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HomeMy WebLinkAbout05.B- City Clerk DOC ID: 2310 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann"Gigi" Hanna M/CC Meeting Date: 03/04/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): N/A Subject: Council Minutes - October 1, 2102; and October 15,2012 Current Business Registration Certificate: Not Applicable Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meetings of October 1, 2012 and October 15,2012, as submitted. Supporting Documents: 10-01-2012 Jr. Reg. (Draft)_gb (PDF) 10-15-2012 Jt. Reg. (Draft)_gh (PDF) i Updated:2/28/2013 by Linda Sutherland Packet Pg. 24 0 City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N O N DRAFT MINUTES 0 0 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL o OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY o AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING t CM I AS THE HOUSING AUTHORITY w R 0 OCTOBER 1,2012 COUNCIL CHAMBERS ti The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was N called to order by Mayor Patrick J. Morris at 1:42 p.m., Monday, October 1, 2012, in the Council N Chambers, 300 North "D" Street, San Bernardino, California. o 0 Roll Call 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. C John Valdivia Council Member, Ward 3 Present 1:30 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m. Wendy J. McCammack Council Member, Ward 7 Absent ----------- 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 Cary of San Bernardino Page] Packet Pg. 25 5.B.a Joint Regular Meeting Minutes October 1, 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, U.S. Bankruptcy Case No. 6:12-bk-28006 MJ (B) Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1); (2); (3) (A-F) of Government Code Section 54956.9. N (C) Conference with legal counsel - anticipated litigation - initiation of litigation - N pursuant to subdivision(c)of Government Code Section 54956.9. 0 (D) Personnel -pursuant to Government Code Section 54957. o N (E) Closed session with chief of police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities-pursuant to Government Code Section 54957. — (F) Conference with labor negotiator - pursuant to Government Code Section 54957.6. 0 (G) Conference with real property negotiator - pursuant to Government Code Section Q54956.8. City Attorney Penman announced that the following additional cases would be discussed A in closed session: ° :r d Under Agenda Item No. 1 A,existing litigation: Plavco and the Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings - Superior Court of the State of California, County of Los °� Angeles, Central District, Case No. BC465755; and o 0 Under Agenda Item No. 1B, significant exposure to litigation: c d Agenda Item Nos. 7H and 7L. E m a Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of former Mayor Tom Minor. Invocation/Pledge of Allegiance /^ The invocation was given by Pastor Sandy Tice from First Presbyterian Church. The pledge of allegiance was led by Mirella Bovadilla, an I Vh grade student at Casa Ramona Academy. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 26 S.B.a Joint Regular Meeting Minutes October 1, 2012 2. Appointments There were no commission appointments. 3. Presentations 3A. Proclamation Designating October 2012 as Community Planning Month — Mayor Morris 3B. Presentation to Council Members Jenkins and Marquez by Sandra Castro, Miss N Cardinal 2012-13—2012 Homecoming Grand Marshall N `w 3C. Chamber of Commerce Announcements—Robert Gastel o U 0 4. Announcements — Mayor, Members of the Common Council, and Elected Officials 5. Consent Calendar 0 U 5A. City Clerk Waive Full Reading of Resolutions and Ordinances M N Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated October 1, 2012. RESULT: ADOPTED [UNANIMOUS] (00:52:14)1 ° MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson N ABSENT: Wendy J. McCammack N 0 5B. City Clerk r Calendar of Council Meetings for 2013 E Motion: Approve the Proposed 2013 Mayor and Common Council Meeting Calendar. a RESULT: ADOPTED [UNANIMOUS] (00:52:14) MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson ABSENT: Wendy J. McCammack 'Indicates timestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office Mayor and Common Cowcil of the City of San Bernardino Page 3 S.B.a Joint Regular Meeting Minutes October 1, 2012 5C. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [5 TO 11 (00:53:19) MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson NAYS: John Valdivia N ABSENT: Wendy J. McCammack N d 6. Public Hearings o 6A. Community Development d RES. 2012-240 — Resolution of the Mayor and Common Council of the City of San 3 Bernardino Adopting General Plan Amendment No. 11-05 to Amend the Land Use E Designation of 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 0 South Side of Walnut Street Opposite of Artesian Avenue, and the Mitigation Monitoring c and Reporting Program. (Continued from September 17, 2012.) N The hearing remained open. rn Submitted into the record was an Interoffice Memorandum addressed to the Mayor and Common Council from Aron Liang, Senior Planner, dated October 1, 2012, regarding ° Agenda Item 6A - General Plan Amendment No. 11-05 & Conditional Use Permit No. 11-16. N Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the o following individual that he would provide true and honest testimony. 0 0 Public Comments: Tom Mungari, representing Apple Auto Dismantling, urged adoption of the project. He stated that the item appeared on the August 20, 2012 Council agenda, but was continued s to resolve some questions that were presented in written comments to the Mitigated Negative Declaration by the City of Colton. After a series of meetings with Colton City a officials as well as City of San Bernardino staff, those items were resolved. The second continuance was on September 17, 2012, when there were certain clarifications that were requested to be made to a condition that was added to mitigate the ponding situation on the comer of Muscott and West Walnut. Council Member Marquez stated that she read the backup and perhaps she missed it, but she understood that the Planning Commission added conditions regarding fencing. She asked Mr. Stewart to elaborate. Tony Stewart, City Planner, stated that based upon the recent changes to the fencing ordinance with regard to electrified fencing, Condition No. 24 was added. He stated that Mayo-and Common Council of the City ofSan Bernardino Page 4 Packet Pg. 28 5.B.a Joint Regular Meeting Minutes October 1, 2012 the original proposal called for lower fencing along the side property line adjacent to where there was a potential for the stacking of certain auto parts that would exceed that fence height, so the Planning Commission asked for a taller fence in that area that would also extend for a longer length along that property line to make sure that those stored items would be appropriately screened. Ms. Marquez asked if a community meeting had been held to discuss any issues that residents may have had like noise levels and traffic. Mr. Mungari stated that he personally knocked on the doors of about 30 residences that front on Walnut between Muscott and east to the railroad crossing, and no negative _ statements had been made. N 0 N Motion: Close the hearing; and adopt Resolution to: Adopt the Mitigated Negative a Declaration and Mitigation Monitoring/Reporting Program (Exhibit C), ° U and approve General Plan Amendment No. 11-05 and Conditional Use o Permit No. 11-16, based on the Findings of Fact contained in the Planning Commission Staff Report dated July 25, 2012 (Attachment 2) and subject to the amended Conditions of Approval(Exhibit B). g RESULT: ADOPTED [UNANIMOUS] (00:57:46) MOVER: John Valdivia, Council Member, Ward 3 U SECONDER: Chas A. Kelley, Council Member, Ward 5 0 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson ABSENT: Wendy J. McCammack m 7. Staff Reports m v 7A. Civil Service Personnel Actions -Classified N Motion: Approve the classified personnel actions, as submitted by the Chief N Examiner, in accordance with Civil Service rules and Personnel policies o adopted by the Mayor and Common Council of the City of San o Bernardino. c RESULT: ADOPTED [UNANIMOUS] (01:01:05) E U MOVER: Fred Shorett, Council Member, Ward 4 « SECONDER: Virginia Marquez, Council Member, Ward 1 a AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson ABSENT: Wendy J. McCammack Mayor and Common Coanci[of the City of San Bernardino Page 5 Packet Pg. 29 5.B.a Joint Regular Meeting Minutes October 1, 2012 7B. Community Development An Ordinance of the City of San Bernardino Repealing Chapter 15.55 of the San Bernardino Municipal Code and Canceling Its Assumption of Responsibility for the Enforcement of the California Mobilehome Parks Act Pursuant to California Health and Safety Code Section 18300(e), and Returning Said Enforcement Authority to the California Department of Housing and Community Development. (FIRST READING) Motion: Council Member Kelley made a motion, seconded by Council Member Johnson, to lay the Ordinance over for final adoption. The vote was taken following further discussion. (01:05:20) Substitute N Motion: Council Member Shorett made a motion, seconded by Council Member N Jenkins, to transfer responsibility for the enforcement of the Mobilehome Parks Act to the Code Enforcement Division. Subsequently, Council o Member Shorett rescinded his motion. (01:05:28) 0 Substitute d Motion: Council Member Jenkins made a motion to transfer responsibility for the enforcement of the Mobilehome Parks Act to the Code Enforcement Division. The motion died for lack of a second. (01:06:36) c Joe Lease, Building Official, stated that the Building Division no longer has the resources c i to continue the program, and if it is returned to the state, the state will be obligated to 0 conduct the proactive inspections, respond to complaints within mobilehome parks, and N issue permits. Mr. Lease stated that 69 percent of cities within the Inland Empire have not assumed responsibility for the mobilehome park program, and statewide that number ^i is 85 percent. The program costs more than the fees they are allowed to take in under A California law, and if responsibility is returned to the state, projected budget savings o would be$100,000. Council Member Jenkins expressed concern that residents in the City of San Bernardino will have to compete with nearby cities and then rely on the state to address their N concerns. ° N r ° Substitute o Motion: Council Member Valdivia made a motion, seconded by Council Member Jenkins, to transfer responsibility for the enforcement of the Mobilehome E Parks Act to the Code Enforcement Division. Subsequently, Council E Member Jenkins rescinded his second to the motion. (01:19:23) m a Public Comments: Scott Olson, San Bernardino, CA Motion: Lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 30 5.B.a Joint Regular Meeting Minutes October 1, 2012 RESULT: FIRST READING [UNANIMOUS] Next: 10/15/2012 1:30 PM MOVER: Chas A.Kelley, Council Member,Ward 5 (01:21:47) SECONDER: Rikke Van Johnson,Council Member,Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson ABSENT: Wendy J. McCammack j 7C. Council Office Discussion and Possible Action Re: Request for Proposals for Franchising of All Components of the City's Solid Waste Services N r Public Comments: N Paul Flores, San Bernardino, general unit representative 9 O Submitted into the record and distributed to the Mayor and Council was a document titled o "Request for Proposals For Solid Waste Collection, Receiving, Processing, Transfer and Disposal Services," Public Works Director Jim Smith's Proposed Edits (Draft 5.5), dated 3 September 26,2012. g Discussion ensued regarding the bid process; employment opportunities for current c employees, two solid waste collection zones; managed competition; the 12-mile radius; 0 AB341 relative to Material Recovery Facilities (MRFs); reduction of the number of bins o from three to two; and compensating the consultant. Motion: Request that the Acting City Manager work out the details of the Request ^i for Proposal (RFP) with the consultant and come back to the Council on October 15, 2012. o RESULT: CONTINUED 15 TO 11 Next: 10/15/2012 1:30 PM MOVER: Chas A. Kelley, Council Member,Ward 5 (01:22:18) SECONDER: Robert D. Jenkins, Council Member,Ward 2 N AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley N NAYS: Rikke Van Johnson ° b ABSENT: Wendy J. McCammack m E t U Q Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 31 S.B.a Joint Regular Meeting Minutes October 1, 2012 7D. Council Office Creation of Quality of Life Ad Hoc Committee Motion: Continue the matter to the Council meeting of October 15, 2012. RESULT: CONTINUED [5 TO 11 Next: 10/15/20121:30 PM MOVER: John Valdivia, Council Member,Ward 3 (02:12:52) SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson _ ABSENT: Wendy J. McCammack N 0 N L d 7E. Finance o Receive and File the City of San Bernardino Cash Flow Position Report as of September O 26,2012 Consensus G Motion: Receive and file report and information. U G 0 7F. Finance RES. 2012-241 — Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Execution of a First Amendment to Consultant Services N Agreement Between Urban Futures Incorporated and the City of San Bernardino for l` Interim Public Works Director Consultant Services. w Agenda Item Nos. 7F and 7G were discussed and voted on simultaneously. o` Andrea Travis-Miller, Acting City Manager, stated stated that she did not want this to be of a long-term solution, but given the dynamics of the situation and the fact that they are saving money on the benefits, staff has proposed continuing this relationship for a period N of time until they can evaluate the situation. N Motion: Adopt the Resolution; and add a provision in the agreement that the o Interim Public Works Director shall report his day to day operations directly to the Acting City Manager, and if there is a conflict between the President of Urban Futures, Inc. and the Acting City Manager, the Interim r Public Works Director will take his direction(s) from the Acting City Manager. RESULT: ADOPTED [4 TO 21 (02:14:44) and(02:25:28) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia ABSENT: Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 32 S.B.a Joint Regular Meeting Minutes October 1, 2012 7G. Finance RES. 2012-242 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a Second Amendment to Consultant Services Agreement Between Urban Futures Incorporated and the City of San Bernardino for Restructuring and Fiscal Analysis Consultant Services. Motion: Adopt the Resolution. RESULT: ADOPTED 14 TO 21 (02:15:09) MOVER: Fred Shorett, Council Member,Ward 4 N SECONDER: Chas A. Kelley, Council Member,Ward 5 N AYES: Virginia Marquez,Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia C U EXCUSED: Wendy J. McCammack o N d 7H. Finance RES. 2012-243 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The City Manager to Execute an Agreement by and Between the City of San Bernardino and ATS Communications, a California Corporation, for the o Purpose of Raising Capital by Selling Off City Interests in Existing Cell Tower Leases with the Cellular Telephone Service Providers to an Independent Third Party. M N Motion: Adopt the Resolution; and that any monies collected go toward repayment L of the general fund deficit. ° m RESULT: ADOPTED [5 TO 11 (02:27:27) o MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley N NAYS: Rikke Van Johnson N ABSENT: Wendy J. McCammack o 0 7I. Finance m RES. 2012-244 — Resolution of the Mayor and Common Council of the City of San E Bernardino Authorizing the City Manager to Execute a Services Agreement by and Between the City of San Bernardino and ATS Communications, a California a Corporation, for the Development of New Cell Tower Leases on City Property. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 33 S.B.a Joint Regular Meeting Minutes October 1, 2012 RESULT: ADOPTED [5 TO 11 (02:30:43) MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley NAYS: Rikke Van Johnson ABSENT: Wendy J. McCammack 7J. Fire RES. 2012-245 — Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing the City Manager to Execute an Agreement with the City of Los N Angeles for the Purpose of Accepting and Administering the FY 2010 Regional Catastrophic Preparedness Grant Program. 'o 0 O Motion: Adopt the Resolution. N N RESULT: ADOPTED [UNANIMOUS] (02:31:36) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member,Ward 5 0 AYES: Marquez,Valdivia, Shorett,Kelley,Johnson ABSENT: Robert D. Jenkins,Wendy J. McCammack ° M N_ 7K Fire Review, Discuss, and Provide Direction on the Fire Department's Alternative R Restructuring Proposal and the Pre-Pendency Plan Chief Drasil summarized the Fire Department's proposal. Public Comments: Mike Potter, San Bernardino, CA N Stephen N.Johns, City employee, San Bernardino, CA o Charles Greenwood, City employee, San Bernardino, CA ° Barbara Babcock, San Bernardino, CA d E s U Motion: Approve the Fire Department's Pre-Pendency Plan related to the City's ° proposed FY 2012/2013 Budget. a RESULT: ADOPTED 14 TO 11 (02:32:55) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins © ABSENT: John Valdivia,Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 10 S.B.a Joint Regular Meeting Minutes October 1, 2012 7L. Human Resources Personnel Actions—Unclassified Council Member Shorett stated that he could not support the hiring of anybody new at this time. Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures, as revised, with the addition of the Administrative Analyst I position in the City Attorney's Office. N RESULT: ADOPTED [5 TO 11 (01:02:46) N MOVER: Robert D. Jenkins, Council Member,Ward 2 a 0 SECONDER: John Valdivia, Council Member,Ward 3 0 AYES: Marquez,Jenkins,Valdivia, Kelley,Johnson N NAYS: Fred Shorett ABSENT: Wendy J. McCammack U 7M. Police o RES. 2012-246 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the United States M T Department of Justice, Drug Enforcement Administration, and the San Bernardino Police Department to Participate in the Los Angeles High Intensity Drug Trafficking Area (HIDTA)Task Force m Motion: Adopt the Resolution. ° _ d RESULT: ADOPTED [UNANIMOUS] (03:08:40) MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward 1 N AYES: Marquez, Jenkins, Shorett, Kelley, Johnson o ABSENT: John Valdivia,Wendy J. McCammack m 7N. Public Works RES. 2012-247 — Resolution of the Mayor and Common Council of the City of San Bernardino Repealing Resolution No. 92-264 Relative to the Temporary Closure of a Central Avenue,Now Known as Palm Meadows Drive, East of Tippecanoe Avenue. Motion: Adopt the Resolution; and authorize the Director of Public Works to initiate proceedings to rename Palm Meadows Drive, east of Tippecanoe Avenue, to Central Avenue and set a public hearing for November 19, 2012, at the hour of 4:00 p.m. to consider said renaming of Palm Meadows Drive. Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg. 35 S.B.a Joint Regular Meeting Minutes October 1, 2012 RESULT: ADOPTED [UNANIMOUS] (03:09:35) MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez,Council Member,Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson ABSENT: John Valdivia,Wendy J. McCammack i 8. Continued Items 8A. City Clerk Council Minutes of March 5, 2012 and March 19, 2012 (Continued from August 6, b 2012.) Motion: Approve the minutes of the Mayor and Common Council and the Mayor o and Common Council Acting as the Successor Agency to the p Redevelopment Agency meetings of March 5, 2012, and March 19, 2012, N as submitted. RESULT: ADOPTED [UNANIMOUS] (03:10:42) MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson o ABSENT: John Valdivia,Wendy J. McCammack N x 8B. City Clerk Council Minutes of May 7, 2012; May 21, 2012; and May 31, 2012 (Continued from August 6, 2012.) Motion: Approve the minutes of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the N Redevelopment Agency meetings of May 7, 2012, May 21, 2012, and N May 31, 2012, as submitted. o 0 RESULT: ADOPTED [UNANIMOUS] (03:10:42) MOVER: Rikke Van Johnson, Council Member,Wad 6 d E SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson a ABSENT: John Valdivia,Wendy J. McCammack 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, spoke against the Mayor and Council's behavior during the meeting and announced that she would be running for mayor. Ron Coats, San Bernardino, CA, stated that each decision the Council makes must be dictated by changing the City's demographics for the betterment of the City; suggested that the Council meet weekly; asked the Council to stop dragging their feet on decisions Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 36 S.B.a Joint Regular Meeting Minutes October 1, 2012 such as the partnering of the Refuse Department; and presented an anti-panhandling flier that could be used by every business in the City. (A copy of the flier and the comments made by Mr. Coats were submitted into the record.) Mike Potter, San Bernardino, CA, stated that the City needs to know how things happen to avoid the same thing happening in the future. Barbara Babcock, San Bernardino, CA, urged people to get out and vote and spoke about GOTV efforts in the City of San Bernardino. Roger Henderson, San Bernardino, CA, spoke about lack of leadership and urged the _ Mayor and Council to stop talking and find some solutions. N 0 N Jim Smith, San Bernardino, CA, thanked the Council for approving the Fire s Department's Pre-Pendency Plan; spoke in favor of keeping the refuse workers and S seeking other sources to bring fiscal responsibility to the City; recommended looking into 0 a relationship with CAL FIRE; and suggested that the City look into becoming a General Law City. Tim Prince, San Bernardino, CA, stated that financial decisions are not made by the Mayor—they are made by the City Council; spoke against the Council members who were absent from the dais; and commented on the City Attorney's and the Fire Department's budgets. 0 M Charles Greenwood, San Bernardino, CA, urged the residents of the City of San Bernardino to take an interest and get involved in the business of the City; and spoke about the Council's behavior. w R 0 10. Adjournment At 7:44 p.m., the meeting adjourned to October 15, 2012, at noon, in the Management Information Conference Room (MIC), for a closed session budget workshop. 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 C°, 1:30 p.m., Monday, October 15, 2012. o 0 m E GEORGEANN"GIGI"HANNA v City Clerk a By Linda Sutherland Deputy City Clerk Q Mayor and Common Coanci/ofthe City of San Bernardino Page 13 Packet Pg. 37 5.B.b ,etiR"AR& City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members A San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia �o Fred Shorett GNp D Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N O N DRAFT MINUTES a 0 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL o OF THE CITY OF SAN BERNARDINO 3 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY — U C MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY o AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY — w MONDAY, OCTOBER 15, 2012 ° COUNCIL CHAMBERS d 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 12:07 p.m., Monday, October 15, 2012, in the N 0 Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 0 Call to Order r Attendee Name Title Status Arrived v Virginia Marquez Council Member, Ward 1 Present 12:00 p.m. r Robert D. Jenkins Council Member, Ward 2 Present 12:00 p.m. M John Valdivia Council Member, Ward 3 Present 12:00 p.m. a 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. Morris Mayor Present 12:00 p.m. James F. Penman City Attorney Present 12:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 12:00 p.m. Andrea Travis-Miller City Manager Present 12:00 p.m. Mayor and Common Council of the City of San Bernardino Page Packet Pg. 38 5.B.b Joint Regular Meeting Minutes October 15, 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, U. S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ; International Union of Operating Engineers Local 12 v. City of San Bernardino - Unfair Practice Charge No. LA-CE-795-M. N 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: o U O Haddad v. City of San Bernardino, as Successor Agency; y d 5 Hillerest Contracting; Repavement Contract; E Home Depot v. City of San Bernardino, as Successor A eg ncv; 3 O Tallman Family Building v. City of San Bernardino, as Successor Agency. 0 C. Conference with legal counsel — anticipated litigation - initiation of litigation - [�, pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. 2 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 r O F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 0 Police Safety d Police Management s Fire Safety R Fire Management Mid-Management General Management/Confidential G. Conference with real property negotiator-pursuant to Government Code Section 54956.8. C Mayor and Common Comcil of the City of San Bernardino Page 2 Packet Pg. 39 S.B.b Joint Regular Meeting Minutes October 15, 2012 City Attorney Penman announced that the following additional case would be discussed in closed session: United States Securities Exchange v. City of San Bernardino (MLA-4209) Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Dr. Alan Rosenberg from the Christian and Missionary Alliance c Church. The Pledge of Allegiance was led by Council Member McCammack. N d .0 0 2. Appointments o There were no commission appointments. r 3. Presentations c 'v 3A. Certificates of Commendation -- Dennis Decker (absent) and Robert Valdovinos of 0 the City's storm drain crew -- Mayor Morris and Tony Frossard, Operations and Maintenance Division Manager, Public Works o M N 3B. Students of the Month -- Rita DeHaro, Indian Springs High School and Terri r Simmons, Sierra High School-- Council Member Marquez rn x 3C. Certificates of Commendation -- Alicia and Rocio Aguayo -- Council Member 2 Marquez a 3D. Citizens of the Month--Joseph & Mary Palencia -- Council Member Valdivia N r 3E. Resolution presented to the Legal Aid Society of San Bernardino in recognition of its 50th Anniversary and Proclamation presented to Roberta Self, Executive Director, Legal Aid Society-- Council Member Kelley r c 3F. Chamber of Commerce Announcements --Jim Gerstenslager d E r U lC 4. Announcements — Mayor, Members of the Common Council, and Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated October 15,2012. Mayor and Common Council of the City of San Bernardino Page 3 Packe �;AO. . S.B.b Joint Regular Meeting Minutes October 15, 2012 RESULT: ADOPTED [UNANIMOUS] (1:12:06)1 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia,Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack 5B. Community Development ORD. MC-1379 - An Ordinance of the City of San Bernardino Repealing Chapter 15.55 of the San Bernardino Municipal Code and Canceling Its Assumption of Responsibility N for the Enforcement of the California Mobilehome Parks Act Pursuant to California Health and Safety Code Section 18300(e), and Returning Said Enforcement Authority to the California Department of Housing and Community Development. Final Reading g U O Motion: Adopt the Ordinance. N d RESULT: ADOPTED [UNANIMOUS] (1:12:06) MOVER: Robert D. Jenkins, Council Member,Ward 2 — U SECONDER: John Valdivia, Council Member,Ward 3 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack M N 6. Continued Items L m 6A. Council Office m Creation of Quality of Life Ad Hoc Committee (Continued from October 1, 2012) o m d Public Comments: Debbi Matley, San Bernardino, CA; Hans Vandertouw, San Bernardino,CA; o Scott Olson, San Bernardino, CA. N ai Motion: Discuss and Create a Quality of Life Ad Hoc Committee. _. . . .. . ... . ... _.--- _ -. - _.. c RESULT: ADOPTED [4 TO 31 (1:12:49) E MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 a AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley,Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson ® Indicates timestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 41 5.B.b Joint Regular Meeting Minutes October 15, 2012 6B. Council Office Discussion and Possible Action Regarding Request for Proposals for Franchising of All Components of the City's Solid Waste Services (Continued from October 1,2012) Submitted into the record were two documents, as follows: Legal Opinion No. 12-1-A to Jim Smith, Interim Director of Public Works, from Donn Dimichele, Deputy City Attorney, dated October 15, 2012, regarding Hiring of City Refuse Employees by Franchisee, and City of San Bernardino, Request for Proposals for Residential & Commercial Solid N Waste, Recyclable Materials, Organic Materials and Street Sweeping Services, dated N October 30,2012. d a 0 Referring to an interoffice memorandum dated October 12, 2012, from Deputy City o Attorney Richard Luczak to City Attorney Penman regarding Summary of Changes to , Mayor's RFP (10/11/12), Mayor Morris advised that his office has remained removed v from the preparation of the RFP, and he personally had no hand in its preparation. 'c Jim Smith, Interim Director of Public Works, stated that this item is an item directing the City Manager to issue the Request for Proposals. He stated he has been involved for o approximately four weeks directly with Joe Sloan and Ricky Vazquez providing the data and technical information that is available in terns of finances, trucks, leases, personnel—all of which has been compiled into 90 pages and is the subject of the RFP. L `.– He stated that the City is considering the franchising of the residential and commercial ° refuse operations as well as the street sweeping. m o_ Motion: To Table. m m RESULT: TABLED 15 TO 21 N MOVER: Rikke Van Johnson, Council Member, Ward 6 0 SECONDER: Wendy J. McCammack,Council Member,Ward 7 AYES: Marquez, Jenkins, Valdivia, Johnson,McCammack o NAYS: Fred Shorett, Chas A. Kelley r d E L U 7. Staff Reports a 7A. City Attorney ORD. MC-1380 - An Urgency Ordinance of the City of San Bernardino Adding Chapter 9.97 to the San Bernardino Municipal Code Relating to the Regulation of Registered Sex Offenders on Halloween. Motion: Adopt the Urgency Ordinance. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 42 S.B.b Joint Regular Meeting Minutes October 15, 2012 RESULT: ADOPTED [UNANIMOUS] (3:44:55) MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 7B. City Attorney RES. 2012-248 - Resolution of the City of San Bernardino Amending Resolution No. 3985 Entitled, in Part, "A Resolution ... Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portions Thereof...." to Establish a No Parking Any Time Zone on Spruce Street Between Mount Vernon Avenue and the North South Alley Located o Approximately One-Hundred Seventy-Five Feet West of Mount Vernon Avenue. N m Motion: Adopt the Resolution. 0 RESULT: ADOPTED [UNANIMOUS] (3:45:56) v MOVER. Chas A. Kelley,Council Member, Ward 5 SECONDER: Rikke Van Johnson,Council Member, Ward 6 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack c 0 0 U 7C. City Attorney RES. 2012-249 - Resolution of the Mayor and Common Council of the City of San N Bernardino Approving the Hiring of Mundell, Odium&Haws,LLP to Represent the City rn Regarding the Case Entitled International Union of Operating Engineers, Local 12 v. City of San Bernardino, Unfair Practice Charge No. LA-CE-795-M. City Attorney Penman stated he was going to ask the Council to vote to waive the m conflict between the City and himself based on this particular complaint of an unfair practice charge. He previously stated that this was not the appearance of a conflict—it is a an actual conflict; but apparently in the Clerk's notes it came out as an appearance of a o conflict, but it is an actual conflict, and that is what the Council needs to waive in order for Mr. Odium to represent both the City and himself. Therefore, he would ask the c Council to do both—adopt this particular resolution and to waive that conflict. v The additional language was accepted by both the motion mover and the seconder. L U A Motion: Adopt the Resolution; and Waive the Conflict of City Attorney Penman. a RESULT: ADOPTED [UNANIMOUS] (3:47:52) MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack Mayor and Common Council ofthe City of San Bernardino Page 6 Packet 4 43 5.B.b Joint Regular Meeting Minutes October 15, 2012 7D. City Attorney Waiver of Conflict of Interest and Authorizing the City Attorney to Represent the Economic Development Corporation and Affordable Housing Solutions Motion: Waive the conflict of interest between the City of San Bernardino and the Economic Development Corporation and Affordable Housing Solutions and authorize the City Attorney to represent the Economic Development Corporation and Affordable Housing Solutions; and agree to defend and indemnify the City Attorney and other attorneys in the City Attorney's office. RESULT: ADOPTED [UNANIMOUS] (3:48:26) N MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 0 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack o m 7E. City Clerk 'c Designation of Voting Delegate and Alternate Voting Delegate to National League of Cities Annual Congress of Cities November 28 - December 1, 2012 in Boston, Massachusetts 0 U Motion: Designate Council Member Kelley as the voting delegate to the 2012 National League of Cities Annual Congress of Cities in Boston N Massachusetts,with no utilization of City funds. s rn i RESULT: ADOPTED [6 TO 1] R MOVER: Chas A. Kelley, Council Member,Ward 5 (3:52:18) SECONDER: Virginia Marquez, Council Member, Ward 1 (3:53:58) d AYES: Marquez,Jenkins, Shorett, Kelley, Johnson,McCammack fr. NAYS: John Valdivia N 0 N N 7F. Civil Service Personnel Actions -Classified d E Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [5 TO 21 (3:57:39) MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez,Jenkins,Kelley,Johnson, McCammack ® NAYS: John Valdivia,Fred Shorett Mayor and Common Council of the City of San Bernardino Page 7 ,,, Packet Pg.44 S.B.b Joint Regular Meeting Minutes October 15, 2012 7G. Finance Presentation on Financial Management Submitted into the record was a document titled, Financial Management, Mayor and Common Council, October 15, 2012, Presented By: Michael Busch, Urban Futures, Inc. Motion: Receive and File Presentation regarding Financial Management from the City Manager and Finance Department. RESULT: ADOPTED [UNANIMOUS) MOVER: Wendy J. McCammack, Council Member,Ward 7 N SECONDER: Chas A. Kelley,Council Member,Ward 5 N AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack a 0 U Public Comments: Paul Sanborn, San Bernardino, CA (Mr. Sanborn waived his right to speak prior to the d vote being taken.) He submitted into the record the following documents: 'c latimes.com—Rampant recycling fraud is draining California cash, and Bar Stool Economics. ' 0 U 0 7H. Human Resources N Personnel Actions—Unclassified z m Motion: To pull personnel action #s 4, 5, and 6 out separately and approve the others (#s 1,2, 3 and 7). o Note: The Mayor and other Council members misinterpreted Council Member W McCammack's motion and voted only to pull and separate out#s 4, 5, and 6. N r O - - N RESULT: ADOPTED [5 TO 21 MOVER: Wendy J. McCammack,Council Member,Ward 7 (4:14:54) ° SECONDER: Robert D. Jenkins, Council Member, Ward 2 (4:17:06) v E AYES: Marquez, Jenkins Kelley, Johnson McCammack Y� NAYS: John Valdivia,Fred Shorett a Note: Subsequently, Council Member McCammack clarified that her motion had included approval of personnel action #s 1, 2, 3 and 7 and, therefore, changed her vote to a"no." Motion: Approve unclassified personnel action #s 1, 2, 3, and 7, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. Mayor and Common Council of the City of San Bernardino Page 8 PacketPg.45 5.B.b Joint Regular Meeting Minutes October 15, 2012 RESULT: ADOPTED 15 TO 21 MOVER: Chas A. Kelley, Council Member,Ward 5 (4:19:34) SECONDER: Wendy J. McCammack, Council Member,Ward 7 (4:21:25) AYES: Marquez,Jenkins,Kelley, Johnson,McCammack NAYS: John Valdivia,Fred Shorett 7I. Human Resources Update of Job Description for the Parks, Recreation and Community Services Department—Project Manager Community Services N r Motion: Approve the job description as proposed. N v a RESULT: ADOPTED [6 TO 11 (4:22:01) 2 MOVER: Chas A. Kelley, Council Member, Ward 5 0 SECONDER: Rikke Van Johnson, Council Member, Ward 6 v AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack 'c NAYS: John Valdivia � U c J O U 7J. Human Resources o Update of Job Descriptions for the Police Department — Security Guard and Security N Officer s Motion: Approve the job descriptions for Security Guard and Security Officer, as proposed. o RESULT: ADOPTED [UNANIMOUS] (423:15) MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward 1 I N AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N 0 7K Library c Request from the Library Board of Trustees to Amend the Proposed Library Pre- Pendency Plan to Provide for the Operation of All Three Branch Libraries for a Period ° Not to Exceed Four Months at a Cost Not to Exceed $100,000 a Council Member McCammack made a motion, seconded by Council Member Kelley, to Amend the proposed Library Pre-Pendency Plan to reflect the sum of$150,000 returned to the Library budget Account No. 104-470-0064 for the purpose of operating the Rowe, Villasenor and Ingram Branch Libraries for a period of six months or until the branch(s) become self-sustaining, whichever occurs first. ® Council Member Shorett made a substitute motion, seconded by Council Member Valdivia, to accept the original proposal of the Pre-Pendency Plan, closing all three branch libraries by December 1,2012. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 46 5.B.b Joint Regular Meeting Minutes October 15, 2012 Council Member Shorett rescinded his motion. Council Member Shorett made a substitute motion to amend the proposed Library Pre- Pendency Plan to reflect the sum of $100,000 returned to the Library budget for the purpose of operating the Rowe, Villaseiior and Ingram Branch Libraries for a period of four months (January 1, 2013) or until the branch(s) become self-sustaining, whichever occurs first. The motion died for lack of a second. Public Comments: N Dr. Milton Clark, President of the Library Board; o Shirley Harlan, San Bernardino, CA. 2 Motion: Accept the original proposal of the Pre-Pendency Plan, closing all three u branch libraries by December 1, 2012. N RESULT: FAILED [2 TO 51 (4:52:15) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 $ AYES: John Valdivia, Fred Shorett NAYS: Marquez, Jenkins, Kelley, Johnson, McCammack o N_ Motion: Amend the proposed Library Pre-Pendency Plan to reflect the sum of �- $150,000 returned to the Library budget Account No. 104-470-0064 for the 01 1 purpose of operating the Rowe, Villasefior and Ingram Branch Libraries for a o period of six months or until the branch(s) become self-sustaining, whichever occurs first. d rr RESULT: ADOPTED [5 TO 21 (4:57:08) MOVER: Wendy J. McCammack, Council Member, Ward 7 0 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez,Jenkins, Kelley, Johnson, McCammack o r NAYS: John Valdivia, Fred Shorett c E L U t6 7L. Police a RES. 2012-250 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Obligation and Expenditure of the Allocated 2011 Urban Area Security Initiative (UASI) SWAT Technology Upgrades Grant and Execution of a Memorandum of Understanding Between the City of San Bernardino and the City of Riverside Office of Emergency Management. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page Po Packet Pg. 47 5.B.b Joint Regular Meeting Minutes October 15, 2012 RESULT: ADOPTED [UNANIMOUS] (4:58:58) MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack 7M. Public Works Discussion on Waste Delivery Extension Note: This item was briefly discussed in conjunction with Agenda Item No. 6B. N 0 N Motion: Direct Staff to Negotiate to Extend and Expand Upon the two existing d Recycling Agreements with Burrtec and Republic on a Month-to-Month o Basis, subject to Mayor and Council approval, and Authorize the City p Manager to Give Notice to the County of San Bernardino of the City's N Intention Not to Extend the Waste Delivery Agreement(WDA). C_ r RESULT: ADOPTED [6 TO 11 (03:36:41) U C MOVER: Chas A. Kelley, Council Member,Ward 5 0 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Kelley,Johnson,McCammack M NAYS: Fred Shorett s rn i 7N. Public Works o RES. 2012-251 - Resolution of the City of San Bernardino Approving a Construction and Maintenance Agreement No. C13018 with Burlington Northern Santa Fe Railway X Company (BNSF) and the San Bernardino Associated Governments (SANBAG) for Construction of a Grade Separation at Palm Avenue Over the BNSF Railway (CIP N 0 Project No. SSO4-053). N City Attorney Penman stated he had an issue regarding the contract—that the ° indemnification language places a heavy burden on the City. E Motion: Adopt the Resolution. m RESULT: ADOPTED [UNANIMOUS] (4:59:58) a MOVER: Chas A. Kelley,Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 11 PacketPg. 48 5.B.b Joint Regular Meeting Minutes October 15, 2012 70. Public Works RES. 2012-252 Resolution of the City of San Bernardino Approving Amendment No. 6 to Agreement for Professional Services with AECOM Technical Services, Inc., to Provide Engineering Services for the Design of Old Waterman Canyon Bridge Repair (SS07-14). Council Member McCammack stated she would abstain on this item because AECOM is a business client. She left the Council Chambers and returned after the vote was taken. Motion: Adopt the Resolution. N RESULT: ADOPTED 15 TO 01 (5:05:20) o N MOVER: Rikke Van Johnson, Council Member,Ward 6 ; SECONDER: Chas A. Kelley, Council Member,Ward 5 0 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson o ABSTAIN: Wendy J. McCammack i AWAY: John Valdivia U C 7P. Public Works 'o RES. 2012-253 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual ° Purchase Order with Three Single Year Renewal Options to Applied LNG Technologies, N Inc., for Liquefied Natural Gas to be Utilized by the Public Works Department Fleet Division. ! Motion: Adopt the Resolution. ° d RESULT: ADOPTED [6 TO 01 (5:06:49) MOVER: Chas A. Kelley,Council Member, Ward 5 N SECONDER: Wendy J. McCammack, Council Member,Ward 7 N AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack AWAY: John Valdivia c d E s 7Q. Public Works m Resolution of the Mayor and Common Council of the City of San Bernardino a Authorizing the Finance Department to Issue a Request for Proposals for Custodial Services. Council Member Kelley made a motion to Adopt the Resolution. The motion died for lack of a second. Motion: To Table. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg.49 5.B.b Joint Regular Meeting Minutes October 15, 2012 RESULT: TABLED [4 TO 2] (5:07:56) MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Virginia Marquez, Robert D. Jenkins,Rikke Van Johnson,Wendy J. McCammack NAYS: Fred Shorett, Chas A. Kelley ABSENT: John Valdivia 7R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino N Authorizing the Finance Department to Issue a Request for Proposals for Parks N Maintenance and Landscape Maintenance Services. a 0 0 Public Comments: 0 Jesse Sandoval,Acting Parks Supervisor,Fontana, CA v George Swift, International Union of Operating Engineers City Attorney Penman stated he had declined to sign the resolution because Public Works is now attaching draft contracts to the resolutions. 0 U The mover and seconder of the motion agreed to include additional language in the o motion"to not include a draft contract" FA- Motion: Adopt the Resolution, with no inclusion of a draft contract. rn RESULT: FAILED [3 TO 41 (5:10:24) o MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: John Valdivia, Fred Shorett, Chas A. Kelley N NAYS: Virginia Marquez, Robert D. Jenkins,Rikke Van Johnson,Wendy J. o McCammack 0 c 8. 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 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY a OF SAN BERNARDINO 8A. Finance RES. 2012-254 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment Agency Authorizing the Execution of a Consultant Services Agreement Between Urban © Futures Incorporated and the City Acting as the Successor Agency to the San Bernardino Redevelopment Agency for Consultant Services. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 50 ~• Joint Regular Meeting Minutes October 15, 2012 RESULT: ADOPTED [6 TO 01 (05:37:18) MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Rikke Van Johnson,Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack ABSTAIN: John Valdivia 9. Public Comments on Items Not on the Agenda Rick Reyes, representing in-home care providers, spoke about IHSS care providers and a wage increase being negotiated with the County. He asked the Council for a resolution b supporting said wage increase. N m a Mike Potter asked about the protocol for council members'absence at meetings. U O Betty Jean Long spoke about the need to cut expenses and the need to stop spending money the City doesn't have; and announced her intention to run for mayor next year. r C Shirly Harlan, San Bernardino, CA, stated that the perception is that the Mayor and Council are privatizing many of the City's services; however, she believes that privatization always costs the residents more. She stated that there is a lack of consensus Z on the part of the Mayor and Council regarding what the vision for San Bernardino's 0 future really is. o Barbara Babcock, San Bernardino, CA, spoke in support of voting in general and expressed support for George Aguilar and John Futch and spoke against Neil Derry. Kathy Watson, San Bernardino, CA, asked how the City determines whether it is meeting the State's mandate for recycling diversion goals. Mayor Morris promised to 0 connect her with staff to discuss the goals. Er Robert Jenkins, Council member, spoke about his absence at the last council meeting in response to Mike Potter's inquiry. He also volunteered to relinquish his travel budget and N his medical premiums to help the City's budget. N Debbi Matley, member of the City's Parks and Recreation Commission, announced that o the Parks and Recreation Department needs craft supplies for children at the recreation centers, and also needs candy for Halloween festivities. E 10. Adjournment L U At 9:52 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 a to the Redevelopment Agency is scheduled for 1:30 p.m., Monday,November 5, 2012. GEORGEANN"GIGI"HANNA City Clerk By Linda Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 51