Loading...
HomeMy WebLinkAbout05.B- City Clerk DOC ID: 2229 B Q CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/19/2013 Prepared by: Georgeann"Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes- August 6, 2012; August 20, 2012; and August 29, 2012 Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meetings of August 6, 2012; August 20, 2012; and August 29, 2012, as submitted. SuDVortin2 Documents: 08-06-12 Jt. Reg(Draft) (PDF) 08-20-2012 Jt. Reg(Draft) (PDF) 08-29-2012 Jt. Special gh (PDF) Updated:2/14/2013 by Linda Sutherland B � AUGUST 6 , 2012 � � MINUTES � JTm REGULAR � � MEETING � � ( DRAFT) � ��gNAR City Of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members a Virginia Marquez rY San Bernardino, CA 92418 Robert D. Jenkins •, S http://www.sbcity.org John Valdivia c o' Fred Shorett ED IS Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N DRAFT MINUTES N JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO a N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING r 3 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY 0 AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY w m L MONDAY,AUGUST 6,2012 CM COUNCIL CHAMBERS N 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,August 6, 2012, in the Council 9 Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ° c m Roll Call E r U Attendee Name Title _ Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. C Robert D. Jenkins Council Member,Ward 2 Present 1:30 p.m. John Valdivia Council Member, Ward 3 Present 3:00 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. Ri e 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 "Gi i" 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 Packetig. 14 5.B.a Joint Regular Meeting Minutes August 6, 2012 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): Alvarez &Associates, et al. v. City, et al., San Bernardino County Superior Court No. CIVDS1103803; RDA v. Alvarez United States District Court No. EDCV 02-142-RSWL; N RDA v. Alvarez, San Bernardino County Superior Court No. SCYSS 86091; N N Trott v. City, San Bernardino Unified School District, San Bernardino Superior Court, Case No. CIVDS 1203852. Q B. Conference with legal counsel - anticipated litigation - significant exposure to d litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. U C. Conference with legal counsel - anticipated litigation - initiation of litigation - o pursuant to subdivision(c) of Government Code Section 54956.9: L) 0 City of San Bernardino, acting as Successor Agency to the Redevelopment Agency N v. Economic Development Corp. and Affordable Housing Solutions. w m D. Closed Session-personnel-pursuant to Government Code Section 54957. o m E. Closed Session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. 0 F. Conference with labor negotiator - pursuant to Government Code Section Co 54957.6. m G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 0 a City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. IA, existing litigation: The petition filed by the City of San Bernardino in the Central District of California,Riverside, U.S. Bankruptcy Court,Petition No. 6:12-BK-28006. Mayor and Common Council of the City of San Bernardino Page 2 Packet P 15 S.B.a Joint Regular Meeting Minutes August 6, 2012 City Attorney Penman announced that the following additional cases had been discussed in closed session: 1. A-19 Holistic v. City of San Bernardino,No. CIVDS1109325 (Status hearing on petition set for 8/10/12) Department S35; 2. Alternative Solutions Patient Care v. City of San Bernardino,No. CIVDS1107100 (CMC set for 8/9/12) Department S34; 3. Arrow Alternative Remedies Inc. v. City of San Bernardino,No. CIVDS1113316 (CMC and demurrer hearing set for 8/7/12) Department S35; 4. E Street Collective v. City of San Bernardino,No. CIVDS1112694 (CMC set for 8/28/12) Department 537; N N 3 5. Greenstop Wellness Center v. City of San Bernardino,No. CIVDS1112693 ; (CMC set for 8/28/12) Department S37; ti 6. I.E. Quick Stop Collective, et al. v. City of San Bernardino,No. DS1203758 (Status Conference set for 11/19/12) Department 535; 7. Kush Concepts Collective v. City of San Bernardino,No. CIVDS1109326 (Status hearing on petition set for 8/10/12) Department S35; 0 8. The Green Outdoors v. City of San Bernardino,No. CIVDS1105941 N (Status conference set for 8/6/12) Department S35; w 9. West Coast Alternative Healthcare v. City of San Bernardino,No. CIVDS 1111411 (Status Conference set for 11/19/12) Department S35. rn Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. o rA 0 Moment of Silence d Mayor Moms requested a moment of silence,in memory of Private First Class Jesus J. L Lopez. R Invocation/Pledge of Allegiance The invocation was given by Deborah Jones, Chaplain for Community Hospital of San Bernardino, and Pastor for Life Changing Ministries. The Pledge of Allegiance was led by Leslie Monroy, a sixth grade student at Urbita Elementary School. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 16 5 B.ax' Joint Regular Meeting Minutes August 6, 2012 2. Presentations 2A. Certificates of Recognition -- Platinum FC Under 16 Girls US Youth Soccer Team -- Council Member Kelley Certificates were presented to the team members and coaches for winning the 2012 National President's Cup Championship. 2B. Chamber of Commerce Announcements -Jack Avakian 3. Announcements - Mayor, Members of the Common Council, and Elected Officials N 0 N 4. Consent Calendar rn 4A. City Clerk a Waive Full Reading of Resolutions and Ordinances v m Motion: Waive full reading of resolutions and ordinances on the joint regular E agenda dated August 6, 2012. r c RESULT: ADOPTED [UNANIMOUS] 0 MOVER: Fred Shorett, Council Member, Ward 4 rn SECONDER: Virginia Marquez, Council Member, Ward 1 N N AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack L 0 5. Continued Items d 5A. City Clerk N Council Minutes for meetings of April 2, 2012; April 3, 2012; and April 19, 2012 C6 (Continued from July 16, 2012.). ° co 0 Staff requested a 30-day continuance. CD E Motion: Continue the matter to the Council meeting of September 4, 2012. 0 RESULT: CONTINUED 16 TO 11 Next: 9/4/2012 1:30 PM MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Shorett Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 17 S.B.a Joint Regular Meeting Minutes August 6, 2012 5B. Parks.Recreation & Community Services RES. 2012-207—Resolution of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. (Continued from July 16,2012.) Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 0 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N :r 6. Staff Reports a N Gf 6A. City Attorney RES. 2012-208 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Arias & Lockwood to Represent the City Regarding the Case Entitled Michael Ray Madrigal, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 12-03286 JHN (OPx). Li Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City of San Bernardino regarding the case entitled Michael Ray Madrigal, et al. o V. City of San Bernardino, et al., United States District Court, Case No: CV 12-03286 JHN (OPx); and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 ° AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack E U 6B. City Attorney .� RES. 2012-209 — Resolution of the Mayor and Common Council of the City of San a Bernardino Approving the Hiring of Wagner & Pelayes to Represent the City and Any Designated Employee Regarding the Case Entitled Hector Briones, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 10-7571 CBM (OPx). Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Wagner& Pelayes to represent the City of San Bernardino regarding the case entitled Hector Briones, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 10-7571 CBM(OPx); and adopt Resolution. Mayor and Common Council of the City of San Bernardino Page S Packetig. 18 S.B.a Joint Regular Meeting Minutes August 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack ABSENT: Valdivia 6C. City Attorney RES. 2012-210 — Resolution of the. Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services N Relating to Reorganization and Financial Restructuring. N N Motion: Adopt Resolution. a RESULT: ADOPTED [UNANIMOUS] y MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 G AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack c c 0 6D. City Attorney RES. 2012-211 — Resolution of the Mayor and Common Council of the City of San N Bernardino Approving the Hiring of Arias & Lockwood to Represent the City Regarding the Case Entitled Erik A. Brown v. City of San Bernardino, et al., United States District Court Case No. CV 12-2300 RJK(OPx). r2 Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City N of San Bernardino and any designated employee regarding the case entitled Erik A. Brown v. City of San Bernardino, et al., United States 9 District Court, Case No: CV 12-2300 RJK(OPx); and adopt Resolution. ° c m RESULT: ADOPTED [UNANIMOUS] E s MOVER: Wendy J. McCammack, Council Member,Ward 7 ti m SECONDER: Robert D. Jenkins, Council Member, Ward 2 a AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack 6E. City Attorney RES. 2012-212 — Resolution of the Mayor and Common Council of the City of San Bernardino Reaffirming the City of San Bernardino's Commitment to Open Government and to Compliance with the Ralph M. Brown Act. CMotion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Packett' . 19 S.B.a Joint Regular Meeting Minutes August 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack 6F. City Clerk Council Minutes for meetings of May 7, 2012; May 21, 2012; and May 31, 2012. Staff requested a 45-day continuance. Motion: Continue the matter to the Council meeting of October 1, 2012. r 0 N RESULT: CONTINUED 16 TO 11 Next: 10/1/20121:30 PM 3 MOVER: Wendy J. McCammack, Council Member, Ward 7 a SECONDER: John Valdivia, Council Member, Ward 3. AYES: Marquez, Jenkins,Valdivia, Kelley,Johnson,McCammack w NAYS: Shorett U 6G. City Clerk 3 Council Minutes for meetings of March 5, 2012; and March 19, 2012. 0 C Staff requested a 45-day continuance. N N Motion: Continue the matter to the Council meeting of October 1, 2012. w RESULT: CONTINUED [6 TO 11 Next: 10/1/2012 1:30 PM� MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 N AYES: Marquez, Jenkins,Valdivia,Kelley, Johnson, McCammack r a; NAYS: Shorett ° Co 0 d 611. City Manager s U RES. 2012-213 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment by the Civil Service Board of Rule 511 a Regarding Reduction in Force. Andrea Travis-Miller, Acting City Manager, stated that the proposed amendment to Civil Service Rule 511 would change some of the timeframes employees have to respond to notices of layoff and were intended to reduce or compress those timeframes as part of the layoff process. Specifically, under the proposed amendment, which was approved unanimously by the Civil Service Commission for recommendation to the City Council,the notice required of Department Heads to provide to the Chief Examiner the classes of employees that would be involved in possible layoff would change from 14 days to 2 days; it would reduce the Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 20 Joint Regular Meeting Minutes August 6, 2012 timeframe for employees to give the City notice of their intent to utilize their bumping rights from 10 days to the end of the next working day; and it would compress the timeframe for individuals to appeal decisions related to bumping rights from 10 days to the end of the next working day. City Attorney staff distributed an amended resolution to the Mayor and Council. Public Comments: Pat Rogers, City employee, member and past president of the negotiating team for the San Bernardino Confidential Management Association; Bonnie Clark, San Bernardino Public Employees Association representing the Mid- Management Unit; r 0 N Bob Goss, City employee; Stephen Johns, City employee; 3 Kathy Reinboldt,San Bernardino, CA. a i Motion: Adopt Resolution, as amended. C RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 ° U AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack N N N 6I. City Mana¢er RES. 2012-214 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Suspend, and/or Negotiate with Employees, ° Payouts for All Employees' Accrual Leave Bank Payoffs, Cash-Outs, or Sell-Backs. City Attorney staff distributed an amended resolution to the Mayor and Council. N Public Comments: ° 00 Stephen Johns,City employee; ° C Pat Rogers, member of the negotiating team for the San Bernardino Confidential E Management Association; George Swift,representing the City of San Bernardino's General Unit. Motion: Adopt Resolution, as amended, authorizing the City Manager to suspend payouts for all employees' accrual leave bank payoffs, cash-outs, or sell- backs. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson,McCammack Mayor and Common Council of the City of San Bernardino Page 8 PacketPg:21 S.B.a Joint Regular Meeting Minutes August 6, 2012 6J. City Manazer RES. 2012-215 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Rust Consulting/Omni Bankruptcy to Provide Claims and Noticing Agent Services. Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 0] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson ° ABSTAIN: McCammack N N 3 61C Council Office Repeal the City Charter N d Public Comments: E David Everett, Government Affairs Director for Associated Builders and Contractors in Southern California; Felix D'Amico, San Bernardino, CA; o Ron Coats, San Bernardino, CA; Gloria Anderson, President of the League of Women Voters of San Bernardino; N `w Mike Hartley, San Bernardino, CA; Rabbi Hillel Cohn, San Bernardino, CA; w Scott Olson, San Bernardino, CA; 2 Lillice Andreson, San Bernardino, CA; Stephen Johns, San Bernardino, CA; Tim Prince, San Bernardino, CA; Tammy Martin-Ryles, San Bernardino, CA; r Roxanne Williams, member of Save Our San Bernardino, San Bernardino,CA; o Roger Henderson, San Bernardino, CA; 9 Debbie Matley, San Bernardino, CA; ° John Matley, San Bernardino, CA; m Tracylyn Sherritt, San Bernardino, CA; E U Sharon Blechinger, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA, submitted several documents into the record a regarding the City's bankruptcy and the San Bernardino International Airport; Larry Quiel, San Bernardino, CA; James Smith, San Bernardino, CA; Barbara Babcock, San Bernardino, CA; Lori Stalnaker, San Bernardino, CA. Motion: To repeal the City Charter. Mayor and Common Council of the City ojSan Bernardino Page 9 Packet Pg12 Joint Regular Meeting Minutes August 6, 2012 RESULT: FAILED [3 TO 41 MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett,Rikke Van Johnson NAYS: Jenkins,Valdivia,Kelley,McCammack 6L. Human Resources Personnel Actions -Unclassified A revised staff report had been distributed to the Mayor and Council and submitted into the record which included an Administrative Analyst I position in the City Attorney's _ office. N N N Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. 'o RESULT: ADOPTED [4 TO 31 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez,Kelley, Johnson, McCammack NAYS: Jenkins,Valdivia, Shorett c'o U 6M. Parks, Recreation & Community Services N RES. 2012-216 — Resolution of the Mayor and Common Council of the City of San FIL Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and w the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, o with a Contingency Amount of$5,000, to Inter Valley Pool Supply for Swimming Pool Chemicals (Chlorine and Acid) for FY 2012/13, with Two Additional Single-Year Renewal Options. N r Motion: Adopt Resolution. o Co RESULT: ADOPTED [UNANIMOUS] ° MOVER: Wendy J. McCammack, Council Member, Ward 7 E SECONDER: Virginia Marquez, Council Member,Ward 1 u AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack =° a ABSENT: Valdivia 6N. Public Works Request for Approval of Change Order No. 1 to New West Signal, Inc., for Repair, Replacement, and Upgrade of the Light System at Various Locations in the City of San Bernardino. Motion: Authorize the Director of Public Works to execute Contract Change Order No. One with New West Signal, Inc., for Repair, Replacement, and Upgrade of the Lighting System at Various Locations in the City of San Bernardino in the amount of$19,276.23. Mayor and Common Council of the City of San Bernardino Page 10 ' Packet P 23 S.B.a Joint Regular Meeting Minutes August 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: Valdivia 60. Public Works RES. 2012-217 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution 2008-433 and Consolidating Resolution 2010-327 and Resolution 2010-328. N NN Public Comments: Dr. Sharp, Sharp Chiropractic Clinic. a Motion: Adopt Resolution. N d RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley,Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 r AYES: Marquez, Jenkins, Shorett,Kelley,Johnson,McCammack 0 ABSENT: Valdivia N N N_ 6P. Public Works w Resolution of the City of San Bernardino Approving Amendment No. I to Agreements o for Services with the firms of Joseph E. Bonadiman & Associates, hic., and Parsons Brinkerhoff for On-Call Surveying and Map Checking Support. Staff requested a two-week continuance. N Motion: Continue the matter to the Council meeting of August 20, 2012. 9 0 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley,Council Member, Ward 5 E SECONDER: Wendy J. McCammack, Council Member, Ward 7 N AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack a ABSENT: Valdivia 6Q. Public Works Resolution of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc., and Transportation Engineering and Planning, Inc., to provide On-Call Traffic Engineering Services. Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20,2012. Mayor and Common Council of the City of San Bernardino Page 11 Joint Regular Meeting Minutes August 6, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: Valdivia 6R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2012/2013. 0 N Staff requested a two-week continuance. y 3 Motion: Continue the matter to the Council meeting of August 20, 2012. a RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM r MOVER: Chas A. Kelley, Council Member,Ward 5 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson,McCammack ABSENT: Valdivia L) cm- .. 6S. Public Works N Resolution of the Mayor and Common Council of the City of San Bernardino w Authorizing the Execution an Agreement and Issuance of a Purchase Order with TSR 2 Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross ° rn Gutters. Staff requested a two-week continuance. N Motion: Continue the matter to the Council meeting of August 20, 2012. 0 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM 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 ABSENT: Valdivia 6T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Improvements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus Parkway(SS08-001)Per Plan No. 12827. C Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20,2012. i Mayor and Common Council of the City of San Bernardino Page 12 5.B.a Joint Regular Meeting Minutes August 6, 2012 CRESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 6U. Public Works Solicitation of Sealed Bids for Solid Waste Material Processing, Green Waste, Commingled Recycling and Construction and Demolition Debris N Public Comments: N Art Rivera, County of San Bernardino, Division Manager of Solid Waste Management; N George Swift, City of San Bernardino General Unit representative; Charles Greenwood, City employee. a N Motion: Due to the recent bankruptcy filing and the contractual complexities the bankruptcy filing has caused, the City Attorney's office is directed to =_ negotiate with both of the current refuse franchisees alternative refuse disposal options. 3 0 U RESULT: VOTE FOR APPROVAL VETOED BY MAYOR N MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 w AYES: Jenkins, Valdivia,Kelley, McCammack o NAYS: Marquez, Shorett,Johnson No further action was taken on this item. N 0 co 7. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY E r 7A. Citv Manaeer r Resolution of the Mayor and Common Council of the City of San Bernardino Acting as a the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving Amendment No. 1 to the Home Investment Partnership Act Fund Sub-Recipient Agreement by and Between Affordable Housing Solutions of San Bernardino, Inc., and the City of San Bernardino for the Administration of the Home Program. Staff requested a two-week continuance. CMotion: Continue the matter to the Council meeting of August 20,2012. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg16 5.B.a Joint Regular Meeting Minutes August 6, 2012 CRESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: Valdivia 7B. City Manager RES. 2012-218 — 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 Pursuant to a Request to Terminate and Fully Reconvey a Restrictive Covenant. (Continued from July 16, 2012.) N N 3 Public Comments: ; Mr.Vasilakos. a N Motion: Approve this action and adopt the attached resolution authorizing the 3 City's Housing Director to execute and record the Termination of HOME S Program Affordable Housing Regulatory Agreement and Covenants. U C RESULT: ADOPTED [UNANIMOUS] 0 Q MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member,Ward 2 N AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: Valdivia 0 rn d 8. Public Comments on Items Not on the Agenda N r Mr. Saab, Al Sharifa Clinic, Muscoy, CA, spoke about the free care offered to the o indigent at the clinic. He stated that they were grateful for receiving funding from the 9 City in the past and asked for the ability to submit an application for continued CDBG ° funding. E Ron Coats, San Bernardino, CA, spoke about his blog site. He stated that he has 24 y ideas worthy of consideration and that a copy of his suggestions was placed at each a Council member's seat at the dais. Beverly Reinboldt, San Bernardino, CA, spoke about a criminal incident recently in San Bernardino whereby she found a man stealing tools and electrical equipment from her business. She made a citizen's arrest and the man was cited and released. Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 27 S.B.a Joint Regular Meeting Minutes August 6, 2012 9. Adjournment At 9:20 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,August 20, 2012. GEORGEANN"GIGP'HANNA City Clerk By 0 Linda Sutherland N Deputy City Clerk 7 Q N d 7 C C 7 O U rn N N N F L NNd Y. N r O W O C d E t V m Q Mayor and Common Council of the Cry of San Bernardino Page 15 Packet Pg. 28 � AUGUST 20 , 2012 � � MINUTES � JTm REGULAR � � MEETING � � ( DRAFT) � S.B.b ARp�NO City of San Bernardino Mayor Patrick J. Morris S 300 North "D" Street Council Members ° o San Bernardino CA 92418 Virginia Marquez r 2 ' Robert D.Jenkins http://www.sbcity.org John Valdivia Fred Shorett OGyDED tN 1s�� Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N r DRAFT MINUTES N N 7 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO a N d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 3 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY v AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY 0 MONDAY,AUGUST 20, 2012 COUNCIL CHAMBERS 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. Morns at 12:08 p.m., Monday, August 20, 2012, in the N Council Chambers, 300 North"D" Street, San Bernardino, California. N co Roll Call ° 0 E Attendee Name Title Status Arrived r Virginia Marquez Council Member, Ward 1 Present 12:00 p.m. =° Robert D. Jenkins Council Member, Ward 2 Present 12:00 p.m. a John Valdivia Council Member, Ward 3 Present 12:00 p.m. Fred Shorett Council Member, Ward 4 Present 12:00 P.M. Chas A. Kelley _ Council Member, Ward 5 Present 12:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 12:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 12:00 p.m. Patrick J. Moms Mayor Present 12:00 p.m. James F. Penman Ci Attorney Present 12:00 p.m. Georgeann "Gi i"Hanna City Clerk Present 12:00 p.m. Andrea Travis-Miller City Manager Present 1 12:00 p.m. Mayor and Common Council of the City of San Bernardino Page l Packet Pg. 29 5.B.b Joint Regular Meeting Minutes August 20, 2012 1. Closed Session 1 Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): Glen Aire Mobile Home Parley et. al., v. City of San Bernardino et. al., San Bernardino Superior Court, Case No. CIVOS 1114110; Placo San Bernardino LLC v. City of San Bernardino, et, al., United States District Court Case No. CVII-01187GW(FMOx). N r B. Conference with legal counsel - anticipated litigation - significant exposure to N litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: a Claim by Loma Linda Village Homeowners Association a m Haddad v. City of San Bernardino, as Successor Agency r C. Conference with legal counsel - anticipated litigation - initiation of litigation - c pursuant to subdivision(c) of Government Code Section 54956.9: 0 City of San Bernardino v. Economic Development Corp. and Affordable Housing N Solutions. N 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 d public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. N 0 F. Conference with labor negotiator - pursuant to Government Code Section o 54957.6. N o; 0 G. Conference with real property negotiator - pursuant to Government Code Section d 54956.8. L U City Attorney Penman announced that the following additional case would be discussed a in closed session: In Re City of San Bernardino, California, United States Bankruptcy Court, Central District of California, Riverside Division, Case No. 6:12-bk-28006.MJ Chapter 9 Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and C ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 30 S.B.b Joint Regular Meeting Minutes August 20, 2012 Invocation/Pledge of Allegiance The invocation was given by Pastor Cynthia Husky, St. Paul Methodist Church. The Pledge of Allegiance was led by Eagle Scout Josue Luna. 2. Appointments There were no commission appointments. 3. Presentations 3A. Certificates of Recognition — Eagle Scout Court of Honor -- Council Member Valdivia Certificates were given to Eagle Scouts Josue Luna, George M. Candray, and Moises Larios in recognition of attaining their Eagle Scout ranking in the Boy Scouts. N Vl 3 311. Resolution - Jim Gerstenslager - 40th Anniversary of Western Regional Little League-Council Member Kelley(Postponed until September 4, 2012) N N 3C. Presentation for Route 66 Rendezvous 5 Wayne Austin of the Visitor and Convention Bureau reached out to the public for financial support for the Route 66 Rendezvous. He stated that a person could donate to Friends of the Rendezvous, or a business could donate to Business Friends of the r Rendezvous. 0 U Nick Gonzales, President of the Neighborhood Cluster Association Board, presented a N check in the amount of$500 to Mr. Austin. It was also announced that Lloyd Roberts of the Northend Neighborhood Association would be giving Mr. Austin an additional $500. L 3D. Chamber of Commerce Announcements -Jack Avakian rn v rr 4. Announcements — Mayor, Members of the Common Council, and N Elected Officials N 0 5. Consent Calendar 00 0 SA. City Clerk a Waive Full Reading of Resolutions and Ordinances E U Motion: Waive full reading of resolutions and ordinances on the joint regular a agenda dated August 20, 2012. RESULT: ADOPTED MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson,McCammack ® NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 31 ' Y S.B.b Joint Regular Meeting Minutes August 20, 2012 5B. Finance CApproval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack NAYS: John Valdivia N r O N 6. Public Hearings 6A. Community Development a Resolution of the Mayor and Common Council of the City of San Bernardino Adopting v General Plan Amendment No. 11-05 to Amend the Land Use Designation of 3 Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (IH), and 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 ; Street Opposite of Artesian Avenue and the Mitigation Monitoring and Reporting c°� Program. Mayor Morris opened the hearing. m Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the o following individuals that they would provide true and honest testimony: d Public Comments: Draymond Crawford, San Bernardino, CA - expressed support, but was concerned o about parking issues and that no traffic report was included in the backup. o N Paul Sanborn, San Bernardino, CA - stated that the original CC&Rs should be applied to 0 this new place,which state that nothing is to be piled higher than the fence. Tom Mungari, representing the applicant - stated that it was his understanding this item E was being continued. a Council Member Valdivia stated that residents have expressed concern regarding the "S" curve at this location and drainage issues. He wanted to make sure the drainage issue is looked into. He also asked for clarification as to what fire station would respond to this location. �) Motion: Continue the matter to the Council meeting of September 17, 2012. �./ Mayor and Common Council of the City of San Bernardino Page 4 Joint Regular Meeting Minutes August 20, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 9/17/2012 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 6B. Public Works RES. 2012-219 - Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of the Southwesterly Side of Kendall Drive,Northerly of Pine Avenue and Reserving Public Utility Easements Therein. City Attorney Penman stated he was conflicting off on this item because this is Kendall o Plaza, LLC, and the principal in that is a friend of his who has contributed to his w campaigns over the years; and that Special Counsel Tom Clark had reviewed and signed the resolution. He left the Council Chambers and returned after the vote was taken. a Mayor Morris opened the hearing. 3 c No public comments were received. _ U C 7 Jim Smith, Interim Director of Public Works, advised that this particular resolution would o bring Kendall Drive to the Traffic Element General Plan Circulation width of 100 feet N and 50 feet each side, so it is basically some cleanup to bring consistency with the City's N General Plan. w L Council Member Kelley asked whether staff had resolved the issue with the short section ° between the end of this project and the housing project where the County Flood Control area is located; and City Engineer Eisenbeisz replied in the affirmative. N Motion: Close the hearing; adopt the Findings of Fact, as set forth in the staff report o from the Public Works Director, as to why a portion of the southerly side of o Kendall Drive, northerly of Pine Avenue is no longer necessary for public co right-of-way purposes;and adopt the Resolution. ° RESULT: ADOPTED [UNANIMOUS] E s MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member,Ward 5 a AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack 7. Staff Reports 7A. City Mana¢er RES. 2012-220 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the San Bernardino International Airport Authority and the City of San Bernardino for the Provision of City Services for Fiscal Year 2012/2013. Mayor and Common Council of the City of San Bernardino Page 5 Packet P .'33 5.B.b Joint Regular Meeting Minutes August 20, 2012 Motion: Adopt Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson,McCammack NAYS: John Valdivia 7B. Civil Service Personnel Actions—Classified N 0 N 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 a Bernardino. N V RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 0 AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack © NAYS: John Valdivia N cm 7C. Community Development 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. N Motion: Lay over Ordinance for final adoption. o N O RESULT: FIRST READING [UNANIMOUS] Next: 9/4/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 E AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson, McCammack a 7D. Public Works Request Mayor and Common Council of the City of San Bernardino to Reject All Bids for Repair of 2nd Street Bridge Over Warm Creek, Bridge No. 54C-0411 (SS08-020),per Plans and Special Provisions No. 12814. Motion: Reject all bids. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 34 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack 7E. Public Works Update on Repair of City Street Lights and Alternative Technologies Motion: Authorize City staff to seek a funding plan for use of alternative technologies such as solar and LED technology including funding from N federal, state, local and private sources to achieve cost savings. o N RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson,Council Member,Ward 6 a' SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley,Johnson,McCammack c 8. Continued Items 0 0 8A, Public Works ® RES. 2012-221 -Resolution of the City of San Bernardino Approving Amendment No. 1 N to Agreements for Services with the firms of Joseph E. Bonadiman & Associates, Inc., and Parsons Brinkerhoff for On-Call Surveying and Map Checking Support. (Continued w from August 6, 2012) r2 rn Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] N MOVER: Fred Shorett, Council Member,Ward 4 N SECONDER: Virginia Marquez, Council Member, Ward 1 N w AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack ° ABSENT: John Valdivia d E U R 8B. Public Works a RES. 2012-222 -Resolution of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc., and Transportation Engineering and Planning, Inc., to provide On-Call Traffic Engineering Services. (Continued from August 6, 2012) Motion: Adopt the Resolution. V Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 35 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] [`./ MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson,McCammack ABSENT: John Valdivia 8C. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the Inland Valley Development Agency and the City of San Bernardino for Provision of N City Services for Fiscal Year 2012/2013. (Continued from August 6, 2012) o N N Motion: Table the matter. — a RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack e 0 0 U ® 8D. Public Works RES. 2012-223 - Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing the Execution an Agreement and Issuance of a Purchase Order with TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. (Continued from August 6, 2012) o m Council Member McCammack reiterated her request that the backup materials contain X information on everyone that was sent a request for bid. N Motion: Adopt the Resolution. N 0 N RESULT: ADOPTED [UNANIMOUS] o MOVER: John Valdivia, Council Member, Ward 3 d SECONDER: Chas A. Kelley, Council Member,Ward 5 E AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson,McCammack y a 8E. Public Works RES. 2012-224 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Improvements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus Parkway (SS08-001), Per Plan No. 12827. (Continued from August 6, 2012) Motion: Deem the bid submitted by Econo Fencing, Inc. non-responsive; and adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 36 Joint Regular Meeting Minutes August 20, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY 9A. Redevelopment Agency RES. 2012-225 - Resolution of the Mayor and Common Council of the City of San N Bernardino Approving Amendment No. 1 to the Home Investment Partnership Act Fund N Sub-Recipient Agreement by and Between Affordable Housing Solutions of San N Bernardino, Inc., and the City of San Bernardino for the Administration of the Home Program. (Continued from August 6,2012) a' Public Comments: Hans Vandertouw, San Bernardino, CA Motion: Adopt the Resolution. c 3 I O U o RESULT: FAILED [3 TO 2] ** MOVER: Rikke Van Johnson, Council Member,Ward 6 N SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Virginia Marquez, Chas A. Kelley, Rikke Van Johnson c NAYS: Fred Shorett, Wendy J. McCammack ° ABSTAIN: Robert D. Jenkins,John Valdivia **Subsequently, Council Member Shorett changed his vote to an Aye and Council Member McCammack changed her vote to an Abstain and the motion carried by a vote of four ayes to N three abstains. N 0 10. Public Comments on Items Not on the Agenda E r Ron Coats, San Bernardino, CA, spoke regarding the financial plight of the City, urged the Council to hold those accountable who have committed illegal activities, and a submitted a list of 13 money-saving suggestions into the record. Paul Sanborn, San Bernardino, CA, spoke regarding the City's financial issues and the use of Certificates of Occupancy to help clean up the mess. Betty Jean Long, San Bernardino, CA, asked where the City's money is going. John Block, City employee, spoke regarding the six individuals from San Bernardino who have made the ultimate sacrifice and suggested that they should all be honored here in San Bernardino. Mayor and Common Council ofthe City of San Bernardino Page 9 Packet Pg. 37 5.B.b Joint Regular Meeting Minutes August 20, 2012 Patricia Sacks, San Bernardino, CA, spoke about her Christian ministry, High Point Ministry,which is to raise and donate money. Barbara Babcock, San Bernardino, CA, spoke about the various groups forming to discuss the City's situation. She spoke about a newspaper article critical of San Bernardino resident Tracylyn Sharrit and expressed her support for Ms. Sharrit. Gary Sturdivan, President of Rotary Club of San Bernardino North, announced that their club meets on Thursdays at noon at the Arrowhead Country Club. 11. Adjournment At 5:47 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and N Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Tuesday, September 4, 2012, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. a v 3 C GEORGEANN"GIGI"HANNA City Clerk U 0 0 U By o+ Linda E. Hartzel N Deputy City Clerk w o` m d N r O N O N W O C a1 E r U R a C) Mayor and Common Council of the City ojSan Bernardino Page 10 PacketPg.38 � AUGUST 29 , 2012 � � MINUTES � � JTm SPECIAL � MEETING � S.B.c �o City of San Bernardino Mayor Patrick J. Morris SP �9t 300 North "D" Street Council Members o San Bernardino, CA 92418 Virginia Marquez �- Robert D. Jenkins r a. http://www.sbcity.org John Valdivia r Fred Shorett VG��ED tN v9� Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N r DRAFT MINUTES N JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO a MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY 0 AND ® MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N AS THE HOUSING AUTHORITY rn AUGUST 29, 2012 7 U N Q The Joint Special Meeting was called to order by Mayor Patrick J. Morris at 4:00 p.m., Wednesday, August 29, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. o N D7 N Roll Call 0 Attendee Name Title Status Arrived E Virginia Marquez Council Member, Ward 1 Present 4:00 p.m. rs Robert D. Jenkins Council Member, Ward 2 Present 4:00 p.m. a John Valdivia Council Member, Ward 3 Present 4:00 p.m. _ Fred Shorett _ Council Member, Ward 4 Present 4:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 4:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 4:00 _Lm. Wendy J. McCammack Council Member, Ward 7 Present 4:00 p.m. Patrick J. Morris Mayor ! Present 4:00 p.m_ © James F. Penman City Attorney Present 4:00 .m. Geor earn "Gigi" Hanna City Clerk Present 4:00 p.m. Andrea Travis-Miller City Manager Present 4:00 p.m. Mayor and Common Council of the City of San Bernardino Pagel Packet Pg 9 S.B.c Joint Special Meeting Minutes August 29, 2012 1. Closed Session - Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): In Re City of San Bernardino, California, United States Bankruptcy Court, Central District of California (Riverside), Case No. 6:12-bk28006. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision(b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation- initiation of litigation-pursuant to subdivision(c) of Government Code Section 54956.9. o N D. Closed Session-personnel -pursuant to Government Code Section 54957. rn 3 E. Closed session with Chief of Police on matters posing a threat to the security of public a buildings or threat to the public's right of access to public services or public facilities - d pursuant to Government Code Section 54957. 5 F. Conference with labor negotiator-pursuant to Government Code Section 54957.6. U G. Conference with real property negotiator - pursuant to Government Code Section 0 ® 54956.8. City Attorney Penman announced that under Agenda Item 1F, Conference with Labor N Negotiator, that the labor negotiator would be the City Manager. i Closed Session-Public Comments a N Kathy Mallon, San Bernardino, CA stated that around June 2010 the Mayor and Council came up with a City Vision that was full of hope. She reviewed some of the specifics included in that vision and asked the Mayor and Council to keep in mind the vision they had for the City two N years ago as they address the current budget issues. N 0 Council Member Kelley expressed disappointment that the Pre-Pendency Plan had not yet been made available to the public. r U Council Member McCammack stated she was not sure that the information in the plan had been shared with all employees by their supervisors, and it would be unfair to the employees if a the specifics have not been discussed with them. 2. Open Session 2A. Parks. Recreation & Community Services RES-2012-137 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Vendor Service Agreements with Inland Empire Landscape, Service Scape, and Valley Crest Landscape to Perform Comprehensive Landscape Maintenance on the City of San Bernardino's Fifty-Eight (58) Landscape Maintenance Districts. Mayor and Common Council of the City of San Bernardino Page 1 In Packet P 40 5.B.c Joint Special Meeting Minutes August 29, 2012 Council Member McCammack stated she would abstain on this item because one of the vendors could be a business client. She left the Council Chambers and returned after the vote was taken. Motion: Continue the matter to the Council meeting of September 4, 2012. RESULT: FAILED [2 TO 4] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Jenkins, Valdivia N NAYS: Marquez, Shorett, Kelley,Johnson N ABSTAIN: McCammack v 3 LT 7 Q Public Comments: Edra Fiocca, Fifth Ward resident, spoke regarding the fire danger near her home from the unmaintained LMD. She stated the money the residents have paid has disappeared, even though it is a restricted fund. She wanted to know who made the decision to use these funds and stated that she wants a refund. 0 Ida Raffett, Fifth Ward resident, stated she was also afraid of the fires and wanted to �j know if the Fire Department was coming out the next day to inspect the property. M Motion: Waive full reading; and adopt the Resolution. L m i RESULT: ADOPTED [5 TO 1] MOVER: Chas A. Kelley, Council Member, Ward 5 a .SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson N NAYS: Valdivia <°, ABSTAIN: McCammack N _ o E L U Q C Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 41 5.B.c Joint Special Meeting Minutes August 29, 2012 2B. City Mana¢er C Authorization for the Director of Finance, Under Direction of the City Manager, to Utilize Restricted Funds to Conduct Day to Day Business of the City Until the City Becomes Cash Solvent. Motion: Authorize the Director of Finance, under direction of the City Manager, to utilize restricted funds to conduct day to day business of the City until the City successfully emerges from bankruptcy and becomes cash solvent. RESULT: FAILED [3 TO 41 MOVER: Rikke Van Johnson, Council Member, Ward 6 N SECONDER: Virginia Marquez, Council Member, Ward 1 0 AYES: Marquez, Shorett,Johnson NAYS: Jenkins, Valdivia, Kelley,McCammack m Public Comments: Hans Vandertouw, San Bernardino, CA Kathy Mallon, San Bernardino, CA U Motion: Authorize the Director of Finance, under direction of the City Manager, to 0 utilize restricted funds to conduct day to day business of the City, and that the O matter shall come back to the full Council in no more than six months for full N evaluation. N r RESULT: ADOPTED [6 TO 1] ° MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson, McCammack NAYS: Valdivia r 0 N N 2C. City Manaeer o RES. 2012-227 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the City of San Bernardino to Establish 2012-2013 Expenditures for the Month of September 2012 Only, at One-Twelfth the Actual Levels Contained in the Adopted Budget for 2011-2012 Fiscal Year, or as Needed to Pay the a Authorized Costs Incurred for the Month of September 2012 Only, Pending Final Approval of the 2012-2013 Budget. Public Comments: Paul Sanborn, San Bernardino, CA Kathy Mallon, San Bernardino,CA Steve Tracy,member of public safety Mayor and Common Council of the City of San Bernardino Page 4 5.B.c Joint Special Meeting Minutes August 29, 2012 Motion: Waive full reading; and adopt the Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Wendy J.McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack NAYS: Valdivia 2D. Council Office Designation of Council Member John A. Valdivia as the Voting Representative for the N City of San Bernardino at the League of California Cities Conference Scheduled for o September 5 - 7,2012 in San Diego California and Authorizing the Payment of Costs and N Expenses for Council Member Valdivia for Said Conference. a Motion: To table the matter. N d RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 0 © ° N N 2E. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Pre-Pendency Budget Plan. U d Due to the lateness of the hour, it was the consensus of opinion that this matter should be continued to the regular Council meeting scheduled for Tuesday, September 4, 2012, in order for the remaining department heads to present their proposals to the Mayor and Council. ° N o� N of 3. Public Comment ° C Doug Potter, San Bernardino, CA stated that police and fire personnel don't pay z anything toward their retirement and questioned the exorbitant benefits received by safety °m personnel. a Ronald Donis, San Bernardino, CA stated he was ashamed of the infighting among the elected officials and that there should be contribution limits in the city. Stephen Johns, San Bernardino, CA expressed concern regarding the reduction of staffing in the sewer and refuse divisions. Scott Olson, San Bernardino, CA stated that the Council has his support and people need to come to grips with the Council's right to agree or disagree, but ultimately there will be no winners. Mayor and Common Council of the City ofsan Bernardino Page 5 5.B.c Joint Special Meeting Minutes August 29, 2012 George Swift, general unit representative, stated that no one has met with his group--that he is reading the pre-pendency plan for the first time tonight and two Proposition 18 employees are being eliminated. He stated the process should be stopped until they have met with their employees. Barbara Babcock, San Bernardino, CA spoke regarding some of the events of the day and encouraged residents to go to the Police Academy. 4. Adjournment The meeting adjourned at 11:00 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., Tuesday, September 4, 2012. 0 N GEORGEANN"GIGP'HANNA City Clerk a N d By c Linda E. Hartzel Deputy City Clerk C 0 0 U N N A U N Q N r O N W N 00 O C d E L U A Q Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 44