5Q cy „ „
300 North D Street Council Members
Virginia Marquez
° San Bernardino CA 92418
y � � Robert D.Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
�GNpED 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
OF THE CITY OF SAN BERNARDINO n
d
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
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AND
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
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MONDAY, SEPTEMBER 17, 2012 0
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 1:39 p.m.,Monday, September 17, 2012, in the N
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. N
Roll Call o
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Absent E
Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m.
John Valdivia Council Member, Ward 3 Present 1:30 p.m. Q
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 City 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 1
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Joint Regular Meeting Minutes September 17, 2012
C1. Closed Session —Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a):
Glen Air Mobile Home Park, et al v. City of San Bernardino, Superior Court San
Bernardino County,Case No. CIVDS 1114110,
In re: City of San Bernardino, California, US Bankruptcy Court, Case No. 6:12-bk-
28006-MJ
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B. Conference with legal counsel - anticipated litigation- significant exposure to litigation - N
pursuant to subdivision(b) (1), (2), (3) (A-F) of Government Code Section 54956.9: a
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One(1)Case d
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C. Conference with legal counsel - anticipated litigation- initiation of litigation-pursuant to
subdivision(c)of Government Code Section 54956.9. 'c
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 public
buildings or threat to the public's right of access to public services or public facilities - N
pursuant to Government Code Section 54957.
F. Conference with labor negotiator -pursuant to Government Code Section 54957.6.
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8. d
City Attorney Penman announced that under Agenda Item 1D, Personnel, the following would N
be discussed: N
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Request from City Council to add position of Interim Fire Chief. o
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Reading of Resolutions and Ordinances
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Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on Li
the agenda.
Moment of Silence
A moment of silence was observed in memory of Dam Ward.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Kenny Baker from Allen Chapel AME Church. The
Pledge of Allegiance was led by Council Member McCammack.
2. Appointments
There were no Commission appointments.
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3. Presentations
3A. Resolution of Commendation and Certificates of Recognition -- United BJJ MMA
Fitness Club - Master Rommel Dunbar and Students - 5th Annual Worlds Brazilian Jiu
Jitsu Tournament- Council Member Valdivia
3B. Chamber of Commerce Announcements -Jim Gerstenslager
4. Announcements - Mayor, Members of the Common Council, and
Elected Officials
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5. Consent Calendar
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5A. City Clerk a
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Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the joint regular 5
agenda dated September 17, 2012.
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RESULT: ADOPTED [UNANIMOUS] o
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MOVER: Wendy J. McCammack, Council Member, Ward 7
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SECONDER: John Valdivia, Council Member,Ward 3 N
AYES: Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
ABSENT: Virginia Marquez rni
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5B. City Attorney
ORD. MC-1377—An Ordinance of the Mayor and Common Council of the City of San
Bernardino Adding Section 3.05.050 to the San Bernardino Municipal Code Regarding
Transferring Restricted Funds Without Mayor and Common Council Approval. FINAL
READING
Motion: Adopt the Ordinance. o
RESULT: ADOPTED [UNANIMOUS] E
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3 a
AYES: Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack
ABSENT: Virginia Marquez
Mayor and Common Council of the City of San Bernardino Page 3
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5C. Community Development
ORD. MC-1378 - An Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending San Bernardino Development Code Section 19.20.030 to Allow
the Use of Barbed Wire, Razor Wire, or Concertina Wire as an Approved Fencing
Material. FINAL READING
Motion: Adopt the Ordinance.
RESULT: ADOPTED 15 TO 11
MOVER: Chas A. Kelley, Council Member,Ward 5 N
SECONDER: Wendy J. McCammack, Council Member,Ward 7 N
AYES: Jenkins,Valdivia,Kelley,Johnson, McCammack
NAYS: Fred Shorett E
ABSENT: Virginia Marquez d
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5D. Finance
Approval of Commercial Checks and Payroll Checks
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Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [5 TO 11 N
MOVER: Wendy J. McCammack, Council Member,Ward 7
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SECONDER: Robert D. Jenkins,Council Member, Ward 2 °
AYES: Jenkins, Shorett, Kelley, Johnson,McCammack
NAYS: John Valdivia °
ABSENT: Virginia Marquez a°
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6. Public Hearings b
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6A. Community Development
Resolution of the Mayor and Common Council of the City of San Bernardino Adopting °
General Plan Amendment No. 11-05 to Amend the Land Use Designation of
Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (IH) and E
Approving Conditional Use Permit No. 11-16, to Establish an Auto Dismantling and
Salvage Yard with Retail Parts Sales on 10.23 Acres Located at the South Side of Walnut a
Street Opposite of Artesian Avenue, and the Mitigation Monitoring and Reporting
Program. (Continued from August 20,2012)
The hearing remained open.
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the
Cfollowing individual that he would provide true and honest testimony:
Ricardo Vallejo, applicant, displayed a picture of the proposed facility, stating that they
already own an auto salvage yard here in San Bernardino, and he has been in the business
Mayor and Common Council of the City ojSan Bernardino Page 4
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Joint Regular Meeting Minutes September 17, 2012
for over 20 years. He stated that this would be a self-service and full-service auto
wrecking facility.
Nelson Miller, Vice President of the company that had assisted Mr. Vallejo with
environmental documents, advised that essentially this material was responding to the
City of Colton's comments regarding concerns about the water well that is adjacent to
this site. They have requested assurances that the water quality will be protected, and the
volume of material that the Council has received is clarifications to the original initial
study responding to the City of Colton's comments, further describing the water quality
control measures that will be implemented with this project to assure the City of Colton,
as well as the City of San Bernardino,that the water quality will be protected. N
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Mr. Valdivia stated he understood the importance of moving this forward; however, he
still wanted to read this document at his convenience and continue the matter to the next
meeting. He stated he wanted to discuss the CUP and its conditions. He wanted to
assure residents in the nearby area that he has advocated for a traffic route that they go N
westerly on Walnut, northerly on Muscott, and then out onto Rialto Avenue so that
residents in the neighborhood of Walnut and Mt. Vernon are not disturbed. He also
mentioned the private pocket park that would be open the same hours as the business, and g
that he appreciated Mr. Vallejo's cooperation in providing said park.
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Motion: Continue the matter to the Council meeting of October 1, 2012. 0
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RESULT: CONTINUED [UNANIMOUS] Next: 10/1/20121:30 PM
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Chas A. Kelley, Council Member, Ward 5 w
AYES: Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack
ABSENT: Virginia Marquez
7. Continued Items N
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7A. Police
RES. 2012-237 - Resolution of the Mayor and Common Council of the City of San o
Bernardino Authorizing the City Manager to Execute a Lease Agreement and
Authorizing the Issuance of a Purchase Order to Chase Financial Services for a Four Year m
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Parking Lot Lease and Utility Payments Not to Exceed $40,000 with an Optional Annual
Renewal. (Continued from September 4, 2012) a
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Chas A. Kelley, Council Member,Ward 5
AYES: Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack
ABSENT: Virginia Marquez
8. Staff Reports
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8A. City Attorney N
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Discussion and Possible Action Re: Request for Proposals for Franchising of All a
Components of the City's Solid Waste Services, and Authorization to Retain Sloan E
Vazquez, LLC for Consulting Services Related to Selection of Private Refuse Companies d
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Mayor Morris read into the record in its entirety an Interoffice Memorandum from the
3
City Manager to the Mayor and Council dated September 17, 2012, regarding Review
and Evaluation of the Draft Request for Proposals for Solid Waste, Collection, and
Disposal Services; and the attachment to that memo, a memorandum addressed to Andrea
Travis-Miller, Acting City Manager, from Joe Sloan and Enrique Vazquez, Sloan o
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Vazquez, LLC, dated September 14, 2012, regarding Review of the City's Request for
Proposals. (Note: Copies of both documents were placed with the backup materials N
relative to this matter.)
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Submitted into the record by the City Attorney's office was a document titled, City
Council Meeting of September 17, 2012, Proposed City Council Responses to Sloan
Vazquez, LLC, RFP Recommendations of September 14, 2012, On Agenda Item 8A.
Council Member Kelley went through this document, which contained 14 responses to
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the 14 concerns raised by Sloan Vazquez. Mr. Kelley reminded the Council that the final
RFP will come back to them for approval, and they must start to look at public/private N
partnerships. o
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Also submitted into the record by the City Attorney's office was a document titled, o
September 17, 2012 City Council Meeting, Agenda Item 8A, which listed three motions
shown as Motion 1, Motion 2, and Motion 3. d
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Motion: Council Member McCammack made a motion, seconded by Council
Member Kelley, to incorporate the comments read into the record by a
Council Member Kelly (the 14 responses to Sloan Vazquez' concerns)
into the RFP. (Subsequently,the motion was amended.)
Motion: Council Member McCammack amended her motion, seconded by Council
Member Kelley,to direct the City Manager to issue Draft#4 of the revised
"Request for Proposal (RFP) for Solid Waste Collection, Receiving,
Processing, Transfer and Disposal Services" after retaining all sections of
Draft #4 of the RFP not specifically removed by the Mayor and Common
Council and after amending that RFP to include any and all revised and/or
additional language provided by the Mayor and Common Council; the
Mayor and Common Council of the City of San Bernardino Page 6 . 11111-11
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Joint Regular Meeting Minutes September 17, 2012
revised Request for Proposal is not to be issued by the City Manager
unless both the City Manager's office and the City Attorney's office have
approved the wording of said document and have approved the final
document to be released in its entirety, and the revised Request for
Proposal is to be mailed to all appropriate vendor candidates no later than
September 20, 2012. (The vote was taken following additional
discussion.)
Public Comments:
Paul Sanborn, San Bernardino, CA
Gary Clifford, CEO,Athens Services, City of Industry, CA N
George Swift,General Unit Representative N
Paul Flores,General Unit Representative
Charles Greenwood, City Refuse Employee a
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Matthew Briones, City Refuse Employee 0
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Karol Moseby, San Bernardino, CA
Stephen Johns,City Refuse Employee
Richard Mendoza, City Refuse Employee
RESULT: VOTE FOR APPROVAL VETOED BY MAYOR
MOVER: Wendy J. McCammack, Council Member, Ward 7 0
SECONDER: Chas A. Kelley,Council Member, Ward 5 U
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AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley,Wendy J. McCammack N
NAYS: Fred Shorett, Rikke Van Johnson r
ABSENT: Virginia Marquez °
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Motion: Direct the City Attorney to notify the County of San Bernardino that the City of
San Bernardino intends to discontinue use of the County disposal facilities
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effective January 1,2013.
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RESULT: VOTE FOR APPROVAL VETOED BY MAYOR N
MOVER: Wendy J. McCammack, Council Member,Ward 7 06
SECONDER: Chas A. Kelley, Council Member,Ward 5 °
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack d
NAYS: Fred Shorett, Rikke Van Johnson s
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ABSENT: Virginia Marquez
No further action was taken on this item.
8B. Council Office
Nine Point Adjustment Plan to the Pre-Pendency Plan
CMotion: Made by Council Member McCammack, seconded by Council Member
Jenkins, to clarify and amend the previously approved 9-point adjustment
plan to the pre-pendency plan. (Motion was subsequently amended.)
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Public Comments:
Stephen Johns, City Employee
Amended
Motion: To clarify and amend the previously approved 9-point Adjustment Plan to
the Pre-Pendency Plan; and obtain an updated budget and budget
summary, including an explanation and the methodology of the revenues
that are coming in and any additional revenues that you expect to come in
that have been approved by Council action and a reduction of the revenues
that were approved by the cuts by Council action. N
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RESULT: FAILED [3 TO 31
MOVER: Wendy J. McCammack, Council Member, Ward 7 m
SECONDER: Robert D. Jenkins, Council Member, Ward 2 d
AYES: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack
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NAYS: John Valdivia, Fred Shorett, Rikke Van Johnson
ABSENT: Virginia Marquez
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8C. Finance 'o
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Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a First Amendment to Consultant Services Agreement N
Between Urban Futures Incorporated and the City of San Bernardino for Consultant
Services. r
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Motion: Council Member Jenkins made a motion, seconded by Council Member 2
Kelley,to adopt the resolution. (No vote was taken.)
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Substitute X
Motion: Continue the matter to the Council meeting of October 1,2012. N
RESULT: CONTINUED [4 TO 11 Next: 10/1/20121:30 PM
MOVER: Robert D. Jenkins, Council Member, Ward 2 0
SECONDER: Chas A. Kelley, Council Member, Ward 5
AYES: Robert D. Jenkins, Fred Shorett, Chas A. Kelley, Rikke Van Johnson E
NAYS: John Valdivia
ABSTAIN: Wendy J. McCammack a
ABSENT: Virginia Marquez
Mayor and Common Council of the City of San Bernardino Page 8
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8D. Fire
Review, Discuss, and Provide Direction on the Fire Department's Proposed Pre-Pendency
Plan Related to the City's Proposed FY 2012/2013 Budget.
Acting City Manager Andrea Travis-Miller submitted an Interoffice Memorandum from
herself to the Mayor and Common Council, dated September 17, 2012, Regarding Fire
Department Revised Pre-Pendency Plan Restructuring Recommendations. Attached was
the updated document submitted by Interim Fire Chief Paul Drasil.
Public Comments:
N
Paul Sanborn, San Bernardino, CA, spoke and submitted handout o
Eric Esquivel, City Safety Employee
Deb Bunger, San Bernardino, CA
Barbara Witmer, San Bernardino, CA m
John Matley, San Bernardino, CA v
Jim Smith, San Bernardino, CA
Y
Motion: To table. e
RESULT: TABLED [4 TO 21 o
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: Chas A. Kelley, Council Member, Ward 5 M
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AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack
NAYS: Fred Shorett,Rikke Van Johnson rn
ABSENT: Virginia Marquez r
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8E. Human Resources o,
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Personnel Actions—Unclassified
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Motion: Approve the unclassified personnel actions, as submitted by the Director b
of Human Resources, in accordance with City policies and procedures.
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RESULT: FAILED [3 TO 3]
MOVER: Robert D.Jenkins,Council Member, Ward 2 E
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SECONDER: Wendy J. McCammack, Council Member, Ward 7
AYES: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack a
NAYS: John Valdivia, Fred Shorett,Rikke Van Johnson
ABSENT: Virginia Marquez
Mayor and Common Council of the City of San Bernardino Page 9
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Motion: To approve Personnel Action#1 (demotion)
RESULT: FAILED [3 TO 21
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Fred Shorett, Council Member, Ward 4
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AYES: Fred Shorett, Chas A. Kelley, Rikke Van Johnson
NAYS: Robert D. Jenkins, Wendy J. McCammack
ABSTAIN: John Valdivia
ABSENT: Virginia Marquez J
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Motion: To approve Personnel Action#5 (appointment) N
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RESULT: FAILED [3 TO 21 m
MOVER: Fred Shorett, Council Member, Ward 4 N
SECONDER: Chas A. Kelley, Council Member,Ward 5
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AYES: Fred Shorett, Chas A. Kelley, Rikke Van Johnson
NAYS: John Valdivia, Wendy J. McCammack
ABSTAIN: Robert D. Jenkins U
ABSENT: Virginia Marquez 0
8F. Public Works N
``- Discussion on City RFP and Waste Delivery Extension
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Motion: Authorize Staff to Extend and Expand Upon Existing Recycling
Agreements with Local Vendors on a Month-to-Month Basis and o`
Authorize the City Manager to Give Notice to the County of San m
Bernardino of the City's Intention Not to Extend the Waste Delivery
Agreement(WDA).
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RESULT: TABLED [4 TO 21 N
MOVER: Wendy J. McCammack, Council Member, Ward 7
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SECONDER: John Valdivia, Council Member, Ward 3 0
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley, Wendy J. McCammack
NAYS: Fred Shorett,Rikke Van Johnson r
ABSENT: Virginia Marquez CU
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8G. Public Works
RES. 2012-238 - Resolution of the City of San Bernardino Approving a Joint Use
Agreement with the Southern California Edison Company for the Relocation of Company
Facilities in Connection with the Construction of the Hunts Lane Grade Separation at the
Union Pacific Railroad(SS04-051).
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;Motion: Adopt the Resolution
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Rikke Van Johnson, Council Member, Ward 6
AYES: Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack
ABSENT: Virginia Marquez
9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR HOUSING
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND MAYOR AND COMMON COUNCIL ACTING AS THE c
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY a
OF SAN BERNARDINO a
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9A. City Manager a
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RES. 2012-239 - Resolution of the Mayor and Common Council of the City of San
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Bernardino Acting as the Successor Agency of the San Bernardino Redevelopment
Agency Approving Amendment No. 2 to the Employment Agreement with Barbara
Lindseth.
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Motion: Adopt the Resolution. 0
RESULT: ADOPTED [4 TO 11 N
MOVER: Robert D. Jenkins, Council Member,Ward 2
SECONDER: Fred Shorett, Council Member,Ward 4 rn
AYES: Robert D. Jenkins, Fred Shorett, Chas A. Kelley, Wendy J. McCammack
NAYS: John Valdivia 0
ABSENT: Virginia Marquez,Rikke Van Johnson d
10. Public Comments on Items Not on the Agenda N
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Betty Jean Long, San Bernardino, CA, spoke regarding Agenda Item No. IE.
Paul Sanborn, San Bernardino, CA, spoke about the budget and ways to generate °
revenue.
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Barbara Babcock, San Bernardino, CA, spoke about Route 66, volunteerism, and the r
continual tabling of motions by the Council,rather than making difficult decisions.
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Tim Prince, San Bernardino, CA, expressed his disgust with the actions of the Council,
stating that because of the lack of political will of this Council the City now has $10
million more in cuts.
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Joint Regular Meeting Minutes September 17, 2012
11. Adjournment
At 9:04 p.m.,the meeting adjourned. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 1:30 p.m.,Monday,October 1,2012.
GEORGEANN"GIGI"HANNA
City Clerk
By
Linda Hartzel
Deputy City Clerk
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