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Home My WebLink About12-17-2012 Jt. Reg Mtg Minutes City of San Bernardino Mayor Patrick J. Morris ` 300 North "D" Street Council Members Virginia Marquez San Bernardino CA 92418 g q ;• Robert D. Jenkins http://www.sbcity.org John Valdivia ' Fred Shorett o ict Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT 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 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 MONDAY,DECEMBER 17, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:37 p.m., Monday, December 17, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. Robert D. Jenkins Council Member Ward 2 Present 1:30 p.m. John Valdivia Council Member, Ward 3 Present ; 1:30 .m. Fred Shorett Council Member, Ward 4 Present_ 1:30 p.m. .........4.._ Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m. Rikke Van Johnson Council Member, W 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. .lames F. Penman City Attorney Present 1:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. Andrea Travis-Miller City Manager Present 1:30 p.m. Mayor and Common Council of the City of San Bernardino Page] Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 1. Closed Session — Pursuant to Government Code Section(s): 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: State of California, Department of finance Letter, December 2012 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 public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Police Safety Police Management Fire Safety Fire Management Middle Management General Management/Confidential 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. Invocation/Pledge of Allegiance The invocation was given by Reverend David McLaughlin from St. Paul's United Methodist Church. The Pledge of Allegiance was led by Allen Lopez, a sixth grade student from Davidson Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 2. Appointments There were no Commission appointments. i 3. Presentations 3A. Student of the Month -- LaShane Donelson from Middle College High School -- Council Member Valdivia 3B. Resolution of Commendation -- Former 43rd District Congressman Joe Baca -- Council Member Kelley 3C. San Bernardino Police Department Annual Awards Ceremony 3D. Chamber of Commerce Announcements—Jim Gerstenslager 4. Announcements -- Mayor, Members of the Common Council, and Elected Officials Acting City Manager Andrea Travis-Miller distributed a document titled, City of San Bernardino, Budgetary Analysis and Recommendations for Budget Stabilization, with a redline date of December 13, 2012. Police Chief Handy provided information regarding response times. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated December 17, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. Community Development ORD. MC-1384 - An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8) to Allow 16-Foot Tall Fences and Walls Behind Required Yards on Properties Located within the Industrial Land Use Districts. (FINAL READING) Council Member Shorett stated that he could not support 16-foot fences, even though he understands the need and the concerns for security. Mayor and Common Council of the City of San Bernardino Page 3 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Motion: Adopt the Ordinance. RESULT: ADOPTED [5 TO 2] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 i AYES: Marquez, Jenkins, Kelley, Johnson,McCammack NAYS: John Valdivia, Fred Shorett 1 5C. Community Development ORD. MC-1383 —An Ordinance of the City of San Bernardino Amending 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 Amend Development and Administration Processes Standards Within the Development Code. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack SD. Community Development ORD. MC-1385—An Ordinance of the City of San Bernardino Amending Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Revise the Standards Contained Within Chapter 19.70, Temporary Use Permits. (FINAL READING) Motion: Adopt the Ordinance. ......._ ..........._.__ _.�.... .____._ . _ .................._ RESULT: ADOPTED [6 TO 11 i MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 j AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack i NAYS: John Valdivia ............ 6. Public Hearings 6A. Community Development RES. 2012-284 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Tract Map No. 17703-1, Located on the South Side of Northpark Boulevard Between University Parkway and Ash Street in the CG-2, Commercial General Land Use District, Accepting the Public Dedications as Set Forth on Mayor and Common Council of the City of San Bernardino Page 4 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Said Map; and Authorizing Execution of the Standard Form of Agreement for the Improvements in Said Subdivision, with Time for Performance Specified. Mayor Morris opened the hearing. No public comments were received. i l m Motion: Close the hearing; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ...................... .................. ..................J 7. Continued Items 7A. City Clerk RES. 2012-285 - Resolution of the Mayor and Common Council of the City of San Bernardino and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2010-395, Appendix A of the City's Conflict of Interest Code. Motion: Adopt the Resolution, with the position of Assistant City Clerk remaining in Appendix A. RESULT: ADOPTED [UNANIMOUS] j MOVER. John Valdivia, Council Member, Ward 3 ISECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack .._............._ _.. _. _..__....._...... ... ............ .... ......_ _.... ._ . ........ ........... _ ...... 7B. City Clerk RES. 2012-286 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Local Appointments List and Designating the Norman F. Feldheym Central Library as the Public Library to Receive a Copy of the Local Appointments List(The Maddy Act). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack j Mayor and Common Council of the City of San Bernardino Page 5 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 7C. Human Resources RES. 2012-287 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the First Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator Services. Council Member McCammack made a motion, seconded by Council Member Johnson to adopt the Resolution. (No vote was taken.) Council Member Jenkins stated that he would like to see the contract increased by $25,000 rather than the recommended $50,000, and bring the matter back to the Council if additional funds are needed. Substitute Motion: To increase the contract by an additional $25,000 and then report back to the Council if another increase is needed. RESULT: ADOPTED [5 TO 11 MOVER: Wendy McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Virginia Marquez, Fred Shorett ... _... ........... __ .......... Note: The Council noted that they had not received a status report of purchase orders and contracts under$25,000 since June and requested an updated report. 7D. Public Works Set Public Hearing on February 18, 2013 Regarding Amending Rate Resolution 2008- 433 to Implement CPI Todd Housley, Integrated Waste Division Manager, advised that a 9.8 percent increase would amount to $2.24 per month to the basic residential rate, and that for businesses it would depend on the level of service, but it would be 9.8 percent above what they are paying now. He stated that there are 45,000 residential accounts, which would equate to an approximately $180,000 increase per year; and on commercial accounts it would equate to approximately$250,000 to $300,000 annually. Motion: Set Public Hearing on February 18, 2013 to Amend Resolution 2008-433 to Implement CPI Increases from 2008 to present. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack I _____ ______.._..—.__.__. _- -- _ -_-- __..__._ _.... _. __..._.� Mayor and Common Council of the City of San Bernardino Page 6 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 8. Staff Reports 8A. City Attorney RES. 2012-288 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Memorandum of Understanding Between the City of San Bernardino and the Martin Luther King Statue Restoration Committee and the San Bernardino Black Cultural Foundation Granting the Committee Authority to Raise Funds and Oversee the Restoration of the Memorial Statue of Dr. Martin Luther King Jr. Located in Front of City Hall. City Attorney Penman stated that this item had been put together quickly because Dr. King's birthday is approaching very shortly and the committee would like to get the work done by then; therefore, there is a possibility that they might need to do some more fine tuning on the actual agreement. Because of that, he asked the Mayor and Council to authorize the Mayor and City Attorney to agree to changes in the agreement provided that no additional liability or cost to the City result. (Note: The Council provided verbal approval of Mr. Penman's request.) He added that normally the City requires indemnification agreements and insurance; however, they have not done so in this case because the Martin Luther King statue committee and Black Cultural Foundation are coming up with all the money themselves and they believe the risk to the City is minimal and the statue obviously needs to be repaired and the City does not have the funds to do it. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 r r SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack a 8B. City Attorney RES. 2012-289 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement with Chadwick J. Bradbury for Collection Services. Submitted into the record was an interoffice memorandum dated December 17, 2012, from James F. Penman, City Attorney, to the Mayor and Common Council, regarding Agenda Item No. 8B. Also submitted into the record by the City Attorney's office was an updated redline copy of the Professional Services Agreement for the Retention of Special Counsel for ACP Collections and Receivership/Rehabilitation Actions. Said agreement was for the services of Chadwick J. Bradbury. Council Member Shorett stated that he thought the retainer was unnecessary. It was noted that the Mayor and Council would receive monthly status reports. Mayor and Common Council of the City of San Bernardino Page 7 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 j SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett 8C. City Manager RES. 2012-290 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Revised Community Development Block Grant (CDBG) Public Service Application for 2013-2014. Motion: Adopt the Resolution. _ ..- ._ RESULT: ADOPTED [UNANIMOUS] i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson,McCammack ...... __.__.�___ __. Mir 8D. City Manager RES. 2012-291 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Implementation of the Public Employees' Pension Reform Act of 2013 (PEPRA) and Related Public Employees' Retirement Law (PERL) Amendments Which Shall Become Applicable and Effective January 1, 2013. Motion: Adopt the Resolution. _ ....... .... _.................. .. ........... RESULT: ADOPTED [UNANIMOUS] I MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 1 ! AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack ...._. _ ....................... .. ... 8E. Civil Service Personnel Actions - Classified It was noted that a revised list of classified personnel actions had been submitted which included the appointment of a part-time dispatcher for the Fire Department. 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. i Mayor and Common Council of the City of San Bernardino Page 8 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 RESULT: ADOPTED [UNANIMOUS] 1 ; MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8F. Community Development RES. 2012-292 - Resolution of the Mayor and Common Council of the City of San Bernardino Directing the Community Development Director to Issue "Request for Proposals for Asbestos Services for Various Locations." Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 I SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack c 8G. Council Office 2012 National League of Cities (NLC) Congress of Cities and Exposition in Boston, Massachusetts Council Member Kelley provided a brief overview, including information regarding solar speed signs and military banner programs. No official action was taken. 8H. Police RES. 2012-293 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order for Three Years with Three One-Year Renewal Options to Platinum Security, Inc., for Security Guard Services at the Feldheym Library and the San Bernardino Metrolink Station. i Council Member Valdivia asked Police Chief Handy to encourage the Security Guard Company to be more proactive in and around the parking structure at the Metrolink Station. Council Member McCammack stated that the City has been funding this expense for quite some time and really needs to get other agencies to step up to the plate to help with the costs at the Metrolink station. Council Member Jenkins advised that at the committee level he had voted "no" on this; however, due to conversations he had with the Chief, he will vote in favor of this with the hope that they can reach an agreement with SANBAG to offset the cost. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Mayor Morris noted that the property belongs to the City, as does the landscaping; and the MOUs crafted 20 years ago between Metrolink and all 50 cities on the Metrolink system in five counties require that the City's maintain and landscape their stations. The multi-tier parking structure was a major SANBAG investment of $7 million to our benefit, and every day hundreds of people park there and it is a benefit to the City. Motion: Adopt the Resolution; and authorize the Director of Finance to amend the proposed FY 2012/13 Public Works Department budget by transferring part-time security guard salaries of $95,000.00 in Account No. 001-400- 0037-5505 to the Police Department Downtown Security Contractual Services program budget, Account No. 001-210-0033-5502. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack . .................................... ....... .. .... _ ...................................._ ...__ .............. . --I 8I. Public Works RES. 2012-294 — A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Amendment to the Fiscal Year 2011/12 Adopted Budget for the Engineering, Construction and Management of the Rancho Avenue Pavement Project, City Project No. 7381 (SSO4-048); the Windsor Drive Pavement Project, City Project No. 7908 (SS11-012) and 7905 (SS11-015); the 21" Street Project, City Project No. 7933 (SS12-006); and the Perris Hill Park Road Project, City Project No. 5504 (SS12-009). Motion: Adopt the Resolution. RESULT: ADOPTED 16 TO 01 4 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson l ABSTAIN: Wendy J. McCammack 8J. Public Works RES. 2012-296 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern California Edison Company Across a Portion of City Owned Property Generally Located on the North Side of Base Line Street, East of Meridian Avenue. Council Member Kelley suggested that City staff talk to Edison regarding their utility cuts and maintenance of their easements, both of which are substandard. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Printed 1211812012 i Joint Regular Meeting Minutes December 17, 2012 RESULT: ADOPTED 16 TO I] j MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 8K. Public Works A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement for Municipal Waste Hauling to Burrtec Waste Industries, Inc. Pursuant to San Bernardino 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. Note: Agenda Item Nos. 8K and 8L were taken simultaneously. Public Comments: Steve Rogers, Redlands, CA Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 81,; direct the City Attorney and the City Manager to return with new contracts, including the substance of the agreements on today's agenda, on January 7, 2013; and direct the City Manager to issue purchase orders today to Burrtec Waste Industries, Inc. and to Republic Services of Southern California, LLC, for the pro-rata amounts in the agreements through January 7, 2013. RESULT: ADOPTED [6 TO 1] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack l ii NAYS: Fred Shorett 8L. Public Works A Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement for Municipal Waste Hauling to Republic Services of Southern California, LLC, Pursuant to San Bernardino 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. Public Comments: Steve Rogers,Redlands, CA Mayor and Common Council of the City of San Bernardino Page 11 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Motion: Approve the substance of the contracts in Agenda Item Nos. 8K and 8L; direct the City Attorney and the City Manager to return with new contracts, including the substance of the agreements on today's agenda, on January 7, 2013; and direct the City Manager to issue purchase orders today to Burrtec Waste Industries, Inc. and to Republic Services of Southern California, LLC, for the pro-rata amounts in the agreements through January 7, 2013. RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett 8M. Public Works RES. 2012-295 - Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to All American Asphalt, Corona, California, for Pavement Rehabilitation on Four City Streets: Rancho Avenue, from Rialto Avenue to Foothill Boulevard, Plan No. 12482 (SSO4-048); Windsor Drive, from Baseline Street to Gilbert Street, Plan No. 12803 (SS11-012 & SS11-015); 21st Street, from Valencia Avenue to Perris Hill Park Road, Plan No. 12818 (SS12-006); and Perris Hill Park Road, from 21st Street to Pacific Street, Plan No. 12824 (SS 12-009). Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 J SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 9. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 9A. City Manager RES. 2012-297 - A Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Determining Certain Loan Agreements, Promissory Notes, Deed of Trust(s) And/Or Covenants Relating to Certain Real Property Are Housing Assets and Authorizing the Transfer of Said Housing Assets from the Former Redevelopment Agency to the City in Its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino. I Mayor and Common Council of the City of San Bernardino Page 12 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 Public Comments: Stephen Johns, City employee, San Bernardino, CA, inquired whether the City, as the successor agency, was liable for the property taxes on all the properties owned by the Economic Development Agency. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia s 10. New Business 10A. Unclassified Personnel Action—Appointment of Chris Vogt to the position of Director of Public Works—effective December 26, 2012 Motion: That the matter arose after the posting of the agenda. RESULT: ADOPTED [4 TO 3] MOVER: Chas Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Shorett, Kelley, Johnson NAYS: Robert D. Jenkins, John Valdivia, Wendy McCammack Note: Council Member Jenkins was the seconder of the motion, however, after the vote was taken, but prior to the vote to appoint Mr. Vogt, he changed his vote to a"no." Public Comments: Steve Rogers, Redlands, CA Motion: Approve the appointment of Chris Vogt to the position of Director of Public Works, effective December 26, 2012 RESULT: ADOPTED 16 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 i SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 13 Printed 1211812012 Joint Regular Meeting Minutes December 17, 2012 11. Public Comments Peggi Hazlett, San Bernardino, spoke about a recent carjacking in San Bernardino and praised the Police Department's reaction. Nick Gonzalez, San Bernardino, spoke about an incident regarding translation at a Lytle Creek neighborhood association meeting. Matt Owen, San Bernardino, spoke about his plan for sustainable development in San Bernardino. Betty Jean Long, San Bernardino, spoke about losing her cell phone at Jack in the Box and asked for its return. Eulalee Walker, San Bernardino, spoke about a code enforcement fine for having dirt showing in her parkways. She said there is a problem with the code and the matter causes a lot of duress on senior citizens like herself. She said her new landscape is mowed and edged,but that the grass is young and coming up. Juan Figueroa, San Bernardino, expressed his gratitude and appreciation for those responsible for getting the lights along Mt. Vernon back on. He also criticized the construction on E street and decried lack of planning. 12. Adjournment At 8:26 p.m. the meeting was adjourned in memory of the 26 individuals who lost their lives in the New Town, Connecticut shooting. 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, January 7, 2013. GEORGEANN"GIGI"HANNA City Clerk By Linda Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 14 Printed 1211812012