HomeMy WebLinkAbout05.B- City Clerk DOC M: 2316
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 03/18/2013
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s):
Subject:
Minutes of the Mayor and Common Council Meetings of November 5, 2012; November 19,
2012; and November 26, 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 November
5,2012;November 19,2012; and November 26,2012,as submitted.
Synopsis of Previous Council Action:
«Inert synopsis here>>
Background:
«Inert background here>>
Suaaortine Documents:
11-05-2012 Jt. Reg. (Draft)_gh (PDF)
11-19-2012 Jt. Reg. (Draft)_gh (PDF)
11-26-2012 Jt. Adj. Reg. (Draft)_gh (PDF)
Updated:3/6/2013 by Georgeann"Gigi"Hanna Packet Pg. 12
NOVEMBER 2 5 , 012
�f
MIN UTES �7
JT . REGULAR
MEETING
( DRAFT)
�7
City of of San Bernardino Mayor Patrick J. Morris
300 North "D" Street Council Members
San Bernardino, CA 92418 Robert Marquez
Robert D. Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
D. Chas A. Kelley
Rikke Ran Johnson
Wendy J. McCammack
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DRAFT MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL z°
OF THE CITY OF SAN BERNARDINO
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 'c
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING L
AS THE HOUSING AUTHORITY m
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NOVEMBER 5, 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. Morris at 1:36 p.m., Monday, November 5, 2012, in the
Council Chambers, 300 North"D" Street, San Bernardino, CA. 4
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Roll Call
Attendee Name Title Status Arrived E
Virginia Marquez Council Member,Ward 1 Present 1:30 p.m. m
Robert D. Jenkins . Council Member,Ward 2 Present 1:30 p.m. Q
John Valdivia Council Member,Ward 3 Present 1:30 p.m.
Fred Shorett Council Member,Ward 4 Present 1:30 p.m.
Chas A. Kelley Council Member,Ward 5 Present 1:30 p.m.
Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m.
Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m.
Patrick J. Morris Mayor Present 1:30 p.m.
James F. Penman City Attorney Present 1:30 p.m.
Georgeann "Gigi Hanna 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 Pagel
Packet Pg. 13
S.B.a
Joint Regular Meeting Minutes November 5, 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
Mil-
In The Matter of the Statement of Issues Against: Michael Billdt, OAH No.
2010120644.
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B. Conference with legal counsel - anticipated litigation - significant exposure to 0
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code
Section 54956.9: E
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Haddad v. City of San Bernardino, as Successor Agency; 0
Hillcrest Contracting;Repavement Contract;
Home Depot v. City of San Bernardino, as Successor Agency;
Tallman Family Building v. City of San Bernardino, as Successor Agency;
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United States Department of Housing and Urban Development v. City of San
Bernardino. M
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision(c) of Government Code Section 54956.9. !
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D. Closed Session-personnel -pursuant to Government Code Section 54957. o
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E. Closed session with Chief of Police on matters posing a threat to the security of �
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957. N
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F. Conference with labor negotiator - pursuant to Government Code Section o
54957.6:
Police Safety
Police Management
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Fire Safety
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Fire Management
Mid-Management
General
Management/Confidential
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Mayor and Common Council of the City of San Bernardino Page 2
5.B.a
Joint Regular Meeting Minutes November 5, 2012
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Lazard Harrison from Life Changing Ministries. The Pledge
of Allegiance was led by Councilman Shorett.
2. Appointments
There were no commission appointments.
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3. Presentations N
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3A. Certificates of Commendation -- Miss Cardinal 2012-13 and Court -- Council
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Member Jenkins E
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Council Member Jenkins recognized San Bernardino High School's Miss Cardinal City o
Sandra Castro and Miss Cardinal City Princesses Brianda Chavez, Stephany Lopez (not Z
present), Kenia Garcia, and Jessica Negrette.
3B. Resolution -- Pastor Percy Harper -- 84th Church Anniversary of St. Mark
Missionary Baptist Church --Council Member Valdivia
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3C. Resolutions -- San Bernardino Resident Partnerships -- Council Member
McCammack M
Resolutions of Commendation were presented to Susan Kitchen, Executive Assistant of N
the San Bernardino Area Chamber of Commerce, and Joe Vigil, City Crossing Guard for
30 years, for their dedicated service to the City of San Bernardino.
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3D. Chamber of Commerce Announcements-Jim Gerstenslager
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4. Announcements - Mayor, Members of the Common Council, and
Elected Officials o
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5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
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Motion: Waive full reading of resolutions and ordinances on the joint regular
agenda dated November 5, 2012. a
RESULT: ADOPTED [UNANIMOUS] 00:55:271
MOVER: Robert D. Jenkins, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
i AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
'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 3
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S.B.a
Joint Regular Meeting Minutes November 5, 2012
6. Public Hearings
6A. Community Development
Ordinance of the City of San Bernardino to Amend Title 19 of the San Bernardino
Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino
Development Code, to Bring the Development Code into Compliance with Certain State
Laws and the San Bernardino General Plan, to Add Land Use Definitions and Amend
Development and Administration Processes Standards Within the Development Code.
(FIRST READING)
Mayor Moms opened the hearing. N
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No public comments were received.
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Motion: Close the hearing; and lay over Ordinance for final adoption. o
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RESULT: FIRST READING [6 TO 01 Next: 11/19/2012 1:30 PM
MOVER: Robert D. Jenkins, Council Member,Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4 c
[7ATA SMa rquez, Jenkins, Valdivia, Shorett, Kelley, Johnson
IN: Wendy J. McCammack 00:56:37
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7. Staff Reports M
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7A. City Mana¢er °
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RES. 2012-255—Resolution of the Mayor and Common Council Authorizing the Mayor @
on Behalf of the City Council to Request a Proposal from the San Bernardino County o
Sheriff's Department for the Provision of Law Enforcement Services and Authorizing the m
Interim City Manager to Coordinate with the Sheriffs Department to Provide the
Information Required to Formulate the Proposal.
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Submitted into the record and distributed to the Mayor and Council was Opinion No. 12- N
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2 addressed to Andrea M. Travis-Miller, Interim City Manager, from James F. Penman, 9
City Attorney, dated November 5, 2012, regarding Obligations and authority of City
Manager and Director of Finance to act independently of Mayor and Council to address
City's financial condition. E
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Council Member Jenkins submitted into the record and distributed to the Mayor and a
Council a document titled, "City of Rancho Cucamonga, California, Fiscal Year 2012/13
Adopted Budget.
Staff advised that on page 1, line 9 of the proposed resolution, 2011-12 should have read
2012-13, and on line 22,the word "of' should be deleted.
Mayor and Common Council of the City of San Bernardino Page 4
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5.B.a
Joint Regular Meeting Minutes November 5, 2012
Public Comments:
Paul Sanborn, San Bernardino, CA
Glenn O'Neal, Highland, CA
Betty Jean Long, San Bernardino,CA
Rich Everett, San Bernardino City police officer
Steve Turner, President of SBPOA
Michele Mahan, San Bernardino City police officer
Jeffrey Frisch, San Bernardino City police officer
John Marini, San Bernardino City firefighter
Ron Coats, San Bernardino, CA
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Roger Handerson, San Bernardino,CA o
Cheryl Brown, San Bernardino,CA N
Robert Cravens, City employee '
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Phil Savage, San Bernardino, CA v
Draymond Crawford, San Bernardino, CA 0
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Steve Tracy, San Bernardino City firefighter
Juan Figueroa, San Bernardino, CA d
Francisco Hernandez, San Bernardino City police officer
Josh Simpson, San Bernardino City police detective
Jim Smith, San Bernardino, CA
Debbi Malley, San Bernardino, CA 3
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Tim Prince, San Bernardino, CA
Mary Yanez, San Bernardino City police officer
Roy Ferguson, San Bernardino, CA N
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Motion: Refer the matter to the Public Safety Ad Hoe Committee.
RESULT: FAILED [3 TO 41 04:12:10 0
MOVER: Chas A. Kelley, Council Member, Ward 5 m
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SECONDER: John Valdivia, Council Member, Ward 3
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley I N
NAYS: Virginia Marquez,Fred Shorett,Rikke Van Johnson,Wendy J. McCammack N
Motion: Continue to Tuesday, November 6, 2012, at 5 p.m. to give the Chief of
Police and the Assistant Chief of Police an opportunity to address the
matter. 0
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RESULT: FAILED 13 TO 41 04:28:34
MOVER: Robert D. Jenkins, Council Member, Ward 2 a
SECONDER: Chas A. Kelley, Council Member, Ward 5
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley
NAYS: Virginia Marquez,Fred Shorett, Rikke Van Johnson, Wendy J. McCammack
® Motion: Adopt the Resolution, as revised.
Mayor and Common Council of the City of San Bernardino Page 5
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S.B.a
Joint Regular Meeting Minutes November 5, 2012
RESULT: ADOPTED [4 TO 31 04:33:35
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Rikke Van Johnson, Council Member,Ward 6
AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack
NAYS: Robert D.Jenkins,John Valdivia, Chas A. Kelley
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7B. Civil Service
Personnel Actions-Classified
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Council Member McCammack made a motion, seconded by Council Member Shorett, to N
approve the classified personnel actions (revised 1115112), as submitted by the Chief E
Examiner, in accordance with Civil Service rules and Personnel policies adopted by the
Mayor and Common Council of the City of San Bernardino. o
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Council Member Shorett subsequently withdrew his second. d
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Motion: Approve classified personnel action items 1-3 and 28 (revised 1115112), as
submitted by the Chief Examiner, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the o
City of San Bernardino. v
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RESULT: ADOPTED 14 TO 3] 04:53:10 M
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MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Robert D. Jenkins, Council Member, Ward 2 °
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley,Wendy J. McCammack
NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson °
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Motion: Approve the classified personnel action items 4-27 and 29 (revised
1115112), as submitted by the Chief Examiner, in accordance with Civil N
Service rules and Personnel policies adopted by the Mayor and Common o
Council of the City of San Bernardino.
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RESULT: ADOPTED [UNANIMOUS] 04:54:07
MOVER: Wendy J. McCammack,Council Member,Ward 7 E
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack =°
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7C. Community Development
Direct the Community Development Director to Issue Request for Proposals for Discing
and Mowing of Vacant Properties for Weed Abatement Services
Motion: Direct the Community Development Director to Issue "Request for
Proposals for Discing and Mowing of Vacant Properties for Weed
Abatement Services" Forthwith Including the Approval and
Implementation of the Timeline Discussed in the Staff Report.
Mayor and Common Council of the City of San Bernardino Page 6
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5.B.a
Joint Regular Meeting Minutes November 5, 2012
RESULT: ADOPTED [UNANIMOUS] 04:55:02
MOVER: John Valdivia, Council Member,Ward 3
SECONDER: Virginia Marquez,Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack
7D. Human Resources
Personnel Actions -Unclassified
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Public Comments:
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Tim Prince, San Bernardino, CA ;
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Motion: Approve the unclassified personnel actions, as submitted by the Acting
Director of Human Resources, in accordance with City policies and z°
procedures.
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RESULT: ADOPTED [6 TO 11 04:55:58 c
MOVER: Robert D. Jenkins, Council Member, Ward 2
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Kelley,Johnson,McCammack °
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NAYS: Fred Shorett
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7E. Parks,Recreation & Community Services m
RES. 2012-256 — Resolution of the Mayor and Common Council of the City of San x
Bernardino Disclaiming and Waiving Any Interest in the Property Located at Palm Lane
and Monterey Avenue, San Bernardino (APN 0279-042-12) Owned by the County of San 0
Bernardino and Approving the County of San Bernardino's Conveyance of Said Property
to the San Bernardino City Unified School District.
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Council Member McCammack stated that she would be abstaining from this item as the N
San Bernardino City Unified School District is a client of her business. She left the
Council Chambers and returned after the vote was taken.
City Attorney Penman stated that he would be abstaining from this item because his wife �r
is a member of the Board of Trustees of the San Bernardino City Unified School District. E
He stated that the item had been signed off by Tom Clark, outside counsel. He left the R
Council Chambers and returned after the vote was taken.
Public Comments:
Dee Stoddard, President of the Friends of CID, San Bernardino, CA
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7
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s.B.a
Joint Regular Meeting Minutes November 5, 2012
RESULT: ADOPTED [6 TO 01 05:04:26
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson
ABSTAIN: Wendy J. McCammack
7F. Police
RES. 2012-257 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Authorizing the Obligation and Expenditure of the Walmart Foundation N
Grant in the Amount of$1,500.00 for the"Shop with a Cop" Christmas Event.
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Motion: Adopt the Resolution. d
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RESULT: ADOPTED [UNANIMOUS] 05:09:18 Z
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack
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7G. Public Works
Ordinance of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino �o
Municipal Code to Establish a 40 M.P.H. Speed Limit on Northpark Boulevard Between N
°-' Campus Parkway and Electric Avenue. (FIRST READING)
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Motion: Lay over Ordinance for final adoption.
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RESULT: FIRST READING [UNANIMOUS] Next: 11/19/2012 1:30 PM
MOVER: Chas A. Kelley, Council Member, Ward 5 05:10:31
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N
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7H. Public Works
RES. 2012-258 — Resolution of the City of San Bernardino Adopting the Five-Year
Capital Improvement Program(2012-2017) for Measure"P'Local Expenditures. E
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Motion 1: Adopt the Resolution with Exhibits "A" and"B". @
RESULT: ADOPTED [UNANIMOUS] 05:11:24
MOVER: Rikke Van Johnson,Council Member,Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Johnson, McCammack
ABSENT: Chas A. Kelley
Mayor and Common Council of the City of San Bernardino Page 8
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5.B.a
Joint Regular Meeting Minutes November 5, 2012
Council Member Shorett clarified that he did not have a conflict with the C I P project that
was listed on Exhibit"C".
Council Member Valdivia stated that he no longer had a conflict with SS07-003, but he
did have a conflict with SS12-001 and also with the following projects that he requested
be added due to the fact that he owns property in close proximity to those projects:
SSO4-150, SS12-001, SS12-002, SS13-007 and SS13-008. He left the Council Chambers
and returned after the vote was taken.
Motion: Adopt the Resolution with Exhibit"C". N
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RESULT: ADOPTED 15 TO 01
MOVER: Robert D. Jenkins, Council Member, Ward 2 E
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SECONDER: Rikke Van Johnson, Council Member, Ward 6 'o
AYES: Marquez, Jenkins, Shorett,Johnson, McCammack ?
ABSTAIN: John Valdivia d
ABSENT: Chas A. Kelley 'c
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7I. Public Works
RES. 2012-259 — Resolution of the Mayor and Common Council of the City of San 0
Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution .... m
Designating Certain Streets or Portions Thereof as through Highways..." and Declaring N
" that Revere Avenue is a through Highway from and Including Humbolt Avenue to r
Kendall Drive. W
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Motion: Adopt the Resolution. o
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RESULT: ADOPTED [UNANIMOUS] 05.23:52
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Virginia Marquez, Council Member,Ward 1 N
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AYES: Marquez, Jenkins,Valdivia, Shorett,Johnson, McCammack n
ABSENT: Chas A. Kelley °
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7J. Public Works s
RES. 2012-260 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Cajon Creek Storm Drainage Improvements - Credit and
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Reimbursement Agreement with the Calmat Company.
Motion: Adopt the Resolution.
Mayor and Common Coancil ojthe City ojSan Bernardino Page 9
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S.B.a
Joint Regular Meeting Minutes November 5, 2012
RESULT: ADOPTED [UNANIMOUS] 05:24:35
MOVER: Rikke Van Johnson, Council Member,Ward 6
SECONDER: Wendy J. McCammack, Council Member,Ward 7
AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson,McCammack
LABSENT: Chas A. Kelley
7K. Public Works
RES. 2012-261 — Resolution of the Mayor and Common Council of the City of San N
Bernardino Authorizing Execution of a Cooperative Agreement with the County of San o
Bernardino for Pedestrian Infrastructure Improvements Along Pacific Street from Perris
Hill Park to Glasgow Avenue. a
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Motion: Adopt the Resolution. z°
RESULT: ADOPTED [UNANIMOUS] 05:24:55 v
: MOVER: Robert D. Jenkins, Council Member, Ward 2 c'
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett,Johnson, McCammack 3
ABSENT: Chas A. Kelley 0
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8. Public Comments on Items Not on the Agenda N
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Jim Smith, San Bernardino, CA, announced that the Norton Air Force Base Museum °
will be accepting donations of any items related to the Norton Air Force Base from its
opening, 50 years ago, to its closure in 1994, every Thursday, beginning November 8, o
2012, from 10 a.m. to 2 p.m. He stated that if anyone was interested they could contact
Robert Edwards at 382-7303 or by visiting their website at nafbmuseum(&,gmail.com, or rY
they could also contact Kathryn Pritchett at 382-4100,Ext. 134.
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9. Adjournment
At 9:26 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,November 19,2012.
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GEORGEANN"GIGI"HANNA
City Clerk a
By
Linda Sutherland
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 10
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1
NOVEMBER 19 , 2012
f'
MINUTES
JT . REGULAR
MEETING
( DRAFT)
A
` R City of San Bernardino Mayor Patrick J. Morris
s 300 North "D" Street Council Members
S San Bernardino CA 92418 Virginia Marquez
;• Robert D. Jenkins
S3 http://www.sbcity.org John Valdivia
Fred Shorett
�o�nEtt rN j0� Chas A. Kelley
Rikke Van Johnson
Wendy J. McCammack
N
O
N
DRAFT MINUTES
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL z°
OF THE CITY OF SAN BERNARDINO
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
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AND M
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
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AS THE HOUSING AUTHORITY °
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MONDAY,NOVEMBER 19,2012 0
COUNCIL CHAMBERS Ch
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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 1:36 p.m., Monday, November 19, 2012, in the a
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. N
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Call to Order
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward I Present 1:30 p.m. d
Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. t
John Valdivia Council Member, Ward 3 Present 1:30 p.m.
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Fred Shorett Council Member, Ward 4 Present 1:30 p.m. C
Chas A. Kelley Council Member, Ward Present 1:30 p.m.
Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m.
Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m.
Patrick J. Morris Mayor Present 1:30 p.m.
James F. Penman City Attorney Present 1:30 p.m.
® Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m.
Andrea Travis-Miller City Manager . Present 1:30 p.m.
Mayor and Common Council oflhe City of San Bernardino Pagel
S.B.b
Joint Regular Meeting Minutes November 19, 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
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
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United States Department of Housing and Urban Development v. City of San w
Bernardino
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C. Conference with legal counsel - anticipated litigation - initiation of litigation - z
pursuant to subdivision(c) of Government Code Section 54956.9:
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City v. Doshi
City v. Golec
City v. Wells Fargo
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D. Closed Session-personnel-pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the security of N
public buildings or threat to the public's right of access to public services or
public facilities-pursuant to Government Code Section 54957. rni
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F. Conference with labor negotiator - pursuant to Government Code Section o
54957.6:
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Police Safety
Police Management N
Fire Safety C°
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Fire Management
Mid-Management
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General E
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Management/Confidential U
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Reading of Resolutions and Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on
the agenda.
Moment of Silence
�-- A moment of silence was observed in memory of Lieutenant Colonel Donald Cummings.
Mayor and Common Council of the City of San Bernardino Page 2
S.B.b
Joint Regular Meeting Minutes November 19, 2012
Invocation/Pledge of Allegiance
The invocation was given by Pastor John Frederick from Faith Bible Church. The Pledge of
Allegiance was led by Council Member Jenkins.
2. Appointments
There were no commission appointments.
3. Presentations
3A. Students of the Month -- Jacqueline Martinez, Senior at San Bernardino High
School and Jose Nuno, Senior at Pacific High School--Council Member Jenkins c
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3B. Chamber of Commerce Announcements -- In addition to announcements, Jim
Gerstenslager read into the record a letter to the Mayor and Common Council from d
the Chamber of Commerce z°
4. Announcements -- Mayor, Members of the Common Council, and
Elected Officials
During his announcements, City Attorney Penman introduced Steven Graham, who
recently passed the bar, and indicated that he would like the Council to take action to
appoint Mr. Graham to the position of Deputy City Attorney I, as a replacement fora 'o
Deputy City Attorney IV, who recently left the City. Please see Agenda Item Nos. 7B U
and 10A for the action taken.
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5. Consent Calendar
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5A. City Clerk
Waive Full Reading of Resolutions and Ordinances °
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Motion: Waive full reading of resolutions and ordinances on the joint regular
agenda dated November 19,2012. N
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RESULT: ADOPTED [UNANIMOUS] 01:49:24 t o
MOVER: Rikke Van Johnson,Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
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5B. Community Development
ORD. MC-1381 - Ordinance of the City of San Bernardino to Amend Title 19 of the San
Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San
Bernardino Development Code, to Bring the Development Code into Compliance with
Certain State Laws and the San Bernardino General Plan, to Add Land Use Definitions
® and Amend Development and Administration Processes Standards Within the
Development Code. (FINAL READING)
'Indicates timestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office
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Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS] 01:49:24
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack
5C. Public Works N
ORD. MC-1382 - Ordinance of the City of San Bernardino Amending Chapter 10.52 of N
the San Bernardino Municipal Code to Establish a 40 M.P.H. Speed Limit on Northpark
Boulevard Between Campus Parkway and Electric Avenue. (FINAL READING) d
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Motion: Adopt the Ordinance. z
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RESULT: ADOPTED [UNANIMOUS] 01:49:24
MOVER: Rikke Van Johnson, Council Member, Ward 6
SECONDER: Virginia Marquez, Council Member,Ward 1
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack o
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° 6. Public Hearings
6A. Public Works w
RES. 2012-262 - Resolution of the City of San Bernardino Changing the Name of Palm o`
Meadows Drive, East of Tippecanoe Avenue, to Central Avenue Within the Corporate
Limits of the City of San Bernardino.
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Mayor Morris opened the hearing. N
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No public comments were received.
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Motion: Close the hearing; and adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 02:08:21
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4 a
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack
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7. Staff Reports
7A. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino adopting
the Fiscal Year 2012/13 and Fiscal Year 2013/14 General Fund Budgets as revised by the
changes described in this report, which incorporate by reference the Pre-Pendency Plan
including the 9-Point Adjustment Plan adopted on September 5, 2012, and the revised
Fire Department adjustments adopted on October 1, 2012; and authorize the continuation
of the Fiscal Emergency through June 30, 2014, as adopted by Council Resolution
N o. 2012-205 of the Mayor and Common Council adopted on July 16, 2012; and
authorize the City Manager to appropriate 1/12 of the Fiscal Year 2010/11 operating c
budget per month through December 31, 2012. N
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Michael Busch, President, Urban Futures, stated that the City is faced with four critical E
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areas that were taken into consideration as his firm and staff worked through the 'o
development of the Pendency Plan, as follows: Z
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• Protection of the Health, Safety and Welfare of the Residents
• Budget Obligations—Improve the Liquidity of the City
• Position the City for the Future U
• Improve Budgetary Controls and Policies o
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Mr. Busch reviewed the material in the agenda back-up for the Council.
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Public Comments: t
Evelyn Alexander, San Bernardino, CA °
Deidre Rodriguez, San Bernardino Public Employees Association
Claudia Oakes, San Bernardino, CA o
Larry Sharp, San Bernardino, CA o
Stephen Johns,City employee, San Bernardino, CA
Steve Turner, San Bernardino Police Department,
Mike Potter, San Bernardino, CA N
Jim Smith, San Bernardino, CA N
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Motion: Continue to 3 p.m., Monday, November 26, 2012, in the Council
Chamber.
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RESULT: CONTINUED [6 TO 11 Next: 11/26/2012 3:00 PM
MOVER: Wendy J. McCammack, Council Member,Ward 7 a
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson,McCammack
NAYS: Fred Shorett 04:44:05
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7B. Civil Service
Personnel Actions—Classified
Council Member Jenkins made a motion, seconded by Council Member Valdivia, to add
the Unclassified personnel action, appointment of a Deputy City Attorney I, to the
Classified personnel actions. No vote was taken.
Substitute
Motion: To separate the Reduction in Force personnel actions, #sl-7 and #sl2-15
from the other personnel actions.
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RESULT: ADOPTED [UNANIMOUS] 01:04:5 N
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4 E
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack >
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Council Member McCammack made a motion, seconded by Council Member Jenkins, to
approve the Unclassified personnel action brought forward by City Attorney Penman, the
Fire Promotion personnel action#8, and the personnel action appointments#s 9-11. No
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vote was taken.
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.^ Council Member Johnson stated that he would like to see the Fire promotion pulled out
because this position is built into the Pendency Plan, and since it is dealing with a M
�. constant manning issue,he did not think it should be addressed at this time. =
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Amended
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Motion: To pull out the Fire promotion personnel action #8; and approve the o
Unclassified action and the personnel action appointments #9 through
#11.
RESULT: ADOPTED [6 TO 11 01:08:17 '
MOVER: Wendy J. McCammack, Council Member,Ward 7 N
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez,Jenkins, Valdivia,Kelley,Johnson, McCammack
NAYS: Fred Shorett c
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Motion: To approve the Fire Promotion personnel action#8 a
RESULT: ADOPTED [4 TO 31 01:09:52
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley,Wendy J. McCammack
NAYS: Virginia Marquez, Fred Shorett,Rikke Van Johnson
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Council Member Valdivia made a motion, seconded by Council Member Kelley, to
approve the Reduction in Force personnel action#s 1-7 and 12-15.
Public Comments:
Stephen Johns,City employee, San Bernardino, CA
Substitute
Motion: To approve personnel action#sl-5 and#sl2-15.
RESULT: ADOPTED [UNANIMOUS] 01.44:25
MOVER: Wendy J. McCammack, Council Member,Ward 7 a
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SECONDER: Robert D. Jenkins, Council Member,Ward 2 N
AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
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Motion: To table personnel actions #6 and #7, and have the City Manager work
with the department head and the City Attorney's office and make sure we
are doing everything in our power to manage this part of the City's
obligation to the County and to the State properly; and if there is a way, to
work with the Water Department to infuse some funds to double up on v
some of these responsibilities.
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MOVER: Wendy J. McCammack, Council Member,Ward 7 N
SECONDER: Robert D. Jenkins, Council Member,Ward 2
AYES: Marquez, Jenkins,Valdivia, Shorett, Johnson,McCammack
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NAYS: Chas A. Kelley
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7C. Community Development
Direct the Community Development Director to Issue "Request for Proposals for Board N
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Up Abatements-Various Locations" N
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Public Comments:
Draymond Crawford, City employee, San Bernardino, CA
Stephen Johns, City employee, San Bernardino, CA E
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Motion: Direct the Community Development Director to Issue "Request for a
Proposals for Board Up Abatements - Various Locations" Forthwith,
Including the Approval and Implementation of the Timeline Discussed in
the Request for Bid.
RESULT: ADOPTED [UNANIMOUS] 05:02:23
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
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AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack
Mayor and Common Council of the City of San Bernardino Page 7 -
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7D. Community Development
Direct the Community Development Director to Issue a Request for Proposals for
Contract Building Official
Motion: Direct the Community Development Director to Issue "Request for
Proposals for Contract Building Official" Forthwith Including the
Approval and Implementation of the Timeline Discussed in the Attached
Request for Proposals.
RESULT: ADOPTED [5 TO 21 05:20:09 _
MOVER: Chas A. Kelley, Council Member,Ward 5 N
SECONDER: Fred Shorett, Council Member, Ward 4 N
AYES: Marquez, Jenkins, Shorett, Kelley,Johnson
NAYS: John Valdivia, Wendy J. McCammack 0
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7E. Community Development
RES. 2012-275 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Consultant Services Agreement with
Transtech Engineers, Inc. for Interim Building Official Consultant Services.
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.� Council Member Kelley made a motion, seconded by Council Member Shorett, to Adopt
the Resolution. (The original resolution title was for an agreement between the City and N
JAS Pacific.) No vote was taken.
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Submitted into the record was a packet containing the following items:
• E-mail from Henry Empefio to Margo Wheeler and Lisa Sherrick dated o
November 15,2012, Subject: Resolution 2096 was Rejected
• Municipal Code Section 3.04.085, Services
• Interoffice Memorandum dated September 2, 2003, from Mayor Judith Valles to
Fred Wilson, City Administrator; Gary Van Osdel, Executive Director, EDA; All
City and EDA Department Heads, regarding Executive Order 2003-1, Local C°
Business Preference for Contractual Services
Also submitted into the record were copies of the bid proposals for Building Official
Services submitted by Transtech, dated November 6, 2012, and Willdan Engineering,
dated November 8, 2012.
Deputy City Attorney Empefio advised that JAS Pacific was a business located in a
Upland; however, two other local businesses had submitted proposals—Transtech and
Willdan Engineering—and spoke regarding the City's local bid preference policy. He
stated that staff had contacted Transtech and Willdan to see if they would match the bid
made by JAS Pacific. Transtech had stated that they would match the bid of JAS Pacific
of$95/hour. Willdan had advised that they could drop their price to $110/hour.
CSubstitute
Motion: To direct the City Manager to accept a modified proposal from Transtech
and adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 05:28:06
MOVER: Wendy J. McCammack, Council Member,Ward 7
SECONDER: Chas A. Kelley, Council Member,Ward 5
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack
7F. Council Office
Bankruptcy Pendency Items Relating to Public Safety (Police and Fire) Heard by the
Public Safety Ad Hoc Committee Prior to Going to Full Council for Recommendation
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Public Comments:
Evelyn Alexander, San Bernardino, CA
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Claudia Oakes, San Bernardino, CA
Larry Sharpe, San Bernardino, CA o
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All speakers expressed opposition due to pendency timelines.
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Motion: That any bankruptcy pendency items relating to public safety (Police and
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Fire) be heard by the Public Safety Ad Hoc Committee prior to going to
full council for recommendation. "u
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RESULT: FAILED [2 TO 51 05:31:32
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Chas A. Kelley, Council Member, Ward 5 N
AYES: John Valdivia, Chas A. Kelley rn
NAYS: Marquez,Jenkins, Shorett,Johnson, McCammack
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7G. Council Office
Elimination of the Call Center
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Motion: To Table. N
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RESULT: TABLED [UNANIMOUS] 05:52:49
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack .�
7H. Public Works
Approval of Amendments to Existing Agreements with Burrtec and Republic, and
Directing Staff to Draft Formal Written Amendments to be Approved by the Mayor and
Common Council
pJim Smith, Interim Director of Public Works, stated that staff had met with Burrtec and
Republic regarding amendment of the existing contracts for bringing trash to material
recovery facilities.
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City Attorney Penman advised that it is an amendment to current agreements and would
need to be adopted by resolutions.
Council Member Kelley made a motion, that the Council extend the agreements on a
month-to-month basis in a form acceptable to the City Attorney and authorize the City
Manager to negotiate with Burrtec and Republic to receive pricing for a five-year term.
Council Member McCammack asked the motion maker for an amendment to direct staff
to draft amendments to existing agreements with Burrtec and Republic consistent with
the parties intentions, on a month-to-month basis in a form and content acceptable to the
City Attorney and authorize the City Manager to negotiate with Burrtec and Republic to N
receive pricing for three, five, and ten-year terms, and bring back to the full Council for N
final approval. (Note: Following discussion, the pricing for a three-year term was
dropped.) d
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Amended Z
Motion: Direct Staff to Draft Amendments to Existing Agreements with Burrtec
and Republic, consistent with the parties' intentions, on a month-to-month
basis, in a form and content acceptable to the City Attorney, and authorize
the City Manager to negotiate with Burrtec and Republic to receive -
pricing for five-year and ten-year terms and bring them back to the Mayor r
and Common Council for final approval. 0
O RESULT: ADOPTED [UNANIMOUS] 05:56:30 M
MOVER: Wendy J. McCammack, Council Member, Ward 7
SECONDER: Chas A. Kelley, Council Member,Ward 5
i AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack m
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7I. Public Works
RES. 2012-276 - Resolution of the City of San Bernardino Authorizing Execution of a N
Cooperative Agreement with the County of San Bernardino for Citrus Street and Sterling N
Avenue Storm Drain Improvements. o
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 06:01:30
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Wendy J. McCammack, Council Member,Ward 7 a
AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack
7J. Public Works
RES. 2012-277 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving an Agreement with MCM Construction, hic., for a Design and
k- Build Project to Remove Existing Shoring and Install Replacement Temporary Shoring
for Mount Vernon Avenue Overcrossing at the BNSF Yards (Bridge No. 54C-0066).
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS1 06:02:02
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: John Valdivia, Council Member,Ward 3
AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack
8. Mayor and Common Council Acting as the Successor Agency to the
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Redevelopment Agency N
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8A. City Manaeer E
RES. 2012-263 - Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the z°
Redevelopment Agency of the City of San Bernardino Approving a Short Sale and
Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants
Relating to Real Property Located at 1460 Kendall Drive, #48, San Bernardino, 'c
California.
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Motion: Adopt the Resolution, subject to confirmation and approval of special 'o
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. M
RESULT: ADOPTED [6 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member, Ward 5
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SECONDER: Fred Shorett, Council Member, Ward 4
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AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack
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NAYS: John Valdivia
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8B. City Manazer N
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RES. 2012-264 - Resolution of the Mayor and Common Council of the City of San r
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving a Short Sale and d
Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants s
Relating to Real Property Located at 5585 Aster Street, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action.
Mayor and Common Council of the City of San Bernardino Page 11 mom
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RESULT: ADOPTED 16 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack
NAYS: John Valdivia
8C. City Mana¢er
RES. 2012-265 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Serving in Its Capacity as the Successor Housing Agency to the N
Redevelopment Agency of the City of San Bernardino Approving a Short Sale and
Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants
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Relating to Real Property Located at 808 West 26th Street, San Bernardino, California.
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Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. c
RESULT: ADOPTED [6 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member, Ward 5
® SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack M
NAYS: John Valdivia
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8D. City Mana¢er °
RES. 2012-266 - Resolution of the Mayor and Common Council of the City of San ,m
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a w
Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real c
Property Located at 2813 Crescent Avenue, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. E
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RESULT: ADOPTED [6 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member, Ward 5
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SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins, Shorett,Kelley,Johnson, McCammack
NAYS: John Valdivia
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8E. City Manager
RES. 2012-267 - Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a
Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real
Property Located at 3395 North Mayfield, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action.
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RESULT: ADOPTED [6 TO 11 02:09:16 N
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MOVER: Chas A. Kelley, Council Member,Ward 5 a
SECONDER: Fred Shorett, Council Member, Ward 4 E
AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCamack 0
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NAYS: John Valdivia
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8F. City Manager
RES. 2012-268 — A Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a r,
® Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real
Property Located at 3248 Greystone Road, San Bernardino, California. N
Motion: Adopt the Resolution, subject to confirmation and approval of special s
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. o
RESULT: ADOPTED [6 TO 11 02:09:16
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MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4 N
AYES: Marquez, Jenkins, Shorett,Kelley,Johnson,McCammack N
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NAYS: John Valdivia
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8G. City Manager
E
RES. 2012-269 - Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the =°
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a a
Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real
Property Located at 3577 Wall Avenue, San Bernardino,California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action.
Mayor and Common Council of the City of San Bernardino Page 13
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RESULT: ADOPTED [6 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack
NAYS: John Valdivia
8H. City Manager
RES. 2012-270 - Resolution of the Mayor and Common Council of the City of San N
Bernardino Serving in Its Capacity as the Successor Housing Agency to the o
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a
Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real 9
Property Located at 5904 Robin Road, San Bernardino, California. E
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Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. 'c
RESULT: ADOPTED [6 TO 11 02:09:16
MOVER: Chas A. Kelley, Council Member,Ward 5 00
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack M
NAYS: John Valdivia N
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8I. City Manager °
RES. 2012-271 - Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Subordination of a
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Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real o
Property Located at 597 East 29th Street, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action. B
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RESULT: ADOPTED [6 TO 11 02:09:16 a
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack
NAYS: John Valdivia
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8J. City Manager
RES. 2012-272 - Resolution of the Mayor and Common Council of the City of San
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Termination and
Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real
Property Located at 218 East Temple Street, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action.
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RESULT: ADOPTED [6 TO 11 02:09:16 C°,
MOVER: Chas A. Kelley, Council Member,Ward 5 a
SECONDER: Fred Shorett,Council Member, Ward 4 E
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AYES: Marquez,Jenkins, Shorett,Kelley, Johnson, McCammack 0
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NAYS: John Valdivia
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8K. City Manager —
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RES. 2012-273 - Resolution of the Mayor and Common Council of the City of San ;
Bernardino Serving in Its Capacity as the Successor Housing Agency to the 0
® Redevelopment Agency of the City of San Bernardino Approving the Termination and
Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real M
Property Located at 3456 North Sierra Way, San Bernardino, California.
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Motion: Adopt the Resolution, subject to confirmation and approval of special x
counsel Tom Clark that the Mayor and Common Council have the legal o
authority to take this action.
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RESULT: ADOPTED [6 TO 1] 02:09:16
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4 N
AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack
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NAYS: John Valdivia
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8L. City Manager 4
RES. 2012-274 - Resolution of the Mayor and Common Council of the City of San a
Bernardino Serving in Its Capacity as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino Approving the Termination and
Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real
Property Located at 4905 Lakewood Drive, San Bernardino, California.
Motion: Adopt the Resolution, subject to confirmation and approval of special
counsel Tom Clark that the Mayor and Common Council have the legal
authority to take this action.
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RESULT: ADOPTED [6 TO 11
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Fred Shorett, Council Member,Ward 4
AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack
NAYS: John Valdivia
9. Public Comments on Items Not on the Agenda
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Betty Jean Long, San Bernardino, CA, announced her race for mayor and said she'd be a
happy to help the Council with the budget if they needed it. E
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Barbara Babcock, spoke about spending less on things we don't need and wished Z
everyone a Happy Thanksgiving.
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10. New Business
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10A. Unclassified Personnel Action - Appointment of Steven Graham to the position of U
® Deputy City Attorney I o
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Submitted into the record by Jolena Grider, Senior Assistant City Attorney, dated s
11/19/2012, was a Request for Council Action for the appointment of Steven Graham as
a Deputy City Attorney I in the City Attorney's office.
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Motion: That the matter arose subsequent to the posting of the agenda.
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RESULT: ADOPTED [6 TO 11 01:00:02
MOVER: Chas A. Kelley, Council Member,Ward 5
SECONDER: Wendy J. McCammack, Council Member,Ward 7
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AYES: Marquez,Jenkins,Valdivia, Kelley, Johnson, McCammack
NAYS: Fred Shorett
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Note: See Agenda Item No. 7B for the actual motion that approved the appointment of v
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11. Adjournment
At 9:25 p.m. the meeting adjourned to 3:00 p.m., Monday, November 26, 2012, in the
Council Chambers.
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, December 3, 2012, in the Council Chambers of City
Hall, 300 North"D" Street, San Bernardino, California.
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GEORGEANN"GIGI"HANNA N
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City Clerk
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Linda E. Hartzel
Deputy City Clerk
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NOVEMBER 26 , 2012
MINUTES
JTm ADJ .
REGULAR
MEETING
( DRAFT)
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} City of San Bernardino Mayor Patrick J. Morris
SP 300 North "D" Street Council Members
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San Bernardino, CA 92418 Virginia Mar Robert D. Jenkins
http://www.sbcity.org John Valdivia
Fred Shorett
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Rikke Van Johnson
Wendy J. McCammack a
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DRAFT MINUTES e
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JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL Z
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
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY �o
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MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY x
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NOVEMBER 26,2012
COUNCIL CHAMBERS
The joint adjourned regular meeting of the Mayor and Common Council of the City of San a
Bernardino was called to order by Mayor Patrick J. Morris at 3:30 p.m., Monday, November 26, N
2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. c
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Roll Call N
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 3:00 p.m.
Robert D. Jenkins Council Member, Ward 2 Present 3:00 p.m. v
John Valdivia Council Member, Ward 3 Present 3:00 p.m. a
Fred Shorett Council Member, Ward 4 Present 3:00 p.m.
Chas A. Kelley Council Member, Ward 5 Present 3:00 p.m.
Rikke Van Johnson Council Member, Ward 6 Present 3:00 p.m.
Wendy J. McCammack Council Member, Ward 7 Present 3:00 p.m.
Patrick J. Morris Mayor Present 3:00 p.m.
James F. Penman City Attorney Present 1 3:00 p.m.
Georgeann "Gigi" Hanna City Clerk Present 1 3:00 p.m.
Andrea Travis-Miller City Manager Present 3:00 p.m.
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Joint Adjourned Regular Meeting Minutes November 26, 2012
1. Closed Session - Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation -pursuant to Government Code
Section 54956.9(a):
In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006
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B. Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N
Section 54956.9. N
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C. Conference with legal counsel - anticipated litigation - initiation of litigation -
pursuant to subdivision(c)of Government Code Section 54956.9.
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D. Closed Session -personnel -pursuant to Government Code Section 54957.
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E. Closed session with Chief of Police on matters posing a threat to the security of
public buildings or threat to the public's right of access to public services or
public facilities -pursuant to Government Code Section 54957.
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F. Conference with labor negotiator - pursuant to Government Code Section Q
54957.6:
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Police Management
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Fire Safety
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Mid-Management W
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G. Conference with real property negotiator - pursuant to Government Code Section
54956.8. N
Reading of Resolutions and Ordinances v
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances c
on the agenda. R
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Pledge of Allegiance
The Pledge of Allegiance was led by Council Member McCammack.
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Joint Adjourned Regular Meeting Minutes November 26, 2012
2. Open Session
2A. City Manaeer
RES. 2012-278 — Resolution of the Mayor and Common Council of the City of San
Bernardino adopting the Fiscal Year 2012/13 and Fiscal Year 2013/14 General Fund
Budgets as revised by the changes described in this report, which incorporate by
reference the Pre-Pendency Plan including the 9-Point Adjustment Plan adopted on
September 5, 2012, and the revised Fire Department adjustments adopted on October 1,
2012; and authorize the continuation of the Fiscal Emergency through June 30, 2014, as _
adopted by Council Resolution N o. 2012-205 of the Mayor and Common Council N
adopted on July 16, 2012; and authorize the City Manager to appropriate 1/12 of the N
Fiscal Year 2010/11 operating budget per month through December 31,2012. a
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City Attorney Penman stated that a number of the City's creditors have received an 'o
advertisement from a company that is seeking employment with those creditors and the Z
company is offering to pay 55 percent of the current amounts the City owes these debtors
for goods delivered and received. He stated that anyone who receives this particular
advertisement should be very cautious about entering into any such agreement and should
seek legal advice. g
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The following documents were distributed to the Mayor and members of the Council and 0
submitted into the record: "City of San Bernardino, California, Pendency Plan, FY 2012-
-. 13 Base Year," dated 11/26/2012 Revised; and"Pendency Plan, City of San Bernardino," M
dated November 26,2012.
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Andrea Travis-Miller, Acting City Manager, reviewed the revisions that had been made
to the Pendency Plan on pages 5, 6, 8, and 10-12, which were noted in red. She advised m
that there was an error on page 5, in that the amount of Salary, Wages, and Benefits °
Balancing Measures should have read $25,980,742.
Council Member McCammack requested that the words "on all shifts" be added on page a
5 at the end of item#4, and on page 10,at the end of item#6.
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Ms. Travis-Miller stated that the document could be found on the City's website as a N
redline version and once the Council takes action this evening, staff will update the N
document so it will become the final document and will be presented to the Council as a
line item budget.
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She stated that the Water Department has requested that they have their own PERS E
account and that is being explored at this rime.
Public Comments:
Ron Coats, San Bernardino, CA
Brent Berkompas, City Fire Department employee, San Bernardino, CA
Hans Vandertouw, San Bernardino, CA
Council Member Shorett made a motion, seconded by Council member Johnson, to adopt
the resolution. No vote was taken.
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Joint Adjourned Regular Meeting Minutes November 26, 2012
Council Member McCammack suggested that the motion be amended to include: starting
with the meeting of December 17, 2012, provide a once-a-month agenda item as a
progress report of how close we are sticking to the Pendency Plan, which then becomes
an ongoing update to the July 9, 2012, Budgetary Analysis and Recommendations for
Budget Stabilization document.
Staff advised that an additional revision needed to be made on page 3 of the Pendency
Plan dated November 26, 2012, under the heading "Pendency Plan," in the second
paragraph, placing a period after the word "Budget" and deleting the remainder of that N
sentence. o
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Council Members Shorett and Johnson agreed to the amendment made by Council
Member McCammack and all the revisions that had previously been discussed.
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Motion: Adopt the Resolution; and starting with the meeting of December 17,
2012, agendize and present a monthly progress report to the Council, d
using the July 9, 2012, Budgetary Analysis and Recommendations for
Budget Stabilization document as the foundation for revision or update.
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RESULT: ADOPTED [5 TO 2] 00:40:20 ' 0
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Rikke Van Johnson, Council Member,Ward 6 I N
AYES: Marquez, Jenkins, Shorett, Johnson,McCammack
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NAYS: John Valdivia, Chas A. Kelley rn
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3. Public Comments on Items Not on the Agenda
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Roger Henderson, San Bernardino, CA, spoke about how The Sun has failed the City as v
a local newspaper and he agreed with Mr. Penman's advice to "go home, lock your doors, a
and load the gun." N
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Ron Coats, San Bernardino, CA, thanked the Council for making the tough choice and
spoke against sick leave payouts to retirees. N
Betty Jean Long, San Bernardino, CA, stated that the elected officials in the City of San
Bernardino are thieves and liars and are neglecting their jobs. t
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Jim Smith, San Bernardino, CA, congratulated the Council on moving the Pendency a
Plan forward and commended Council Member McCammack for her comments.
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Joint Adjourned Regular Meeting Minutes November 26, 2012
4. Adjournment
At 5:02 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, December 3, 2012.
GEORGEANN"GIGI"HANNA
City Clerk
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Linda Sutherland E
Deputy City Clerk o
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