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HomeMy WebLinkAbout05.C- City Clerk DOC ID: 2317 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION V 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 January 7, 2013; January 10, 2013; January 22,2013; January 24, 2013; and January 28, 2013 Current Business Registration Certificate: Not Applicable Financial Impact: No cost to City Motion: Approve the minutes of the Mayor and Common Council meetings of January 7, 2013; January 10, 2013; January 22, 2013; January 24, 2013; and January 28, 2013, as submitted. Synopsis of Previous Council Action: «Inert synopsis here>> Background: «Insert background here>> Supporting Documents: 01-07-2013 Jt. Reg. (Draft)_gh (PDF) 01-10-2013 Jt. Adj. Regular(Draft)—gh (PDF) 01-22-2013 Jt. Reg. (Draft)_gh (PDF) 01-24-2013 Jt. Adj. Reg. (Draft)_gh (PDF) 01-28-2013 Jt. Adj. Reg. Special (Draft)_gh (PDF) Updated:3/7/2013 by Georgeann"Gigi"Hanna Packet Pg. 45 JANUARY 7 , 2013 �� MINUTES JT . REGULAR MEETING ( DRAFT ) ` City of San Bernardino 1:36Mayor 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 M O N DRAFT MINUTES r JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO v 3 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY – U C 3 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY r AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,JANUARY 7,2013 ° COUNCIL CHAMBER m The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was M called to order by Mayor Patrick J. Morris at 1:00 p.m.,Monday, January 7, 2013, in the Council c Chamber, 300 North "D" Street, San Bernardino, California. 0 Roll Call C Attendee Name Title Status Arrived E Virginia Marquez �' Council Member, Ward 1 Present 1:00 P.M. Robert D. Jenkins Council Member, Ward 2 Present 1:00 P.M. =° John Valdivia Council Member, Ward 3 Present 1:00 P.M. a Fred Shorett Council Member, Ward 4 Present 1:00 p.m. Chas A. Kelley Council Member,Ward 5 Present 1:36 p.m. Rikke Van Johnson_ Council Member, Ward 6 Absent Wendy J. McCammack- _Council Member, Ward 7 Present 1—:00 P.M. Patrick J. Morris Mayor Present 1:00 P.M. James F. Penman City Attorney Present 1:00 P.M. Georgeann "Gigi" Hanna City Clerk Present 1:00 P.M. Andrea Travis-Miller City Manager Present 1:00 P.M. Mayor and Common Council ojthe City of San Bernardino Page 1 PacketPg.46 5.C.a Joint Regular Meeting Minutes January 7, 2013 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- 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. M 0 N C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c)of Government Code Section 54956.9: M City of San Bernardino v. Dominguez N d D. Closed Session-personnel-pursuant to Government Code Section 54957: l Item U C E. Closed session with Chief of Police on matters posing a threat to the security of 0 public buildings or threat to the public's right of access to public services or r Qpublic facilities-pursuant to Government Code Section 54957. M F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Police Safety ° Police Management Fire Safety Fire Management M Middle Management o General ' Management/Confidential ° 0 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. E U City Attorney Penman announced that the following additional item would be discussed a in closed session under Agenda Item No. 1 D,Personnel: City Manager position and Director of Finance position. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 47 5.C.a Joint Regular Meeting Minutes January 7, 2013 Moment of Silence Mayor Morris requested a moment of silence in memory of former City employees Arturo Diaz and Roger Edmonds. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams from The Rock Church. The Pledge of Allegiance was led by Council Member Kelley. 2. Appointments M 2A. Mayor's Office o Appointment of Stacey Gibson to the Human Relations Commission - Council Member Robert Jenkins 0 Motion: Approve the appointment of Stacey Gibson to the Human Relations Commission as requested by Council Member Robert Jenkins. d RESULT: ADOPTED [UNANIMOUS] 00:09:41 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: John Valdivia, Council Member,Ward 3 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack 0 ® ABSENT: Rikke Van Johnson M 3. Presentations m i 3A. Certificates of Commendation — George Finkle Ho Ho Parade Coordinators Vicki 2 Cervantes and Christopher Nigg— Council Member Jenkins o d 3B. Chamber of Commerce Announcements-Ron Coats M r O 4. Announcements - Mayor, Members of the Common Council, and n Elected Officials ° Acting City Manager Andrea Travis-Miller distributed a document titled, Purchase Order ° Report, Summary Listing of Purchase Orders Issued - $24,999 and less, Date Range 07/01/12—01/07/13. E U t6 5. Consent Calendar a 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated January 7, 2013. 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 Packet Pg. 48 S.C.a Joint Regular Meeting Minutes January 7, 2013 RESULT: ADOPTED [UNANIMOUS] 00:56:54 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson 6. Staff Reports 6A. City Attorney Request to Continue Approval of Contract with Burrtec Waste Industries, Inc. for M Municipal Waste Services and Extend Purchase Order 2013-00001195 Up to and N Including January 22,2013 R Motion: Continue Approval of Contract with Burrtec Waste Industries, Inc. for m Municipal Waste Services and Extend Purchase Order 2013-00001195 Up to and Including January 22, 2013. d RESULT: ADOPTED [UNANIMOUS] 00:57:18 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,McCammack r ® ABSENT: Rikke Van Johnson N t m 6B. City Attorney x Request to Continue Approval of Contract with Republic Services of Southern California, o LLC for Municipal Waste Services and Extend Purchase Order 2013-00001196 Up to and Including January 22, 2013 Motion: Continue Approval of Contract with Republic Services of Southern California, LLC for Municipal Waste Services and Extend Purchase Order o 2013-00001196 Up to and Including January 22, 2013. ° RESULT: ADOPTED [UNANIMOUS] 00:57:18 ° MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,McCammack ABSENT: Rikke Van Johnson a 6C. City Clerk Council Minutes Motion: Approve the minutes of the Mayor and Common Council meetings of December 3,2012 and December 17, 2012, as submitted. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 49 S.C.a Joint Regular Meeting Minutes January 7, 2013 RESULT: ADOPTED [UNANIMOUS] 00:59:30 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson 6D. Civil Service Personnel Actions- Classified Motion: Approve the classified personnel actions, Item Nos. 1-6, as submitted by o the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San 3 Bernardino; and continue Item Nos. 7-16 to January 22, 2013. RESULT: CONTINUED [UNANIMOUS] Next: 1/22/20131:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member,Ward I AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,McCammack U ABSENT: Rikke Van Johnson 00:59:51 0 6E. Finance N �r►� Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino for Consultant Services. 0 Senior Deputy City Attorney Henry Empeno distributed an Inter Office Memorandum dated January 7, 2013, regarding January 7, 2013 Council Meeting, Agenda Item No. 6E, Resolution Authorizing Execution of a Consultant Services Agreement Between Intellibridge Partners and the City. Minute Traq Document No. 2224. 0 N Motion: Continue to January 10, 2013, at 3 p.m. o 0 RESULT: CONTINUED 15 TO 11 Next: 1/10/2013 3:00 PM MOVER: John Valdivia, Council.Member, Ward 3 E t SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Marquez,Jenkins,Valdivia, Shorett, McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson 01:00:54 Mayor and Common Council of the City of San Bernardino Page 5 PacketPg. 50 S.C.a Joint Regular Meeting Minutes January 7, 2013 6F. Finance Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino for Accounting Services. Senior Deputy City Attorney Henry Empefio distributed an Inter Office Memorandum dated January 7, 2013, regarding January 7, 2013 Council Meeting, Agenda Item No. 6(F), Resolution Authorizing Execution of a Consultant Services Agreement With Urban Futures Incorporated. Minute Traq Doc. No. 2225. Motion: Continue to January 10, 2013, at 3 p.m. M RESULT: CONTINUED [5 TO 11 Next: 1/10/2013 3:00 PM N MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 m AYES: Marquez,Jenkins,Valdivia, Shorett,McCammack N NAYS: Chas A. Kelley °w 3 ABSENT: Rikke Van Johnson 01:00:54 5 U C 6G. Finance o Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a First Amendment to Consultant Services Agreement Between ProStaff,LLC and the City of San Bernardino. N r Motion: Continue to January 10, 2013, at 3 p.m. ° x t6 RESULT: CONTINUED [5 TO 1] Next: 1/10/2013 3:00 PM o MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack M NAYS: Chas A. Kelley N ABSENT: Rikke Van Johnson 01:00:54 0 0 C 611. Fire £ RES. 2013-1 — Resolution of the Mayor and Common Council of the City of San U Bernardino Amending the City's Master Fee Schedule,Resolution 2009-122,Establishing New Cost Recovery Fees for Traffic Control and Vehicle Extrication for Services a Provided by the Fire Department During an Emergency Response to Traffic Collisions. Motion: Adopt the Resolution; authorize the Director of Finance to amend the FY 2012-2013 Budget and increase General Fund revenue associated to Hazmat Incident Recovery/Traffic Collision Account #001-200-4933 by $91,200 (rounded) from $8,000 to a new total of$99,200; and incorporate E the Fire Department expenditure budget in the amount of$49,500. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 51 S.C.a Joint Regular Meeting Minutes January 7, 2013 RESULT: ADOPTED 14 TO 21 01:04:40 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Virginia Marquez, Robert D. Jenkins, Fred Shorett,Wendy J. McCammack NAYS: John Valdivia, Chas A. Kelley ABSENT: Rikke Van Johnson 6I. Human Resources Personnel Actions-Unclassified M Motion: Continue to January 22, 2013. N it RESULT: CONTINUED [UNANIMOUS] Next: 1/22/20131:30 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 7 SECONDER: John Valdivia, Council Member, Ward 3 y AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, McCammack r ABSENT: Rikke Van Johnson 01:08:58 U C 3 6J. Human Resources 0 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Purchase Order to Insurance Overload M C Staffing Systems for Temporary Staffing Services. r m Motion: Continue to January 10, 2013, at 3 p.m. iC m RESULT: CONTINUED 15 TO 11 Next: 1/10/2013 3:00 PM ° MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez,Jenkins, Valdivia, Shorett, McCammack NAYS: Chas A. Kelley N ABSENT: Rikke Van Johnson 01:11:11 0 - o 6K Parks,Recreation & Community Services m RES. 2013-2 — Resolution of the Mayor and Common Council of the City of San E Bernardino Authorizing the City Manager to Execute a Facility Use Agreement Between w the City and Southern California Mountains Foundation (Formerly Known as San Bernardino National Forest Association), for the Urban Conservation Corps, for Use of 140 East 5th Street(The Butler Building) Located at Seccombe Lake Park. Acting City Manager Andrea Travis-Miller advised that there was an error on packet page 109, line 3 of the agreement states: "Utility costs and/or internet costs are the sole responsibility of UCC," which should read: "Any additional utility costs and/or internet costs are the sole responsibility of UCC." Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 5.C.a Joint Regular Meeting Minutes January 7, 2013 RESULT: ADOPTED [UNANIMOUS] 01:12:11 MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 6L. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposals (RFP) for N Parking Citation Processing Services. m Council Member Kelley made a motion, seconded by Council Member Shorett, to adopt the resolution, and refer it to the Ways & Means Committee for further discussion. No vote was taken. ^ a c Substitute Motion: Continue to January 22, 2013, to include a customer service component in the RFP. ; 0 RESULT: CONTINUED 15 TO 1] Next: 1/22/2013 1:30 PM r MOVER: Wendy J. McCammack, Council Member,Ward 7 N SECONDER: Fred Shorett, Council Member, Ward 4 s AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ° NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson 01:28:48 ° 00 v 6M. Police RES. 2013-3 — Resolution of the Mayor and Common Council of the City of San c Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety(OTS) in the ° Amount of $211,169.59 and Authorizing the Police Department to Accept and ° Administer the Grant. r W E Council Member Marquez stated that this item was not discussed by the Grants m Committee as stated in the staff report. a Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:29:30 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 53 5.C.a Joint Regular Meeting Minutes January 7, 2013 6N. Pubic Works Reschedule the Public Hearing to March 18, 2013, Regarding Amending Rate Resolution No. 2008-433 to Implement a CPI Increase Motion: Reschedule the Public Hearing to March 18, 2013, to amend Resolution No. 2008-433 to Implement a CPI Increase. RESULT: ADOPTED [UNANIMOUS] 01:30:22 MOVER: Robert D. Jenkins,Council Member, Ward 2 SECONDER: Wendy J. McCammack,Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,McCammack o ABSENT: Rikke Van Johnson T c 7. Public Comments on Items Not on the Agenda N Jim Eble and Jan Windhausen, newly elected President and Vice President of the Neighborhood Cluster Association, extended an invitation to staff to attend their meetings which are held on the first Saturday of every month at Emanuel United Methodist Church, 3310 N. "G" Street, San Bernardino. Jan Windhausen announced that on Saturday, January 12, 2013, they will be starting a park cleanup program and are looking 0 for volunteers. The First Project will be at Lytle Creek Park starting at 8 a.m., and the next project is tentatively planned for February 16, 2013, at Seccombe Lake. Betty Jean Long, San Bernardino, CA, spoke about the panhandlers who hang out at Jack in the Box and issues she has had with people stealing her personal items. i x m Jim Smith, San Bernardino, CA, spoke about an anti-panhandling program in San o Jacinto and suggested that the City of San Bernardino consider something similar. Submitted into the record was a copy of an article which appeared in The Press- Enterprise on January 3, 2013, titled "Anti-panhandling Signs Up." Mr. Smith announced that panhandling would be discussed at the Chamber of Commerce's next 0 Koffee Klatch on January 9,2013, at 7:30 a.m. N 0 Paul Sanborn, San Bernardino, CA, suggested that the City adopt an ordinance requiring o that every house sold in the City have an occupancy permit; suggested that permits be required for all water heaters and gas appliances; stated that citations should be given for £ tinted windows and boom boxes; stated that business registration certificates should be v required on lawn services; suggested that each service truck owned by a business should a be issued a sticker that should be affixed to the vehicle when they get their business license; suggested placing volunteer services applications on the internet; and commented on an article that was written by John Weeks that appeared in The Sun regarding Mr. Penman. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 54 S.C.a Joint Regular Meeting Minutes January 7, 2013 8. Adjournment At 6:20 p.m., the meeting adjourned to January 10, 2013, at 3 p.m., in the Council Chambers of City Hall. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m.,Tuesday, January 22,2013. GEORGEANN"GIGP'HANNA City Clerk M O By T Linda Sutherland Deputy City Clerk N d 7 G U C 7 O V n M v L O F O d M O N O O G d E z U R Q Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg. 55 f: 71z, JANUARY 10 , 2013 , MINUTEST JTm ADJm A REGULAR MEETING ( DRAFT) City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D.Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack 0 N iT A DRAFT MINUTES JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL 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 0 Q MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND rn MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY c THURSDAY,JANUARY 10,2013 COUNCIL CHAMBERS The joint adjourned regular meeting of the Mayor and Common Council was called to order by Mayor Patrick J. Morris at 3:05 p.m., Thursday, January 10, 2013, in the Council Chamber, 300 North"D" Street, San Bernardino, California. 0 N Roll Call ° Attendee Name Title Status Arrived 5 Virginia Marquez - Council Member, Ward 1 Present 3:00 p.m m Robert D. Jenkins Council Member, Ward 2 Present 3:00 p.m. t John Valdivia Council Member, Ward 3 Present 3:00 p.m. m Fred Shorett Council Member, Ward 4 Present 3:00 p.m. Chas A. Kelley Council Member, Ward 5 Excused 3:30 p.m. Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present 3:00 p.m. Patrick J. Morris Mayor Present 3:00 p.m. James F. Penman City Attorney Present 3:00 p.m._ Georgeann "Gigi" Hanna CijClerk Present 13.00 .m. Andrea Travis-Miller I City Manager Present , 3:00 p.m. Mayor and Common Comcil of the City of San Bernardino Page I Packet Pg. 56 5.C.b Joint Adjourned Regular Meeting Minutes January 10, 2013 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- MJ. B. Conference with legal counsel - anticipated litigation - significant exposure to M litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code o Section 54956.9. m 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: c Police Officer positions U G E. Closed session with Chief of Police on matters posing a threat to the security of 0 public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. M N Q F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: ! R Police Safety o Police Management Fire Safety 'c Fire Management W Middle Management Q General Management/Confidential M 0 G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. r 0 City Attorney Penman announced that the following additional items would be discussed m in closed session: E r v Under Agenda Item No. IC, initiation of litigation: a City of San Bernardino v. McAlister Investments, Inc. Under Agenda Item No. 1D,personnel: V City Manager position. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 57 S.C.b Joint Adjourned Regular Meeting Minutes January 10, 2013 Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Robert Jenkins. 2. Open Session M r 2A. Finance N RES. 2013-4 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing The Execution of a Third Amendment to Consultant Services Agreement Between Urban Futures, Inc. and the City of San Bernardino Regarding Accounting, Restructuring, and Fiscal Analysis Services. (Continued from January 7, N 2013.) 3 c Council Member Kelley made a motion, seconded by Council Member Marquez, to adopt the Resolution. No vote was taken. c 3 O Substitute Motion: Adopt the Resolution including a correction on Page 1, Section la of the agreement, changing the date from June 4,2011 to June 4, 2012. RESULT: ADOPTED [4 TO 11 00:21:181 ° MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 ° AYES: Virginia Marquez,Robert D. Jenkins, Fred Shorett,Wendy J. McCammack 3 NAYS: John Valdivia ABSENT: Chas A. Kelley,Rikke Van Johnson a 2B. Finance RES. 2013-5 — Resolution of the Mayor and Common Council of the City of San ry Bernardino Authorizing The Execution of a First Amendment to Consultant Services ° Agreement Between ProStaff, LLC and the City of San Bernardino. (Continued from o January 7,2013.) d Motion: Adopt the Resolution amending Exhibit A of the Agreement, deleting the words "Risk Management and" from the last bullet item under the w Procurement & Contract Analysis section; deleting the Risk Analysis a section; and the last two paragraphs contained in the Compensation section. '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 Packet Pg. 58 S.C.b Joint Adjourned Regular Meeting Minutes January 10, 2013 RESULT: ADOPTED [4 TO 1] 00:29:00 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Robert D. Jenkins,Fred Shorett, Wendy J. McCammack NAYS: John Valdivia i ABSENT: Chas A. Kelley,Rikke Van Johnson 0 2C. Finance c Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino for Consultant Services. (Continued from January 7, 2013.) Council Member Valdivia requested a list of all current grants. 3 O Motion: Continue to January 22, 2013. RESULT: CONTINUED 15 TO 01 Next: 1/22/2013 1:30 PM N MOVER: Fred Shorett, Council Member, Ward 4 s rn SECONDER: Robert D. Jenkins,Council Member,Ward 2 AYES: Marquez,Jenkins, Valdivia, Shorett, McCammack 0 ABSENT: Chas A. Kelley, Rikke Van Johnson 00:46:26 3 Qt d 2D. Human Resources RES. 2013-6 — Resolution of the Mayor and Common Council of the City of San v a Bernardino Authorizing the Execution of an Agreement and Purchase Order to Insurance Overload Services, Inc. DBA Insurance Overload Staffing Systems for Temporary n Staffing Services. (At Meeting of January 7, 2013, Item Continued to January 10, N 2013.) A revised resolution and agreement were distributed to the Council and submitted into the record by Senior Deputy City Attorney Henry Empeno. s Motion: Adopt the Resolution. 5i a RESULT: ADOPTED [UNANIMOUS] 00:53:46 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 59 S.C.b Joint Adjourned Regular Meeting Minutes January 10, 2013 3. Public Comment No public comments were received. 4. Adjournment The meeting adjourned at 4:29 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:00 p.m., Tuesday,January 22,2013. M O GEORGEANN "GIGI"HANNA City Clerk By N Linda Sutherland Deputy City Clerk U C 3 O U ti M N w A 7 d Q 7 C1 O N O O C N E U Q C Mayor and Common Coancil of the City of San Bernardino Page 5 ' Packet Pg. 60 Z JANUARY 22 , 2013 MINUTES JTm ADJ . REGULAR MEETING ( DRAFT ) ��ktL14AROrNo City of San Bernardino Mayor Patrick J. Morris S _ 300 North "D" Street Council Members ° o San Bernardino CA 92418 Virginia Marquez r a Robert D. Jenkins �3 http://www.sbeity.org John Valdivia Fred Shorett n Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M N N DRAFT MINUTES 3 G JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO w d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY U G MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND M MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING rn AS THE HOUSING AUTHORITY ! w TUESDAY,JANUARY 22,2013 ° COUNCIL CHAMBER 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 1:08 p.m., Tuesday, January 22, 2013, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. °ry N N Roll Call b Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:00 PM s Robert D. Jenkins Council Member, Ward 2 Present 1:00 PM John Valdivia Council Member, Ward 3 Present 1:00 PM a Fred Shorett Council Member, Ward 4 Present 1:00 PM Chas A. Kelley I Council Member, Ward 5 Present 1:15 PM Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present 1:00 PM Patrick J. Morris Mayor Present 1:00 PM James F. Penman City Attorney Present 1:00 PM Georgeann"Gigi" Hanna City Clerk Present 1:00 PM Andrea Travis-Miller City Manager Present 1:00 PM Mayor and Common Council ofthe City of San Bernardino Page] Packet Pg. 61 5.C.c Joint Regular Meeting Minutes January 22, 2013 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- MJ, City of San Bernardino v. Wells Fargo Bank, N.A. as Trustee for Carrington Mortgage Loan Trust, Series 226-NCI Asset Backed Pass-through Certificates, a business entity the form of which is unknown, Carrington Mortgage Services, M LLC, a Delaware Limited Liability Company et al; San Bernardino Superior N Court, Case No.: CIVDS 1212108; 3 G City of San Bernardino v. Alfonso A. Diaz, Irma Diaz, individuals; Linda Martinez, and child Martinez (a minor child); individuals; Elliott Luchs, an individual; et al. San Bernardino Superior Court, Case No.: CIVDS 1209917; c City of San Bernardino v. Shelly Golec, an individual; Mountain West Financial, Inc., a California Corporation; Mortgage Electronic Registration Systems, Inc., a Delaware Corporation; Bank of America, N.A., a business entity the form of ' 0 which is unknown; Internal Revenue Service; a federal governmental agency; et al, San Bernardino Superior Court, Case No.: CIVDS 1213394; N Allison Mechanical v. San Bernardino Economic Development Corporation, San r Bernardino Superior Court, Case No. CIVDS 1211891; ° w m Aspen Builders, Inc., A California v. Regal Cinemas, Inc., A Tennessee; San o Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210338; Consolidated Electrical Distributors, Inc. v. San Bernardino Economic o Development Corp.; Los Angeles Engineering, Inc.; Safeco Insurance Company N N ofAmerica, San Bernardino Superior Court, Case No. CIVDS 1210288; N 0 Los Angeles Engineering, Inc. v. San Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210197; E s U 10 Stepstone, Inc. v. Los Angeles Engineering, Inc.; San Bernardino Economic a Development Corporation; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210727; Thompson Building v. Los Angeles Engineering, San Bernardino Economic Development Corporation, Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1211471. CB. 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: Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 62 5.C.c Joint Regular Meeting Minutes January 22, 2013 Refuse Division issue C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c)of Government Code Section 54956.9: City of San Bernardino v. 854 West 40th Place Trust, et al; 1256 N. Stoddard Ave; City of San Bernardino v. Estate of Poppett, 157 E. 5t4 Street; City of San Bernardino v. Ross, 3130 N. Stoddard Ave; City of San Bernardino v. Madrid, 548 N. "G"Street; 719 Spruce Street. M D. Closed Session-personnel-pursuant to Government Code Section 54957. N Z 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 U F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: U Police Safety o Police Management U Fire Safety Fire Management N Middle Management s General ° Management/Confidential L G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item 1 D,Personnel: N N Agenda Item 7A o c Reading of Resolutions and Ordinances E Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on v the agenda. =• a Invocation/Pledge of Allegiance The invocation was given by Council Member Chas Kelley. The Pledge of Allegiance was led by Elena Pena, a fifth grade student from Kendall Elementary School. 2. Appointments V 2A. Mayor's Office Appointment of Gary Walboume to the Measure "Z" Citizens Oversight Committee - Council Member John Valdivia Mayor and Common Council of the City of San Bernardino Page 3 S.C.c Joint Regular Meeting Minutes January 22, 2013 Motion: Approve the appointment of Gary Walbourne to the Measure "Z" Citizens Oversight Committee as requested by Council Member John Valdivia. RESULT: ADOPTED [6 TO 0] 00:08:241 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 0 2B. Mayor's Office N Appointment of Sandra Kurkoske to the Senior Affairs Commission - Council Member m John Valdivia r Motion: Approve the appointment of Sandra Kurkoske to the Senior Affairs Commission as requested by Council Member John Valdivia. 'c RESULT: ADOPTED [UNANIMOUS] 00:08:24 MOVER: John Valdivia, Council Member,Ward 3 0 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,McCammack M ABSENT: Rikke Van Johnson s m I 2C. Mayor's Office 0 Appointment of Nellie Frazier as an Alternate Member to the Senior Affairs Commission :n -Mayor Patrick J. Morris d Motion: Approve the appointment of Nellie Frazier as an Alternate Member of the o Senior Affairs Commission as requested by Mayor Patrick J. Moms. N N N RESULT: ADOPTED [UNANIMOUS] 00:08:24 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, McCammack U_ ABSENT: Rikke Van Johnson a C 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 PacketPg. 64 5.C.c Joint Regular Meeting Minutes January 22, 2013 3. Presentations 3A. Student of the Month — Steven Gutierrez, San Andreas High School -- Council Member Shorett 3B. Chamber of Commerce Announcements—Jim Gerstenslager 3C. Resolution of Commendation -- Jorge Carlos, Executive Staff Assistant to City Council—25 Years of Service—Council Member McCammack 4. Announcements 0 N a 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances v c Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated January 22, 2013. c 3 O RESULT: ADOPTED [UNANIMOUS] 01:08:37 co MOVER: Robert D.Jenkins, Council Member, Ward 2 M SECONDER: Wendy J. McCammack,Council Member,Ward 7 t AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 5B. City Clerk Council Minutes—Approve minutes of July 2,2012; July 9,2012;July 10, 2012; July 16, 2012; July 18, 2012; and July 24, 2012 0 N Council Member Valdivia noted a correction to the minutes for July 10, 2012,page 6,last N paragraph, to change the date on line 5 from May 16,2012 to July 16, 2012. b C Motion: Approve the minutes of the Mayor and Common Council meetings of July 2, 2012; July 9, 2012; July 10, 2012 (as corrected); July 16, 2012; July 18, 2012; and July 24, 2012, as submitted. a RESULT: ADOPTED [UNANIMOUS] 01:08:37 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson C Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg.65 5.C.c Joint Regular Meeting Minutes January 22, 2013 5C. City Clerk Council Minutes—Approve Minutes of June 18, 2012 City Clerk Hanna noted that the motion should not include approval of the June 4, 2012, minutes at this time. Motion: Approve the minutes of the Mayor and Common Council meeting of June 18, 2012, as submitted. RESULT: ADOPTED [UNANIMOUS] 01:08:37 ]i MOVER: Robert D. Jenkins,Council Member, Ward 2 M SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson m M N d w 7 6. Public Hearings To Be Heard at 4 PM 6A. Community Development c RES. 2013-7 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 12-04, to Amend the Land Use ® Designation of Approximately 8,000 Square Feet from Residential Medium (RM) to M Commercial General (CG-1) Located 200 Feet South of the Southwest Corner of 40th and"F" Streets. L rn i Mayor Morris opened the hearing. 2 0 Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the d following individual that he would provide true and honest testimony. M Public Comments: o Joe Bonadiman thanked the staff, stating that he appreciated their consideration. N N Motion: Close the hearing; and adopt the Resolution. ° c d RESULT: ADOPTED [UNANIMOUS] 01:11:20 t MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 a AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson Mayor and Common Council of[he City of San Bernardino Page 6 Packet Pg. 66 S.C.c Joint Regular Meeting Minutes January 22, 2013 7. Continued Items 7A. Civil Service Personnel Actions - Classified (Continued from January 7, 2013) 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: FAILED [2 TO 31 * 01:13:34 , MOVER: Fred Shorett, Council Member, Ward 4 c N SECONDER: Virginia Marquez, Council Member, Ward 1 it m AYES: Virginia Marquez,Fred Shorett NAYS: Robert D. Jenkins,John Valdivia, Wendy J. McCammack ' ABSTAIN: Chas A. Kelley ABSENT: Rikke Van Johnson E *Note: Subsequently, at the Adjourned Regular Meeting held on January 24, 2013, 0 Council Members Jenkins and McCammack changed their votes to a "yes" and 'o the personnel actions 7-16 were approved by a 4-1 vote. N *Note: Subsequently, at the Adjourned Regular/Special Meeting held on January 28, N 2013, the matter was reconsidered and the classified personnel actions 7-16 were s approved by the following vote: Ayes: Marquez, Shorett,Johnson, McCammack. W Nays: Jenkins,Valdivia,Kelley. 0 7B. Finance v Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement Between Intellibridge Partners and the City of San Bernardino for Consultant Services. (At Meeting of January o 7, 2013, Item Continued to January 10, 2013; Item Continued to January 22,2013.) N N 0 Motion: Continue to February 4, 2013. m E RESULT: CONTINUED [UNANIMOUS] Next: 2/4/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 a SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, McCammack ABSENT: Rikke Van Johnson 01:28:47 V Mayor and Common Council of the City of San Bernardino Page 7 S.C.c Joint Regular Meeting Minutes January 22, 2013 7C. Human Resources Personnel Actions-Unclassified (Continued from January 7, 2013) Council Member Shorett made a motion, seconded by Council Member Marquez, to approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures Substitute Motion: Continue the matter to April 15, 2013. RESULT: ADOPTED [3 TO 31 —MAYOR BROKE TIE WITH A"YES"VOTE M MOVER: Robert D. Jenkins, Council Member,Ward 2 N SECONDER: John Valdivia, Council Member,Ward 3 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley NAYS: Virginia Marquez, Fred Shorett, Wendy J. McCammack 7 ABSENT: Rikke Van Johnson 01:31:56 d c Motion: To reconsider the item to allow for public comments. r C RESULT: ADOPTED [UNANIMOUSI 01:33:37 o MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: John Valdivia, Council Member,Ward 3 M AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,McCammack ABSENT: Rikke Van Johnson I rn w m 0 Public Comments: Paul Sanborn, San Bernardino, CA. Motion: Continue the matter to April 15, 2013. M N RESULT: FAILED [3 TO 31 —MAYOR BROKE TIE WITH A"NO"VOTE N MOVER: Robert D. Jenkins, Council Member,Ward 2 o SECONDER: John Valdivia, Council Member,Ward 3 c d AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley t NAYS: Virginia Marquez, Fred Shorett,Wendy J. McCammack ABSENT: Rikke Van Johnson 01:34:42 a Motion: Approve the unclassified personnel actions, 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. 68 5.C.c Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED 13 TO 3] —MAYOR BROKE TIE WITH A"YES" VOTE MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Virginia Marquez, Fred Shorett, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley ABSENT: Rikke Van Johnson 01:35:11 7D. Police Res. 2013-8 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposals N (RFP) for Parking Citation Processing Services. (Continued from January 7,2013) �o Approved Motion: Adopt the Resolution. al d r RESULT: ADOPTED [UNANIMOUS] 01:37:36 = MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins, Valdivia, Shorett,Kelley,McCammack v ABSENT: Rikke Van Johnson O � M L 8. Staff Reports x 8A. City Attorney RES. 2013-9 — A Resolution of the Mayor and Common Council of the City of San aO1 Bernardino Authorizing the Execution of a Professional Service Agreement for Municipal Waste Hauling to Burrtec Waste Industries, Inc. pursuant to San Bernardino M Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to 0 Said Agreement Prior to the Adoption of This Resolution. N N r Note: Agenda Items 8A and 8B were considered simultaneously. ° t: c d City Attorney Penman stated that his office had completed the work on these items, but E r Attorney Tom Clark of Stradling, Yocca, Carlson and Roth, who specializes in municipal issues, did the final review and signed off on the agreements. However, to avoid the Q appearance of a conflict he asked Mr. Clark to take his seat at the table and he left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. C Mayor and Common Council of the City of San Bernardino Page 9 s.c.c Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [UNANIMOUS] 01:54:08 MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, McCammack ABSENT: Rikke Van Johnson 8B. City Attorney RES. 2013-10 – A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Service Agreement for M Municipal Waste Hauling to Republic Waste Services of Southern California, LLC, o D.B.A. Inland Regional Material Recovery Facility, pursuant to San Bernardino T Municipal Code Section 3.04.010(B)(3) and Ratifying Any Actions Taken in Relation to Said Agreement Prior to the Adoption of This Resolution. Motion: Adopt the Resolution. c RESULT: ADOPTED [UNANIMOUS] 01:54:08 MOVER: Chas A. Kelley, Council Member, Ward 5 v SECONDER: Wendy J. McCammack, Council Member,Ward 7 'o AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,McCammack ABSENT: Rikke Van Johnson M L 8C. City Manaser Oral Report from Police Chief Robert Handy Regarding RFP Received by the City of San 2 Bernardino from the San Bernardino County Sheriffs Department for Contractual Law ° Enforcement Services m v Police Chief Handy submitted into the record a Staff Report addressed to the Honorable Mayor and Members of the Common Council dated January 22, 2013, regarding c Summary Analysis of Sheriff's Department Proposal and provided an overview of same. N Ultimately the numbers—with the City budget running about $54 million, and the N sheriffs proposal coming in at a possible $78 million—were not compatible with a ° change in the provision of services. m E t Public Comments: William Valle, San Bernardino, CA a Motion: Receive and file, and thank the Sheriffs office for a thorough and professional report. Mayor and Common Council of the City of San Bernardino Page 10 s.c.� Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED [5 TO 01 02:29:58 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett,McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 8D. Civil Service Personnel Actions - Classified M Motion: Approve the classified personnel actions, as submitted by the Chief o Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: FAILED 13 TO 21 * 02:30:27 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Fred Shorett, Wendy J. McCammack NAYS: Robert D. Jenkins,John Valdivia 0 y ABSENT: Chas A. Kelley, Rikke Van Johnson M *Note: Later in the meeting, Council Member Jenkins changed his vote to a "yes" and the c personnel actions were approved by a vote of 4 to 1. ° w R 8E. Council Office ° Discussion of Funding for Street Lights Council Member Valdivia stated that in the summer of 2012 he issued a point of view M regarding the importance of our street lights in the city of San Bernardino. He stated that o he thought there was more opportunity for the street lights to be funded and he wanted to N open that discussion with Brandon Mims of the City Manager's office. N 0 Brandon Mims, City Manager's office, stated that Councilman Valdivia had approached d him about the availability of Community Development Block Grant (CDBG) funds that E t either were not programmed, or were attached to projects that have been cancelled, or are a open and have no activity. He stated that the total amount available that would fit the a criteria is approximately $360,000. Those are projects that have no activity, or were cancelled in past program years. Acting City Manager Travis-Miller agreed that street lights need to be on, but she would want the Council to review the projects not moving forward, to make sure the Council wants to prioritize street lights differently. Then they will amend that plan as soon as they can and utilize those monies. Mr. Mims indicated that the project that comprises the actual $366,539.58 is an open inactive 2006 demolition project that would have been a part of Code Enforcement's Mayor and Common Council of the City of San Bernardino Page 11 5.C.c Joint Regular Meeting Minutes January 22, 2013 beautification/abatement project. Motion: Continue the matter to February 4, 2013, to allow the City Manager time to perform additional analysis regarding availability of these CDBG funds. RESULT: CONTINUED [5 TO 01 Next: 2/4/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson 02:42:45 0 8F. Council Office T Recommendation to Study Outdoor Vending to Include, But Not Limited To, Yard Sales and Swap/Flea Market, to the Ways and Means Committee, and Explore Quality of Life m Improvements as it Pertains to Business Licensing and Related Issues Affecting Area Residents. 3 C Council Member McCammack stated that she thought it was incumbent upon the Council Member who placed this item on the agenda to provide some guidelines to the Committee as to what direction he would like them to follow. She stated that the request was very o open ended and she did not know where the Committee would begin. Motion: Continue the matter to February 4, 2013, to allow Council Member M [`r✓, Valdivia time to prepare a presentation for the entire Council regarding the N scope and parameters of his request. o i RESULT: CONTINUED [5 TO 01 Next: 2/4/2013 1:30 PM 2 R MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack,Council Member,Ward 7 ° v AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 02:48:27 0 N N 8G. Human Resources N Personnel Actions -Unclassified ° G d City Attorney Penman distributed and reviewed in detail with the Mayor and Council an E interoffice memorandum he sent to the Mayor and Common Council dated January 18, 2013, regarding a Request for Four Additional City Attorney Investigators. He also submitted an intra-office memorandum from Kimberley Green, Administrative Analyst, to James F. Penman, City Attorney,dated January 4, 2013, regarding Administrative Civil Penalties' Citation Totals. Public Comments: Jim Gerstenslager, San Bernardino, CA Roger Henderson, San Bernardino, CA Paul Sanborn, San Bernardino, CA Shirley Harlan, San Bernardino, CA Barbara Babcock, San Bernardino, CA Mayor and Common Council of the City of San Bernardino Page 12 �Pg. 72 S.C.c Joint Regular Meeting Minutes January 22, 2013 Jim Smith, San Bernardino, CA Motion: Approve the unclassified personnel actions, as submitted by the Acting Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED 14 TO 1] 03:06:36 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Virginia Marquez,Robert D. Jenkins,John Valdivia,Wendy J. McCammack NAYS: Fred Shorett 0 ABSENT: Chas A. Kelley, Rikke Van Johnson _ _ m 8H. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers 0 3 Authority, and Related Committees. S Motion: Continue the matter to the adjourned meeting scheduled for January 24, r 2013. ° RESULT: CONTINUED [5 TO 01 Next: 1/24/2013 3:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 N SECONDER: Robert D. Jenkins, Council Member,Ward 2 rn AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 04:12:13 0 d 8I. Information Technology Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Technology Use Policy. N N N Motion: Continue the matter to the meeting of February 19,2013. o RESULT: CONTINUED [5 TO 01 Next: 2/19/2013 1:30 PM E MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 a AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson 04:13:03 8J. Parks,Recreation & Community Services Resolution of the Mayor and Common Council Authorizing the City Manager to Exercise Year 2 of Four Optional Single Year Renewals of a Contractual Agreement Between the City of San Bernardino and the San Bernardino City Unified School District — Public Safety Academy for Shared Use of the Recreation Facilities at the Galaxy Building and Norton Recreation Center for One Year August 1, 2012 through July 31, 2013. Mayor and Common Council of the City of San Bernardino Page 13 PacketPg. 73 5.C.c Joint Regular Meeting Minutes January 22, 2013 Motion: Continue the matter to the meeting of February 19,2013. RESULT: CONTINUED [5 TO O] Next: 2/19/2013 1:30 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 04:14:03 8K. Parks. Recreation& Community Services RES. 2013-11 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Renewal Local Incentive Grant N Award Agreement with the San Bernardino County Department of Public Health in the m Amount of$114,750 for a Three-Year Period—February 1, 2013 through September 30, 2016. N Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 04:14:44 j MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack Q ABSENT: Chas A. Kelley,Rikke Van Johnson N - L rn i 8L. Police w RES. 2013-12 - Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Modification of Fund Expenditures of the FY 2009 Justice m Assistance Grant (JAG) American Recovery and Reinvestment Act (ARRA) Grant from Personnel to Equipment Purchases; and Authorizing the Purchase of Desktop Computers from Inland Computer Systems, and Tasers and Equipment from ProForce Law Enforcement. N N N i It was noted that on the Staff Report,page 504 of the agenda backup, second paragraph, o the date should be changed from 2013 to 2012. d E Motion: Adopt the Resolution. m RESULT: ADOPTED [5 TO 0] 04:15:32 a MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 74 5.C.c Joint Regular Meeting Minutes January 22, 2013 8M. Public Works RES. 2013-13 - Resolution of the City of San Bernardino adopting the Five-Year Capital Project Needs Analysis (2013-2018)for Measure 12010-2040 Expenditures. Motion: Adopt the Resolution RESULT: ADOPTED [5 TO 01 04:17:29 MOVER. John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson 0 CT l6 Motion: To reconsider Agenda Item 8M to allow for public comments. 'c RESULT: ADOPTED [5 TO 01 04:21:51 w MOVER: Robert Jenkins, Council Member,Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack c ABSENT: Chas A. Kelley,Rikke Van Johnson $ _ U n Public Comments: M Paul Sanborn, San Bernardino, CA r rn Motion: Adopt the Resolution. m 0 RESULT: ADOPTED [5 TO 01 04:24:05 >r MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 ; AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack 0 ABSENT: Chas A. Kelley,Rikke Van Johnson q N N 0 8N. Public Works c RES. 2013-14 - Resolution of the Mayor and Common Council of the City of San E Bernardino Authorizing the Execution of a First Amendment to an Agreement and Issuance of a Purchase Order to Cal Stripe Inc. for Citywide Traffic Striping and a Pavement Markings. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 15 Packet Pg. 75 5.C.c Joint Regular Meeting Minutes January 22, 2013 RESULT: ADOPTED 15 TO 01 04:19:55 MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley, Rikke Van Johnson 80. Public Works RES. 2013-15 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Public Works Director to Issue 'Request for Proposals for M Elevator and Escalator Maintenance Service in Various City Buildings" RFP F-13-20. o N T Council Member McCammack stated that she would abstain on this item because her brother is in the elevator/escalator maintenance business. Motion: Adopt the Resolution. c RESULT: ADOPTED [4 TO 01 04:20:22 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 0' AYES: Virginia Marquez, Robert D. Jenkins, John Valdivia, Fred Shorett I � ABSTAIN: Wendy J. McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson i 8P. Public Works RES. 2013-16 - Resolution of the Mayor and Common Council of the City of San ° Bernardino Directing the Public Works Director to Issue the Notice Inviting Sealed Bids d for the Repair, Replacement and Upgrade of the Street Lighting System at Various Locations in the City of San Bernardino. 0 Motion: Adopt the Resolution. N N RESULT: ADOPTED 15 TO 01 04:24:28 ° MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Valdivia, Shorett, McCammack ABSENT: Chas A. Kelley,Rikke Van Johnson a 9. Public Comments on Items Not on the Agenda Sandra Olivas, San Bernardino, spoke about pulling together as a city to make things better. `- Paul Sanborn, San Bernardino, spoke about the prospect of pre-selling grave sites to raise$25 million for the City Mayor and Common Council of the City of San Bernardino Page 16 5.C.c Joint Regular Meeting Minutes January 22, 2013 Shirley Harlan, San Bernardino, spoke about the perception people have of San Bernardino and said that the Council's actions are demeaning. She asked fellow residents to let their Council Member know how they are perceived by the residents. Debbi Malley, San Bernardino, spoke about the Quality of Life Ad Hoc Committee and asked if it had met yet. She said the public needs the committee to meet to open up a dialog about the issues. Betty Rochelle, San Bernardino, spoke about being jobless with no income, and said that when she runs out of food stamps, she has to ask people for help to get something to eat. She said Occupy San Bernardino is seeking a space to relocate people to on a long term ,;, basis, no further than 3 miles from downtown. She submitted a copy of a letter to the N Mayor for review. m Larry Sharp, San Bernardino, asked about the Council's strategy insofar as developing a o real plan as required by the bankruptcy judge. d Betty Jean Long, San Bernardino, spoke about the distribution of power among the Mayor and Common Council. U G 10. Adjournment 0 At 8:03 p.m. the meeting adjourned in memory of Celedonio "Sal" Saavedra, to 3:30 p.m.,Thursday,January 24,2013, in the Council Chamber. n M N The next joint regular meeting of the Mayor and Common Council and the Mayor and rn Common Council Acting as the Successor Agency to the Redevelopment Agency is w scheduled for 1:00 p.m., Monday,February 4,2013. 2 0 :r GEORGEANN"GIGI" HANNA City Clerk M o By N Linda E. Hartzel N 0 Deputy City Clerk c d E t m a Mayor and Common Council of the City of San Bernardino Page 17 PacketPg. 77 .JANUARY 24 , 2013 MINUTES JTm ADJ . r REGULAR MEETING ( DRAFT) �$w�N City of San Bernardino Mayor Patrick J. Morris 't 300 North "D" Street Council Members ° c San Bernardino CA 92418 Virginia Marquez r Robert D. Jenkins http://www.sbcity.org John Valdivia ro Fred Shorett b Chas A. Kelley Rikke Van Johnson Wendy J. McCammack M O N T L DRAFT MINUTES R 7 JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO w 3 C MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND N L MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING ° AS THE HOUSING AUTHORITY m L Q THURSDAY,JANUARY 24,2013 COUNCIL CHAMBER x v a The joint adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morns at 4:01 p.m., Thursday, January 24, 2013, in the Council Chamber, 300 North "D" Street, San Bernardino, California. N ROLL CALL N 0 Attendee Name Title Status Arrived r Virginia Marquez Council Member, Ward 1 Present 4:00 p.m. d E Robert D. Jenkins Council Member, Ward 2 Present 4:00 p.m. John Valdivia Council Member, Ward 3 Absent =° Fred Shorett Council Member, Ward 4 Present 4:00 p.m. a Chas A. Kelley Council Member, Ward 5 �Present 4:00 p.m. Rikke Van Johnson Council Member, Ward 6 Absent Wendy J. McCammack Council Member, Ward 7 Present Patrick J. Morris Mayor Present 4:00 p.m. James F. Penman City Attorney Present 4:00 p.m. �!! [Georgeann "Gigi" Hanna City Clerk Present 4:00 p.m. Andrea Travis-Miller City Manager Present 4:00 p.m. Mayor and Common Council of the City of San Bernardino Page] S.C.d Joint Adjourned Regular Meeting Minutes January 24, 2013 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- MJ, City of San Bernardino v. Wells Fargo Bank, N.A. as Trustee for Carrington Mortgage Loan Trust, Series 226-NCI Asset Backed Pass-through Certificates, a business entity the form of which is unknown, Carrington Mortgage Services, M LLC, a Delaware Limited Liability Company et al; San Bernardino Superior �°, Court, Case No.: CIVDS 1212108; c City of San Bernardino v. Alfonso A. Diaz, Irma Diaz, individuals; Linda R Martinez, and child Martinez (a minor child); individuals; Elliott Luchs, an individual; et al. San Bernardino Superior Court, Case No.: CIVDS 1209917; c City of San Bernardino v. Shelly Golec, an individual; Mountain West Financial, Inc., a California Corporation; Mortgage Electronic Registration Systems, Inc., a Delaware Corporation; Bank of America, N.A., a business entity the form of 0 which is unknown; Internal Revenue Service; a federal governmental agency; et al, San Bernardino Superior Court, Case No.: CIVDS 1213394; ® N Allison Mechanical v. San Bernardino Economic Development Corporation, San s Bernardino Superior Court, Case No. CIVDS 1211891; Aspen Builders, Inc., A California v. Regal Cinemas, Inc., A Tennessee; San o Bernardino Economic Development Corporation, San Bernardino Superior Court, Case No. CIVDS 1210338; Consolidated Electrical Distributors, Inc. v. San Bernardino Economic Development Corp.; Los Angeles Engineering, Inc.; Safeco Insurance Company ofAmerica, San Bernardino Superior Court, Case No. CIVDS 1210288; o N Los Angeles Engineering, Inc. v. San Bernardino Economic Development N Corporation, San Bernardino Superior Court, Case No. CIVDS 1210197; o c Stepstone, Inc. v. Los Angeles Engineering, Inc.; San Bernardino Economic m E Development Corporation; Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1210 72 7; =° Thompson Building v. Los Angeles Engineering, San Bernardino Economic Development Corporation, Safeco Insurance Company of America, San Bernardino Superior Court, Case No. CIVDS 1211471; BICEP. Mayor and Common Council of the City of San Bernardino Page 2 PacketPg.79 5.C.d Joint Adjourned Regular Meeting Minutes January 24, 2013 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: Refuse Division issue C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c)of Government Code Section 54956.9: City of San Bernardino v. 854 West 40th Place Trust, et al; 1256 N. Stoddard Ave; City of San Bernardino v. Estate ofPoppett, 157 E. 5th Street; City of San Bernardino v. Ross, 3130 N. Stoddard Ave; N City of San Bernardino v. Madrid, 548 N. "G"Street; 719 Spruce Street. r c 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 d public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. U F. Conference with labor negotiator - pursuant to Government Code Section o 54957.6: n Police Safety N Police Management Fire Safety s rn Fire Management Middle Management General m Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section a 54956.8. M O 2. OPEN SESSION N 2A. Human Resources ° RES. 2013-17 — Resolution of the Mayor and Common Council of the City of San v Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool s (BICEP) Joint Powers Authority. (Continued from January 22, 2013.) o a Andrea Travis-Miller, Acting City Manager, stated that following the last Council meeting staff discussed the need to have two individuals that could serve on the group and added Administrative Services Director Jason Simpson, as the primary designated individual, and Risk Manager Steve Dokken, as an alternate. CMotion: Waive full reading; and adopt the Resolution. C Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 80 5.C.d Joint Adjourned Regular Meeting Minutes January 24, 2013 RESULT: ADOPTED [5 TO 11 00:04:28 ' MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson 2B. (Previously Item 7A on the January 22, 2013 Agenda Civil Service N Personnel Actions—Classified—Items 7-16 Council Members Jenkins and McCammack indicated that they wanted to change the votes they cast on January 22, 2013, from"no"to"yes." N d The motion that had previously failed was approved with Marquez, Jenkins, Shorett and McCammack voting"yes'; Valdivia voting"no'; Kelley abstaining; and Johnson absent. U C 3. NEW BUSINESS u 3A. Unilateral Imposition of Terms and Conditions of Employment — Police, Fire and Mid-Management Bargaining Units s rn City Attorney Penman advised that yesterday the City had a mediation in the bankruptcy court with the Fire and Police Unions. He stated that he could not discuss anything that happened in that mediation session, although it was made known to the Council Members and the Mayor. As a result of action taken at the end of the meeting, and the advice that the federal judge a gave to the City Manager, a need to take action may have arisen; and it is up to the Council to decide whether or not to consider imposing on the Police and Fire Unions the last best offer of the City that was made prior to the mediation. He stated that the N mediation is confidential and nothing that happened there can be discussed including N what the offers were. 0 Mr. Penman stated that the matter came to their attention at approximately 6 p.m. last v night, after the conclusion of the mediation, that it is necessary to consider unilateral r imposition pursuant to the Pendency Plan; and that would be the language that would be submitted to the Council to consider whether to adopt or not. A two-thirds vote is a required, which would be four; so four Council Members would have to vote "yes" in order for this to pass and be added to the agenda as an item where the need to take action arose after the agenda was posted. Mr. Penman noted that the mediation was not successful and agreements with the Police and Fire Unions were not reached last night at the conclusion of the mediation. Indicates fimestamp on DVD when motion/second was made.DVDs are on file in the City Clerk's Office Mayor and Common Coancil of the City of San Bernardino Page 4 S.C.d Joint Adjourned Regular Meeting Minutes January 24, 2013 Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action in both closed and open sessions. RESULT: ADOPTED [5 TO 11 00:10:00 MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett,McCammack NAYS: Chas A. Kelley M ABSENT: Rikke Van Johnson N m Council Members Shorett and Kelley indicated that they did not receive any information and asked how the information had been passed out. Mr. Penman stated that it was not passed out. It was his understanding that the union had called various members and told them what had happened. He stated that he was informed and he informed the Council Members who called him and asked him what had happened. U 0 0 Mr. Penman advised that the specific detailed information could be shared with the Council in closed session, but could not be shared publicly, because under the rules of federal bankruptcy court, those mediation sessions are confidential; however, he could state publicly that the unions of the City failed to come to an agreement last night and the r mediation process was now concluded. He encouraged the Mayor and Council, if they wanted to vote on this,to vote to reconsider the action they just took. 0 Motion: To reconsider the prior action. a d RESULT: ADOPTED 15 TO 11 00:11:37 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 0 AYES: Marquez,Jenkins,Valdivia, Shorett, McCammack NAYS: Chas A. Kelley N ABSENT: Rikke Van Johnson c r E s U R Motion: To discuss and take possible action in both closed and open sessions. a RESULT: ADOPTED [5 TO 11 00:13:05 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins,Valdivia, Shorett, McCammack NAYS: Chas A. Kelley ABSENT: Rikke Van Johnson Mayor and Common Council of the City of San Bernardino Page 5 ' Packet Pg. 82 S.C.d Joint Adjourned Regular Meeting Minutes January 24, 2013 4. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Debbie Matley, San Bernardino, stated that there must be changes to the development review process. If impacted residents are notified about projects earlier in the process, they would be able to inform staff of their concerns about questionable projects before staff hours are wasted in the development and planning process. The current process does not notify residents until just prior to the Planning Commission meeting. She suggested that prior to the Development and Environmental Review, the impacted residents receive notification from the City with questions of whether or not they would welcome this project into their neighborhood. This information should be part of the Development and Environmental Review Committee Meeting, and is but one example of N why the Quality of Life Ad Hoc Committee needs to meet. 5. ADJOURNMENT The meeting adjourned at 4:39 p.m. to 3:30 p.m., Monday, January 28, 2013. 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 1:00 p.m.,Monday, February 4, 2013. v c M 0 U GEORGEANN"GIGP'HANNA City Clerk N By Linda Sutherland Deputy City Clerk o rr d v a M O N a N O G N E t U m Q Mayor and Common Council of the City of San Bernardino Pger h ' PacketPg. 83 JANUARY 28 , 2013 �s,� MINUTES JT . ADJ . REGULAR .F SPECIAL MEETING ( DRAFT ) 5.C.e City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett p Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N m 3 G DRAFT MINUTES N JOINT ADJOURNED REGULAR/SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO - U C 7 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 0 AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY r Cl) MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY -° U N C. MONDAY,JANUARY 28, 2013 a' COUNCIL CHAMBER The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morns at 3:40 p.m., Monday, January 28, 2013, in the .; Council Chamber of City Hall, 300 North"D" Street, San Bernardino, California. M 0 N Roll Call N Attendee Name Title Status Arrived ° Virginia Marquez Council Member, Ward 1 Present 3:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 3:30 p.m. c John Valdivia Council Member, Ward 3 Present 3:30 p.m. r Fred Shorett Council Member, Ward 4 Present 3:30 p.m. a Chas A. Kelley Council Member, Ward 5 Present 3:30 p.m. Rikke Van Johnson Council Member Ward 6 Present 3:30 p.m. Wendy J. McCammack _ Council Member, Ward 7 Present 3:30 p.m. Patrick J. Morris Mayor Present 3:30 p.m. James F. Penman City Attorney Present 3:30 p.m. Georgeann "Gigi"Hanna City Clerk Present 3:30 p.m. Andrea Travis-Miller City Manager ; Present 3:30 p.m. Mayor and Common Council of the City of San Bernardino Page 1 PacketPg. 84 Joint Adj. Reg./Special Meeting Minutes January 28, 2013 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, BICEP. M 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. 'c m C. Conference with legal counsel - anticipated litigation - initiation of litigation - y pursuant to subdivision(c) of Government Code Section 54956.9. r 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 o public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. M N ® F. Conference with labor negotiator - pursuant to Government Code Section s 54957.6: CD I m San Bernardino Police Officers Association (SBPOA) -Police Safety; o San Bernardino City Professional Firefighters, Local 891 -Fire Safety; z San Bernardino Public Employees Association (SBPEA) -Mid Management a Bargaining Unit, Police Management Association (PMA); 6 d Fire Management Association (FMA): International Union of Operating Engineers (IUOE) - General Unit Employees; v Management/Confidential Employees G. Conference with real property negotiator - pursuant to Government Code Section o 54956.8. N N O 2. OLD BUSINESS d E 2A. Human Resources RES. 2013-17 - Resolution of the Mayor and Common Council of the City of San =° Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool a (BICEP) Joint Powers Authority. (Inadvertently Continued from January 24, 2013) Note: The resolution number was assigned to this resolution at the meeting of January 24,2013. Mayor and Common Council of the City of San Bernardino Page 2 ' PacketPg. 85 5.C.e Joint Adj. Reg./Special Meeting Minutes January 28, 2013 2B. (Previously Item 7A on the January 22,2013,Agenda) Civil Service Personnel Actions—Classified—Items 7-16 Council Member Kelley stated that he wanted to change the vote he cast on January 22, 2013,Agenda Item 7A, from an abstention to a"no." Since other Council members had changed their votes on this same item at the meeting held on January 24, 2013, and Council Member Johnson had been absent on January 22 r, and was now present to register a vote, it was the consensus that the matter should be N reconsidered and a final vote taken. Z m r Motion: To reconsider Agenda Item 7A on the January 22, 2013, agenda. to to 7 RESULT: ADOPTED 15 TO 2] 00:24:07 t MOVER: Wendy J. McCammack, Council Member,Ward 7 '_ SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson,McCammack 3 NAYS: John Valdivia, Chas A. Kelley t0 0 ... ..... .. ti Motion: Approve the classified personnel actions 7-16, as submitted by the Chief Examiner on January 7, 2013, and continued to January 22, 2013, Agenda ^� Item 7A, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San c Bernardino. RESULT: ADOPTED [4 TO 3] 00:25:40 rn MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack NAYS: Robert Jenkins,John Valdivia, Chas A. Kelley M 0 N aD 3. NEW BUSINESS 0 3A. City Clerk m RES. 2013-18 - Resolution of the Mayor and Common Council of the City of San r Bernardino Adopting Terms and Conditions of Employment for the Mid-Management 2 Unit Employees Represented by the San Bernardino Public Employees Association (SBPEA),Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor and Common Council on November 26,2012 by Resolution No. 2012-27. C 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 Packet Pg. 86 100L -dffiWNN10M� 5.C.e Joint Adj. Reg./Special Meeting Minutes January 28, 2013 Mayor Morris stated that there had been some modification of the language in the proposed resolution. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [4 TO 31 00:29:25 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Virginia Marquez,Fred Shorett,Rikke Van Johnson,Wendy J. McCammack N NAYS: Robert D. Jenkins,John Valdivia, Chas A. Kelley Motion: To reconsider Agenda Item 3A. RESULT: ADOPTED [4 TO 31 00:34:34 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 0 AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack N N Motion: To add the words "waive full reading" to the motion and to approve the t change on page 1, lines 24 and 25 to strike the words "and Fiscal Year ° 2013/14" as noted by City Attorney Penman during discussion of Agenda Item 313. o RESULT: ADOPTED [4 TO 3] 00:35:19 c MOVER: Fred Shorett, Council Member,Ward 4 rn 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 M 3B. City Clerk °, RES. 2013-19 - Resolution of the Mayor and Common Council of the City of San ry Bernardino Adopting Terms and Conditions of Employment for the Police Safety o Employees Represented by the San Bernardino Police Officers Association (SBPOA) Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor E and Common Council on November 26,2012 by Resolution No. 2012-27. Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed a resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. C Mayor and Common Council of the City of San Bernardino Page 4 PacketPg. 87 S.C.e Joint Adj. Reg./Special Meeting Minutes January 28, 2013 RESULT: ADOPTED [4 TO 31 00:32:36 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson,Wendy J. McCammack NAYS: Robert D. Jenkins, John Valdivia, Chas A. Kelley 3C. City Clerk M RES. 2013-20 - Resolution of the Mayor and Common Council of the City of San N Bernardino Adopting Terms and Conditions of Employment for the Fire Safety Unit Employees Represented by the San Bernardino City Professional Firefighters (SBCPF), Local 891, Consistent with Certain Provisions of the City's Pendency Plan, adopted by the Mayor and Common Council on November 26,2012 by Resolution No. 2012-27. a v Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. U C Motion: Waive full reading; and Adopt the Resolution, as amended. o U RESULT: ADOPTED 14 TO 31 00:37:15 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member,Ward I s rn AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson, Wendy J. McCammack w NAYS: Robert D. Jenkins, John Valdivia, Chas A. Kelley o U v 3D. City Clerk a RES. 2013-21 - Resolution of the Mayor and Common Council of the City of San m Bernardino Adopting Modifications to the Retiree Health Insurance Payments for Police Of Safety and Police Management Employees in Accordance with the City's Pendency Plan, Item #8, adopted by the Mayor and Common Council on November 26, 2012 by a Resolution 2012-27. M 0 Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. N 0 Motion: Waive full reading; and Adopt the Resolution, as amended. d E U tC RESULT: ADOPTED [5 TO 21 00:39:40 a MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Shorett,Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 5 S.C.e Joint Adj. Reg./Special Meeting Minutes January 28, 2013 3E. City Clerk RES. 2013-22 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Terms and Conditions of Employment for San Bernardino Management/Confidential Association(SBCMA). Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. Motion: Waive full reading; and Adopt the Resolution, as amended. ,y O N RESULT: ADOPTED [5 TO 21 00:41:01 MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Jenkins, Shorett,Johnson,McCammack NAYS: John Valdivia, Chas A. Kelley 3 c 3F. City Clerk 3 RES. 2013-23 - Resolution of the Mayor and Common Council of the City of San c0 Bernardino Adopting Terms and Conditions of Employment for San Bernardino Fire r Management Association (SBFMA)Unit Employees. M N Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed rni resolution before the vote. 0 Motion: Waive full reading; and Adopt the Resolution, as amended. RESULT: ADOPTED [5 TO 21 00:45:00 m MOVER: Fred Shorett, Council Member, Ward 4 0, d SECONDER: Rikke Van Johnson, Council Member, Ward 6 0: AYES: Marquez, Jenkins, Shorett,Johnson, McCammack a NAYS: John Valdivia, Chas A. Kelley r O N 3G. City Clerk N Resolution of the Mayor and Common Council of the City of San Bernardino Adopting o Modifications to Terms and Conditions of Employment for the Police Management Unit Employees. m E r v It was noted that there was no formal resolution on this item—that the City Attorney's office had not received any comments back from the Police Management Association until 3:15 this afternoon, and there were some changes they wanted. Motion: To continue to February 4, 2013. Mayor and Common Council of the City of San Bernardino Page 6 ' Packet Pg. 89 5.C.e Joint Adj. Reg./Special Meeting Minutes January 28, 2013 RESULT: CONTINUED [UNANIMOUS] Next: 2/4/2013 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 00:47:41 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack 311. City Clerk RES. 2013-24 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Terms and Conditions of Employment for General Unit N Employees, Represented by the International Union of Operating Engineers (IUOE). T Senior Assistant City Attorney Jolena Grider identified the modifications to the proposed resolution before the vote. N d Motion: Waive full reading; and Adopt the Resolution, as amended. - S RESULT: ADOPTED [5 TO 21 00:49:24 G MOVER: Fred Shorett, Council Member, Ward 4 0 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Shorett, Johnson, McCammack M 'I NAYS: John Valdivia, Chas A. Kelley V 4. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA o There were no public comments. U v a 5. ADJOURNMENT The meeting adjourned at 6:53 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:00 p.m., Monday, February 4, 2013. a M O GEORGEANN"GIGI"HANNA City Clerk 0 c By E Linda E. Hartzel Deputy City Clerk a C Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.90