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HomeMy WebLinkAbout08-06-2012 Jt. Reg Mtg. Minutes ARp City of San Bernardino Mayor Patrick J. Morris SP 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez http://www.sbcity.org Robert D. Jenkins John Valdivia '� do Fred Shorett G�pED Sty 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, AUGUST 6, 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 1:39 p.m., Monday, August 6, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. John Valdivia Council Member, Ward 3 Present 3:00 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m. Patrick J. Morris Mayor Present 1:30 p.m. James F. Penman City Attorney Present 1:30 p.m. Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. Andrea Travis-Miller i City Manager Present 1:30 p.m. Mayor and Common Council of the City of San Bernardino Pagel Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation- pursuant to Government Code Section 54956.9(a): Alvarez &Associates, et al. v. City, et al., San Bernardino County Superior Court No. CIVDS1103803; RDA v. Alvarez United States District Court No. EDCV 02-142-RSWL; RDA v. Alvarez, San Bernardino County Superior Court No. SCVSS 86091; Trott v. City, San Bernardino Unified School District, San Bernardino Superior Court, Case No. CIVDS 1203852. 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: OCity of San Bernardino, acting as Successor Agency to the Redevelopment Agency v. Economic Development Corp. and Affordable Housing Solutions. 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. IA, existing litigation: The petition filed by the City of San Bernardino in the Central District of California, Riverside,U.S. Bankruptcy Court, Petition No. 6:12-BK-28006. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 8/28/2012 Joint Regular Meeting Minutes August 6, 2012 City Attorney Penman announced that the following additional cases had been discussed in closed session: 1. A-19 Holistic v. City of San Bernardino,No. CIVDS 1109325 (Status hearing on petition set for 8/10/12) Department S35; 2. Alternative Solutions Patient Care v. City of San Bernardino, No. C1VDS1107100 (CMC set for 8/9/12) Department S34; 3. Arrow Alternative Remedies Inc. v. City of San Bernardino, No. CIVDS 1113316 (CMC and demurrer hearing set for 8/7/12) Department S35; 4. E Street Collective v. City of San Bernardino, No. CIVDS 1112694 (CMC set for 8/28/12) Department S37; 5. Greenstop Wellness Center v. City of San Bernardino,No. CIVDS 1112693 (CMC set for 8/28/12) Department S37; 6. I.E. Quick Stop Collective, et al. v. City of San Bernardino, No. DS 1203758 (Status Conference set for 11/19/12) Department S35; 7. Kush Concepts Collective v. City of San Bernardino, No. CIVDS 1109326 (Status hearing on petition set for 8/10/12) Department S35; 8. The Green Outdoors v. City of San Bernardino, No. CIVDS 1105941 (Status conference set for 8/6/12) Department S35; 9. West Coast Alternative Healthcare v. City of San Bernardino, No. CIVDSI 111411 (Status Conference set for 11/19/12) Department S35. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of Private First Class Jesus J. Lopez. Invocation/Pledge of Allegiance The invocation was given by Deborah Jones, Chaplain for Community Hospital of San Bernardino, and Pastor for Life Changing Ministries. The Pledge of Allegiance was led by Leslie Monroy, a sixth grade student at Urbita Elementary School. Mayor and Common Council ojthe City of San Bernardino Page 3 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 2. Presentations 2A. Certificates of Recognition -- Platinum FC Under 16 Girls US Youth Soccer Team-- Council Member Kelley Certificates were presented to the team members and coaches for winning the 2012 National President's Cup Championship. 2B. Chamber of Commerce Announcements - Jack Avakian 3. Announcements - Mayor, Members of the Common Council, and Elected Officials 4. Consent Calendar 4A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated August 6, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5. Continued Items 5A. City Clerk Council Minutes for meetings of April 2, 2012; April 3, 2012; and April 19, 2012 (Continued from July 16, 2012.). Staff requested a 30-day continuance. Motion: Continue the matter to the Council meeting of September 4, 2012. RESULT: CONTINUED [6 TO 11 Next: 9/4/2012 1:30 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 j AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Shorett Mayor and Common Council ojthe City of San Bernardino Page 4 Printed 811812012 Joint Regular Meeting Minutes August 6, 2012 511. Parks, Recreation & Community Services RES. 2012-207 –Resolution of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. (Continued from July 16, 2012.) Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6. Staff Reports 6A. City Attorney RES. 2012-208 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Arias & Lockwood to Represent the City Regarding the Case Entitled Michael Ray Madrigal, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 12-03286 JHN (OPx). Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City of San Bernardino regarding the case entitled Michael Ray Madrigal, et al. v. City of San Bernardino, et al., United States District Court, Case No: CV 12-03286 JHN(OPx); and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 — — AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 611. City Attorney RES. 2012-209 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Wagner & Pelayes to Represent the City and Any Designated Employee Regarding the Case Entitled Hector Briones, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 10-7571 CBM (OPx). Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Wagner & Pelayes to represent the City of © San Bernardino regarding the case entitled Hector Briones, et al. v. City of San Bernardino, et al., United States District Court Case No. CV 10-7571 CBM (OPx); and adopt Resolution. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 812812011 Joint Regular Meeting Minutes August 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 6C. City Attorney RES. 2012-210 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Legal Services Relating to Reorganization and Financial Restructuring. Motion: Adopt Resolution. 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 6D. City Attorney RES. 2012-211 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Hiring of Arias & Lockwood to Represent the City Regarding the Case Entitled Erik A. Brown v. City of San Bernardino, et al., United States District Court Case No. CV 12-2300 RJK(OPx). Motion: Authorize and direct the Mayor of the City of San Bernardino to execute on behalf of the City of San Bernardino the Professional Services Agreement with the law firm of Arias & Lockwood to represent the City of San Bernardino and any designated employee regarding the case entitled Erik A. Brown v. City of San Bernardino, et al., United States District Court, Case No: CV 12-2300 RJK (OPx); and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6E. City Attorney RES. 2012-212 — Resolution of the Mayor and Common Council of the City of San Bernardino Reaffirming the City of San Bernardino's Commitment to Open Government and to Compliance with the Ralph M. Brown Act. © Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 82812011 Joint Regular Meeting Minutes August 6, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6F. City Clerk Council Minutes for meetings of May 7, 2012; May 21, 2012; and May 31, 2012. Staff requested a 45-day continuance. Motion: Continue the matter to the Council meeting of October 1, 2012. RESULT: CONTINUED 16 TO 11 Next: 10/1/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Shorett 6G. City Clerk Council Minutes for meetings of March 5, 2012; and March 19, 2012. y Staff requested a 45-day continuance. Motion: Continue the matter to the Council meeting of October 1, 2012. RESULT: CONTINUED [6 TO 11 Next: 10/1/20121:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Shorett 6H. City Manaeer RES. 2012-213 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Amendment by the Civil Service Board of Rule 511 Regarding Reduction in Force. Andrea Travis-Miller, Acting City Manager, stated that the proposed amendment to Civil Service Rule 511 would change some of the timeframes employees have to respond to notices of layoff and were intended to reduce or compress those timeframes as part of the layoff process. O Specifically, under the proposed amendment, which was approved unanimously by the Civil Service Commission for recommendation to the City Council, the notice required of Department Heads to provide to the Chief Examiner the classes of employees that would be involved in possible layoff would change from 14 days to 2 days; it would reduce the Mayor and Common Council of the City of San Bernardino Page 7 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 timeframe for employees to give the City notice of their intent to utilize their bumping rights from 10 days to the end of the next working day; and it would compress the timeframe for individuals to appeal decisions related to bumping rights from 10 days to the end of the next working day. City Attorney staff distributed an amended resolution to the Mayor and Council. Public Comments: Pat Rogers, City employee, member and past president of the negotiating team for the San Bernardino Confidential Management Association; Bonnie Clark, San Bernardino Public Employees Association representing the Mid- Management Unit; Bob Goss, City employee; Stephen Johns, City employee; Kathy Reinboldt, San Bernardino, CA. Motion: Adopt Resolution, as amended. 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 61. City Manager RES. 2012-214 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Suspend, and/or Negotiate with Employees, Payouts for All Employees' Accrual Leave Bank Payoffs, Cash-Outs, or Sell-Backs. City Attorney staff distributed an amended resolution to the Mayor and Council. Public Comments: Stephen Johns, City employee; Pat Rogers, member of the negotiating team for the San Bernardino Confidential Management Association; George Swift, representing the City of San Bernardino's General Unit. Motion: Adopt Resolution, as amended, authorizing the City Manager to suspend payouts for all employees' accrual leave bank payoffs, cash-outs, or sell- backs. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 !^ SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 812712011 Joint Regular Meeting Minutes August 6, 2012 6J. City Manaeer RES. 2012-215 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Rust Consulting/Omni Bankruptcy to Provide Claims and Noticing Agent Services. Motion: Adopt Resolution. RESULT: ADOPTED 16 TO 01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSTAIN: McCammack . . 6K. Council Office Repeal the City Charter Public Comments: David Everett, Government Affairs Director for Associated Builders and Contractors in Southern California; Felix D'Amico, San Bernardino, CA; Ron Coats, San Bernardino, CA; Gloria Anderson, President of the League of Women Voters of San Bernardino; Mike Hartley, San Bernardino, CA; Rabbi Hillel Cohn, San Bernardino, CA; Scott Olson, San Bernardino, CA; Lillice Andreson, San Bernardino, CA; Stephen Johns, San Bernardino, CA; Tim Prince, San Bernardino, CA; Tammy Martin-Ryles, San Bernardino, CA; Roxanne Williams, member of Save Our San Bernardino, San Bernardino, CA; Roger Henderson, San Bernardino, CA; Debbie Matley, San Bernardino, CA; John Matley, San Bernardino, CA; Tracylyn Sherritt, San Bernardino, CA; Sharon Blechinger, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA, submitted several documents into the record regarding the City's bankruptcy and the San Bernardino International Airport; Larry Quiel, San Bernardino, CA; James Smith, San Bernardino, CA; Barbara Babcock, San Bernardino, CA; Lori Stalnaker, San Bernardino, CA. Motion: To repeal the City Charter. Mayor and Common Council ofthe City ojSan Bernardino Page 9 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 RESULT: FAILED [3 TO 41 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett, Rikke Van Johnson NAYS: Jenkins, Valdivia, Kelley, McCammack 6L. Human Resources Personnel Actions -Unclassified A revised staff report had been distributed to the Mayor and Council and submitted into the record which included an Administrative Analyst I position in the City Attorney's office. Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [4 TO 31 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Kelley, Johnson, McCammack j NAYS: Jenkins, Valdivia, Shorett j 6M. Parks. Recreation & Community Services RES. 2012-216 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Service Agreement and the Director of Finance to Issue an Annual Purchase Order in the Amount of $28,330, with a Contingency Amount of$5,000, to Inter Valley Pool Supply for Swimming Pool Chemicals (Chlorine and Acid) for FY 2012/13, with Two Additional Single-Year Renewal Options. Motion: Adopt Resolution. ..................._......... RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 6N. Public Works Request for Approval of Change Order No. 1 to New West Signal, Inc., for Repair, Replacement, and Upgrade of the Light System at Various Locations in the City of San Bernardino. Motion: Authorize the Director of Public Works to execute Contract Change Order Q No. One with New West Signal, Inc., for Repair, Replacement, and Upgrade of the Lighting System at Various Locations in the City of San Bernardino in the amount of$19,276.23. Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 812812012 Joint Regular Meeting Minutes August 6 2012 RESULT: ADOPTED [UNANIMOUS] V MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 60. Public Works RES. 2012-217 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution 2008-433 and Consolidating Resolution 2010-327 and Resolution 2010-328. Public Comments: Dr. Sharp, Sharp Chiropractic Clinic. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 6P. Public Works Resolution of the City of San Bernardino Approving Amendment No. I to Agreements for Services with the firms of Joseph E. Bonadiman & Associates, Inc., and Parsons Brinkerhoff for On-Call Surveying and Map Checking Support. Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20, 2012. -. RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 6Q. Public Works Resolution of the City of San Bernardino Approving Amendment No. 1 to Agreements for Services with KOA Corporation, RBF Consulting, Krueper Engineering & Associates, Inc., and Transportation Engineering and Planning, Inc., to provide On-Call Traffic Engineering Services. OStaff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20, 2012. Mayor and Common Council ofthe City of San Bernardino Page 11 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson, McCammack ABSENT: Valdivia I 6R. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2012/2013. Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia ® 6S. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution an Agreement and Issuance of a Purchase Order with TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/20/201212:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack ABSENT: Valdivia 6T. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to APW Construction, Inc. for Fencing Improvements on San Bernardino County Flood Control District Right-Of-Way Along the Northwest Side of Campus � , Parkway(SS08-001)Per Plan No. 12827. CStaff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 20, 2012. Mayor and Common Council of the City ojSan Bernardino Page 12 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 61J. Public Works Solicitation of Sealed Bids for Solid Waste Material Processing, Green Waste, Commingled Recycling and Construction and Demolition Debris Public Comments: Art Rivera, County of San Bernardino, Division Manager of Solid Waste Management; George Swift, City of San Bernardino General Unit representative; Charles Greenwood, City employee. Motion: Due to the recent bankruptcy filing and the contractual complexities the bankruptcy filing has caused, the City Attorney's office is directed to negotiate with both of the current refuse franchisees alternative refuse disposal options. —.._._._ RESULT: VOTE FOR APPROVAL VETOED BY MAYOR j MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Jenkins, Valdivia, Kelley, McCammack NAYS: Marquez, Shorett, Johnson No further action was taken on this item. 7. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE SAN BERNARDINO HOUSING AUTHORITY 7A. City Manazer Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving Amendment No. 1 to the Home Investment Partnership Act Fund Sub-Recipient Agreement by and Between Affordable Housing Solutions of San Bernardino, Inc., and the City of San Bernardino for the Administration of the Home Program. Staff requested a two-week continuance. OMotion: Continue the matter to the Council meeting of August 20, 2012. 1 hnzir and Common Council ofthe City of San Bernardino Page 13 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 8/20/2012 12:00 Pl\1 V MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack L ABSENT: Valdivia I 7B. City Manaaer RES. 2012-218 — Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Pursuant to a Request to Terminate and Fully Reconvey a Restrictive Covenant. (Continued from July 16, 2012.) Public Comments: Mr. Vasilakos. Motion: Approve this action and adopt the attached resolution authorizing the City's Housing Director to execute and record the Termination of HOME Program Affordable Housing Regulatory Agreement and Covenants. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 8. Public Comments on Items Not on the Agenda Mr. Saab, Al Sharifa Clinic, Muscoy, CA, spoke about the free care offered to the indigent at the clinic. He stated that they were grateful for receiving funding from the City in the past and asked for the ability to submit an application for continued CDBG funding. Ron Coats, San Bernardino, CA, spoke about his blog site. He stated that he has 24 ideas worthy of consideration and that a copy of his suggestions was placed at each Council member's seat at the dais. Beverly Reinboldt, San Bernardino, CA, spoke about a criminal incident recently in San Bernardino whereby she found a man stealing tools and electrical equipment from her business. She made a citizen's arrest and the man was cited and released. O Mayor and Common Council of the City ojSan Bernardino Page 14 Printed 812812012 Joint Regular Meeting Minutes August 6, 2012 9. Adjournment At 9:20 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, August 20, 2012. GEORGEANN"GIGI" HANNA City Clerk By r Linda Sutherland Deputy City Clerk "1 Mayor and Common Council ojthe City ojSan Bernardino Page 15 Printed 812812012