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HomeMy WebLinkAbout11-19-2012 Jt. Reg Mtg Minutes �OF�NaknlNO City of San Bernardino Mayor Patrick J. Morris 4 ' Council Members 300 North "D" Street w Virginia Marquez ° o San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett °t yoFU t�vex° 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 CMAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, NOVEMBER 19, 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 1:36 p.m., Monday, November 19, 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 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 1:30 p.m. Rikke Van Johnson Council Member, Ward 6 Present 1:30 p.m. Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m. Patrick J. Morris Mayor Present 1:30 p.m. James F. Penman City Attorney Present 1:30 p.m. ® Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. Andrea Travis-Miller City Manager Present 1:30 p.m. Mayor and Common Council ojthe City of San Bernardino Pagel Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 1. Closed Session — Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: United States Department of Housing and Urban Development v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: City v. Doshi City v. Golec City v. Wells Fargo 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 Mid-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. © Moment of Silence A moment of silence was observed in memory of Lieutenant Colonel Donald Cummings. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 Invocation/Pledge of Allegiance The invocation was given by Pastor John Frederick from Faith Bible Church. The Pledge of Allegiance was led by Council Member Jenkins. 2. Appointments There were no commission appointments. 3. Presentations 3A. Students of the Month -- Jacqueline Martinez, Senior at San Bernardino High School and Jose Nuflo, Senior at Pacific High School-- Council Member Jenkins 311. Chamber of Commerce Announcements -- In addition to announcements, Jim Gerstenslager read into the record a letter to the Mayor and Common Council from the Chamber of Commerce 4. Announcements -- Mayor, Members of the Common Council, and Elected Officials During his announcements, City Attorney Penman introduced Steven Graham, who recently passed the bar, and indicated that he would like the Council to take action to appoint Mr. Graham to the position of Deputy City Attorney I, as a replacement for a Deputy City Attorney IV, who recently left the City. Please see Agenda Item Nos. 7B (� and l0A for the action taken. 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 November 19, 2012. RESULT: ADOPTED [UNANIMOUS] 01:49:24 t MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5B. Community Development ORD. MC-1381 - Ordinance of the City of San Bernardino to Amend Title 19 of the San Bernardino Municipal Code, Land Use/Subdivision Regulations, Also Known as the San Bernardino Development Code, to Bring the Development Code into Compliance with Certain State Laws and the San Bernardino General Plan, to Add Land Use Definitions and Amend Development and Administration Processes Standards Within the QDevelopment Code. (FINAL READING) ' 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 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 01:49:24 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack 5C. Public Works ORD. MC-1382 - Ordinance of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Establish a 40 M.P.H. Speed Limit on Northpark Boulevard Between Campus Parkway and Electric Avenue. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 01:49:24 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 6. Public Hearings 6A. Public Works RES. 2012-262 - Resolution of the City of San Bernardino Changing the Name of Palm Meadows Drive, East of Tippecanoe Avenue, to Central Avenue Within the Corporate Limits of the City of San Bernardino. Mayor Morris opened the hearing. No public comments were received. Motion: Close the hearing; and adopt the Resolution. �I RESULT: ADOPTED [UNANIMOUS] 02:08:21 1 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack j Mayor and Common Council of the City ojSan Bernardino Page 4 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 7. Staff Reports C7A. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Fiscal Year 2012/13 and Fiscal Year 2013/14 General Fund Budgets as revised by the changes described in this report, which incorporate by reference the Pre-Pendency Plan including the 9-Point Adjustment Plan adopted on September 5, 2012, and the revised Fire Department adjustments adopted on October 1, 2012; and authorize the continuation of the Fiscal Emergency through June 30, 2014, as adopted by Council Resolution No . 2012-205 of the Mayor and Common Council adopted on July 16, 2012; and authorize the City Manager to appropriate 1/12 of the Fiscal Year 2010/11 operating budget per month through December 31, 2012. Michael Busch, President, Urban Futures, stated that the City is faced with four critical areas that were taken into consideration as his firm and staff worked through the development of the Pendency Plan, as follows: • Protection of the Health, Safety and Welfare of the Residents • Budget Obligations—Improve the Liquidity of the City • Position the City for the Future • Improve Budgetary Controls and Policies Mr. Busch reviewed the material in the agenda back-up for the Council. ® Public Comments: Evelyn Alexander, San Bernardino, CA Deidre Rodriguez, San Bernardino Public Employees Association Claudia Oakes, San Bernardino, CA Larry Sharp, San Bernardino, CA Stephen Johns, City employee, San Bernardino, CA Steve Turner, San Bernardino Police Department, Mike Potter, San Bernardino, CA Jim Smith, San Bernardino, CA Motion: Continue to 3 p.m., Monday, November 26, 2012, in the Council Chamber. RESULT: CONTINUED 16 TO 1] Next: 11/26/2012 3:00 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett 04:44:05 Mayor and Common Council of the City ojSan Bernardino Page 5 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 7B. Civil Service CPersonnel Actions—Classified Council Member Jenkins made a motion, seconded by Council Member Valdivia, to add the Unclassified personnel action, appointment of a Deputy City Attorney I, to the Classified personnel actions. No vote was taken. Substitute Motion: To separate the Reduction in Force personnel actions, #sl-7 and #s12-15 from the other personnel actions. RESULT: ADOPTED [UNANIMOUS] 01:04:56 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Council Member McCammack made a motion, seconded by Council Member Jenkins, to approve the Unclassified personnel action brought forward by City Attorney Penman, the Fire Promotion personnel action#8, and the personnel action appointments#s 9-11. No vote was taken. Council Member Johnson stated that he would like to see the Fire promotion pulled out because this position is built into the Pendency Plan, and since it is dealing with a constant manning issue, he did not think it should be addressed at this time. Amended Motion: To pull out the Fire promotion personnel action #8; and approve the Unclassified action and the personnel action appointments #9 through #11. RESULT: ADOPTED 16 TO 11 01:08:17 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett Motion: To approve the Fire Promotion personnel action#8 RESULT: ADOPTED [4 TO 31 01:09:52 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson C _ _ -..-------- ----- -- -- -- . Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 Council Member Valdivia made a motion, seconded by Council Member Kelley, to approve the Reduction in Force personnel action#s 1-7 and 12-15. Public Comments: Stephen Johns, City employee, San Bernardino, CA Substitute Motion: To approve personnel action#s1-5 and#s12-15. RESULT: ADOPTED [UNANIMOUS] 01:44:25 MOVER: Wendy J. McCammack, Council Member, Ward 7 1 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Motion: To table personnel actions #6 and #7, and have the City Manager work with the department head and the City Attorney's office and make sure we are doing everything in our power to manage this part of the City's obligation to the County and to the State properly; and if there is a way, to work with the Water Department to infuse some funds to double up on some of these responsibilities. RESULT: ADOPTED 16 TO 11 01:45:18 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Johnson, McCammack NAYS: Chas A. Kelley 7C. Community Development Direct the Community Development Director to Issue "Request for Proposals for Board Up Abatements -Various Locations" Public Comments: Draymond Crawford,City employee, San Bernardino, CA Stephen Johns, City employee, San Bernardino, CA Motion: Direct the Community Development Director to Issue "Request for Proposals for Board Up Abatements - Various Locations" Forthwith, Including the Approval and Implementation of the Timeline Discussed in the Request for Bid. RESULT: ADOPTED [UNANIMOUS] 05:02:23 MOVER: Chas A. Kelley, Council Member, Ward 5 Q , SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 7 Printed 1210612011 Joint Regular Meeting Minutes November 19, 2012 7D. Community Development �.. Direct the Community Development Director to Issue a Request for Proposals for Contract Building Official Motion: Direct the Community Development Director to Issue "Request for Proposals for Contract Building Official" Forthwith Including the Approval and Implementation of the Timeline Discussed in the Attached Request for Proposals. RESULT: ADOPTED [5 TO 21 05:20:09 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson i NAYS: John Valdivia, Wendy J. McCammack 7E. Community Development RES. 2012-275 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with Transtech Engineers, Inc. for Interim Building Official Consultant Services. Council Member Kelley made a motion, seconded by Council Member Shorett, to Adopt the Resolution. (The original resolution title was for an agreement between the City and JAS Pacific.) No vote was taken. Submitted into the record was a packet containing the following items: • E-mail from Henry Emperio to Margo Wheeler and Lisa Sherrick dated November 15, 2012, Subject: Resolution 2096 was Rejected • Municipal Code Section 3.04.085, Services • Interoffice Memorandum dated September 2, 2003, from Mayor Judith Valles to Fred Wilson, City Administrator; Gary Van Osdel, Executive Director, EDA; All City and EDA Department Heads, regarding Executive Order 2003-1, Local Business Preference for Contractual Services Also submitted into the record were copies of the bid proposals for Building Official Services submitted by Transtech, dated November 6, 2012, and Willdan Engineering, dated November 8, 2012. Deputy City Attorney Empefto advised that JAS Pacific was a business located in Upland; however, two other local businesses had submitted proposals—Transtech and Willdan Engineering—and spoke regarding the City's local bid preference policy. He stated that staff had contacted Transtech and Willdan to see if they would match the bid made by JAS Pacific. Transtech had stated that they would match the bid of JAS Pacific of$95/hour. Willdan had advised that they could drop their price to $110/hour. OSubstitute Motion: To direct the City Manager to accept a modified proposal from Transtech and adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 1110611011 Joint Regular Meeting Minutes November 19, 2012 RESULT: ADOPTED [UNANIMOUS] 05:28:06 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7F. Council Office Bankruptcy Pendency Items Relating to Public Safety (Police and Fire) Heard by the Public Safety Ad Hoc Committee Prior to Going to Full Council for Recommendation Public Comments: Evelyn Alexander, San Bernardino, CA Claudia Oakes, San Bernardino, CA Larry Sharpe, San Bernardino, CA All speakers expressed opposition due to pendency timelines. Motion: That any bankruptcy pendency items relating to public safety (Police and Fire) be heard by the Public Safety Ad Hoc Committee prior to going to full council for recommendation. RE US LT FAILED [2 TO 51 05:31:32 MOVER: John Valdivia, Council Member, Ward 3 QSECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: John Valdivia, Chas A. Kelley NAYS: Marquez, Jenkins, Shorett, Johnson, McCammack 7G. Council Office Elimination of the Call Center Motion: To Table. RESULT: TABLED [UNANIMOUS] 05:52:49 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack 7H. Public Works Approval of Amendments to Existing Agreements with Burrtec and Republic, and Directing Staff to Draft Formal Written Amendments to be Approved by the Mayor and Common Council 0 Jim Smith, Interim Director of Public Works, stated that staff had met with Burrtec and Republic regarding amendment of the existing contracts for bringing trash to material recovery facilities. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 City Attorney Penman advised that it is an amendment to current agreements and would need to be adopted by resolutions. Council Member Kelley made a motion, that the Council extend the agreements on a month-to-month basis in a form acceptable to the City Attorney and authorize the City Manager to negotiate with Burrtec and Republic to receive pricing for a five-year term. Council Member McCammack asked the motion maker for an amendment to direct staff to draft amendments to existing agreements with Burrtec and Republic consistent with the parties intentions, on a month-to-month basis in a form and content acceptable to the City Attorney and authorize the City Manager to negotiate with Burrtec and Republic to receive pricing for three, five, and ten-year terms, and bring back to the full Council for final approval. (Note: Following discussion, the pricing for a three-year term was dropped.) Amended Motion: Direct Staff to Draft Amendments to Existing Agreements with Burrtec and Republic, consistent with the parties' intentions, on a month-to-month basis, in a form and content acceptable to the City Attorney, and authorize the City Manager to negotiate with Burrtec and Republic to receive pricing for five-year and ten-year terms and bring them back to the Mayor and Common Council for final approval. © RESULT: ADOPTED [UNANIMOUS] 05:56:30 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett,Kelley, Johnson, McCammack 7I. Public Works RES. 2012-276 - Resolution of the City of San Bernardino Authorizing Execution of a Cooperative Agreement with the County of San Bernardino for Citrus Street and Sterling Avenue Storm Drain Improvements. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 06:01:30 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 7J. Public Works RES. 2012-277 - Resolution of the Mayor and Common Council of the City of San Q Bernardino Approving an Agreement with MCM Construction, Inc., for a Design and Build Project to Remove Existing Shoring and Install Replacement Temporary Shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards (Bridge No. 54C-0066). Mayor and Common Council of the City of San Bernardino Page 10 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 06:02:02 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 8A. City Manager RES. 2012-263 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving a Short Sale and Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants Relating to Real Property Located at 1460 Kendall Drive, #48, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8B. City Manager RES. 2012-264 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving a Short Sale and Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants Relating to Real Property Located at 5585 Aster Street, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. Mayor and Common Council of the City of San Bernardino Page 11 Printed 1210612012 I Joint Regular Meeting Minutes November 19, 2012 (� RESULT: ADOPTED [6 TO 1 1 02:09:16 \r MOVER: Chas A. Kelley, Council Member Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8C. City Manager RES. 2012-265 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving a Short Sale and Authorizing the Reconveyance of the Deed of Trust and Termination of Covenants Relating to Real Property Located at 808 West 26th Street, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 1] 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8D. City Manager RES. 2012-266 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2813 Crescent Avenue, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED 16 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 12 Printed/2/06/20!2 Joint Regular Meeting Minutes November 19, 2012 8E. City Manager ,. RES. 2012-267 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 3395 North Mayfield, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8F. City Manager RES. 2012-268 — A Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 3248 Greystone Road, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED 16 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8G. City Manager RES. 2012-269 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 3577 Wall Avenue, San Bernardino, California. Motion: Adopt the Resolution, subject to confinnation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal ® authority to take this action. Mayor and Common Council ofthe City ofSaa Bernardino Page 13 Printed 1210612012 Joint Regular Meeting Minutes November 19, 2012 RESULT: ADOPTED [6 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8H. City Manager RES. 2012-270 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 5904 Robin Road, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 11 02:09:16 j MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8I. City Manager RES. 2012-271 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 597 East 29th Street, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 0 Mayor and Common Council of the City of San Bernardino Page 14 Printed 12106/2012 Joint Regular Meeting Minutes November 19, 2012 8J. City Manager RES. 2012-272 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Termination and Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real Property Located at 218 East Temple Street, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED [6 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack NAYS: John Valdivia 8K. City Manager RES. 2012-273 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Termination and Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real Property Located at 3456 North Sierra Way, San Bernardino, California. Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. RESULT: ADOPTED 16 TO 11 02:09:16 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 8L. City Manager RES. 2012-274 - Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Termination and Full Reconveyance of a Restrictive Covenant and Deed of Trust Relating to Real Property Located at 4905 Lakewood Drive, San Bernardino, California. ® Motion: Adopt the Resolution, subject to confirmation and approval of special counsel Tom Clark that the Mayor and Common Council have the legal authority to take this action. Mayor and Common Council ofthe City of San Bernardino Page 15 Printed 1 110 6/1 0 1 1 Joint Regular Meeting Minutes November 19, 2012 RESULT: ADOPTED [6 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: John Valdivia 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, announced her race for mayor and said she'd be happy to help the Council with the budget if they needed it. Barbara Babcock, spoke about spending less on things we don't need and wished everyone a Happy Thanksgiving. 10. New Business 10A. Unclassified Personnel Action - Appointment of Steven Graham to the position of Deputy City Attorney I Submitted into the record by Jolena Grider, Senior Assistant City Attorney, dated 11/19/2012, was a Request for Council Action for the appointment of Steven Graham as a Deputy City Attorney I in the City Attorney's office. Motion: That the matter arose subsequent to the posting of the agenda. RESULT: ADOPTED [6 TO 11 01:00:02 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Fred Shorett --------------------- Note: See Agenda Item No. 7B for the actual motion that approved the appointment of Mr. Graham, as it was combined with the classified personnel actions. Mayor and Common Council of the City of San Bernardino Page 16 Primed 12 10612012 Joint Regular Meeting Minutes November 19, 2012 C�""` 11. Adjournment At 9:25 p.m. the meeting adjourned to 3:00 p.m., Monday, November 26, 2012, in the Council Chambers. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Monday, December 3, 2012, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. I GEORGEANN"GIGP'HANNA t� City Clerk By: QStwa� G Linda E. Hartzel Deputy City Clerk C Mayor and Common Council ojthe City ojSan Bernardino Page 17 Printed 1210612012