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HomeMy WebLinkAbout05.B- City Clerk5.8 , DOC ID: 1614 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION Council Minu[es From: Rachel G. Clark M/CC Meeting Date: 02/21/2012 Prepared by: Mayra Ochiqui, (909) 384-5002 Dept: City Clerk Ward(s): N/A Subject: Council Minutes Financial Imaact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council/Community Development Commission meetings of December 5, 2011, January 18, 2012, and January 23, 2012, as submitted. Supporting Documents: 12-OS-2011 Council Minutes (PDF) O]-18-2012 Council Minutes (PDF) 01-23-2012 Council Minutes (PDF) Updated: 2/15/2012 by Mayra Ochiqui Page 1 '. S,B:a MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, DECEMBER 5, 2011 COUNCIL CHAMBERS City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor Patrick J. Morris Council Members Virginia Marquez Rober[ A Jenkins Tobin Brinker Fred Shore[[ Chas A Kelley Rikke Van Johnson Wendy Mc Cammack a .~ 0 The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Patrick J. Morns at 1:40 PM, Monday, December 5, 2011, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name .Title Patrick J. Moms Mayor Virginia Marquez Council Member, Ward 1 Robert D. Jenkins Council Member, Ward 2 Tobin Brinker Council Member, Ward 3 Fred Shorett Council Member, Ward 4 Chas A. Kelley Council Member, Ward 5 Rikke Van Johnson Council Member, Ward 6 Wendy J. McCammack Council Member, Ward 7 James F. Penman City Attorney Rachel G. Clark 'City Clerk Status Arrived Present Present Present Late 3:05 PM Present Late 1:47 PM Present Present Present Present Present 1. Closed Session Pursuant to Govemment Code Section(s): A. Conference with legal counsel -existing litigation - pursuant to Government Code Section 54956.9(a): U Mayor and Common Council of the Ciry ofSan Bernardino Page 1 5.B.a' l Joint Regular Meeting Minutes December 5, 2011 Cedric Mav Sr Brenda Standifer S D. M and S L M., minors, by and through their guardian ad litem Sasha Braves Maurice Jennings: Anthony Jennings; and Jashanda Standifer v Citv of San Bemazdino Officer Joseph Aguilar, Officer Jose Vasauez~ Officer Brvon Clark Officer Langston Canright: Officer Melissa Flint Sergeant James Beach and Does 1-10, inclusive - U.S. District Court, Case No. EDCV 10-00978 (DTBx); Jonathan Sosa et al. v. City of San Bernardino -San Bernardino County Superior Court, Case No. CIVDS 1001161. 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. 'a w 3 C. Conference with legal counsel -anticipated litigation -initiation of litigation - 5 pursuant to subdivision (c) of Government Code Section 54956.9. ~ ~U C D. Closed Session -personnel -pursuant to Government Code Section 54957. to 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. d c F. Conference with labor negotiator -pursuant to Govemment Code Section 54957.6: 'v Fire Safety G. Conference with real property negotiator -pursuant to Govemment 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 regulaz agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Patricia Campbell. Invocation/Pledge of Allegiance The invocation was given by Reverend Sangman Shin of Del Rosa United Methodist Church. The pledge of allegiance was led by Jordan Gonzalez, a sixth grade student at Urbita Elementary School. 2. Appointments There were no commission appointments. Mayor and Common Council of the City of San Bernardino Page 2 ' 5.B.a.;':. Joint Regular Meeting Minutes December 5, 2011 3. Presentations A. California Suffrage Centennial Celebration -Council Member Marquez Council Member Marquez presented a resolution to Gloria Anderson, President, League of Women Voters, San Bernardino Chapter, recognizing October 10, 2011, as the 100ih Anniversary of Women in California winning the right to vote. B. Police Officers 2011 Fall Awards -Chief Handy and Captain Garcia Chief Handy and Captain Garcia announced the recipients of the Police Department's 2011 Fall Awards. Chief sCommendation - Lieutenant Dan Keil and Sergeant Christine Keil -Explorer Program m d Sergeant Dan Gomez, Detective George Luna, Officer ~ Jason Heilman, Officer Joe Valdivia, Officer Edwazd ~ Flores, Officer Ray Bonshire, Officer Byron Clerk, Officer Nelson Carrington, Officer Jon Plummer, with Certificates ~ of Recognition to Probation Officer Jason Jorski and Pazole a Agent Ernie Bastazache -Gang Unit ;~ Life Saving Medal - Officer Robert Richards and Detective Dennis Houser "m 5 c Police Star for Merit - Sergeant Joey Zink and Officer Kris Kohrell .~ c Meritorious Service Award - Sherry Bradbury (26 yrs.), Sergeant Mike Desrochers (27 'o yrs.), Sergeant Steve Lowes (27 yrs.), Sergeant Lance Otey ~ (27 yrs.), Officer Carlos Quiroz (27 yrs.), Sergeant Mike o Blechinger (28 yrs.), and Officer Jeny Valdivia (30 yrs.). C. Presentation of Check -Michael Paige, Verizon Kent Paxton announced the receipt by the City of two checks from Verizon. The first check was for $20,000 for the EI Sol Educational Center, and the second check was for $24,000 for the Operation Phoenix Foundation. D. PowerPoint presentation on Green Home Makeover - Aviana Cerezo, Mayor's Office Ms. Cerezo announced that as of last week they have 70 residents interested in the program. E. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. 4. Announcements Announcement were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. Mayor and Commnn Counci(of the Ciry of San Bernardino Page 3 r ~+ s c .P~~it2t' ~'~~~:',.. Joint Regular Meeting Minutes December 5, 2011 5. Consent Calendar A. City Attorney RES-2011-307 Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with Omck, Popka, Fortino & Brislin for Legal Services in the Case of Michael Street v. City of San Bernardino, et al., San Bemardino Superior Court Case No. CIVDS 910518. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack _._ _. _. B. City Attorney RES-2011-308 Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with Orrick, Popka, Fortino & Brislin in the Case of Miguel Vargas, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 913134 Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack C. City Attorney RES-2011-309 Resolution of the Mayor and Common Council of the City of San Bernazdino Terminating the Professional Services Agreement with Brunick, McElhaney & Beckett and Authorizing the Execution of a Professional Services Agreement with the Law Firm of Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Terrell Markham, et al., v. City of San Bernardino, et al., United States Dishict Court Case No. CV 09-08455-ODW Motion: Adopt Resolution. N d ~U C O U a Mayor and Common Caunci(offhe City of San Bemardino Page4 ¢; ~ .F3C~C9~~~Z~j ;i~.. Joint Regular Meeting Minutes December 5, 2011 ', RESULT: ADOPTED [UNANIMOUS] ', MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack D. City Clerk Approve Local Appointments List Per Maddy Act Motion: Approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. a m 5 'RESULT: ADOPTED [UNANIMOUS] ~ MOVER: Wendy J. McCammack, Council Member, Ward 7 ~~ SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack v E. City Clerk ,~ m RES-2011-310 Resolution of the Mayor and Common Council of the City of San ~ Bernardino, California, Reciting the Facts of the Primary Municipal Election Held on the ~ 8th day of November 2011, Declaring the Results Thereof and Setting Forth Such Other ~ Matters as Are Allowed by Law. 'o U Motion: Adopt Resolution. 0 N -.-_- _-.-_ _____--_ _- _- _______ __. _. ....._. _._ ._.. RESULT: ADOPTED [UNANIMOUS] 1A N MOVER: Wendy J. McCammack, Council Member, Wazd 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 c d E AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack ~ F. City Clerk RES-2011-316 Resolution of the Mayor and Common Council of the City of San Bernardino Requesting that the Board of Supervisors of the County of San Bernardino Permit the County Registrar of Voters to Render Services to the City of San Bernardino Relating to a General Municipal Election to be Held on February 7, 2012. City Manager McNeely stated he would like to amend the motion so that the funds come out of the City Clerk's operating budget, with the caveat that she can come back for a budget amendment if additional funding is needed. Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 5 P~CkBfi P~^~~t7 ~-. Joint Minutes December 5, 2011 RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 li SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack G. Citv Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated December 5, 2011. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack __. H. Civil Service Personnel Actions -Classified Motion: Approve and ratify 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 except for Items 1-5, which were pulled by the City Manager. RESULT: ADOPTED [6 TO 0] ', MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, McCammack ABSTAIN: RikkeVanJohnson I. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and the authorization to issue warrants as listed. Mayor attd Common Coand[ ofthe City ofSan Bernardino Page 6 ~.,,~.. Joint Regular Meeting Minutes December 5, 2011 RESULT: ADOPTED UNANIMOUS] MOVER: Wendy J. McCatnmack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack J. Fire RES-2011-311 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to McCmy Enterprises in the Amount of $34,522.32 for the Replacement of Fuel Injectors on 12 Emergency Vehicles. Motion 1: Adopt Resolution; and Motion 2: Authorize the Director of Finance to amend the Fire Department's FY 2011-2012 Adopted Budget to reflect the expenditures as outlined in the staff report. RESULT: ADOPTED UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Wazd 7 SECONDER: Rikke Van Johnson, Council Member, Wazd 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack K Human Resources 2011-2012 Holiday Closure Days Council Member/Commissioner Shorett stated that he could not support this item because City offices are currently closed on Fridays. He stated that he could see the cost savings, but he believed they owe it to their citizens to be open more than less. Motion: Authorize the closure of City Hall for Christmas Eve on Thursday, December 22, 2011, and New Year's Eve on Thursday, December 29, 2011. RESULT: ADOPTED [6 TO 1] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack NAYS: Fred Shorett Mayor and Common Council of the Ciry of San Bernardino Page 7 S.B.a> Joint Regular Meeting Minutes December 5, 2011 L. Information Technolo2v RES-2011-312 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase Order to TelePacific Communications for Primary Rate Interface T-1 Phone Connections. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack M. Library RES-2011-317 Resolution of the Mayor and Common Council of the City of San Bernardino Accepting $60,000 from the California State Library and Authorizing the San Bernardino Public Library ("SBPL") to Recmit and Hire a Librarian II/Children's and Outreach Specialist as Grant Manager for the "A+ partners in Education" Project. Public Comments: Rebecca Ludwig, San Bernardino, CA, stated that she was speaking in order to bring awareness regazding porn in our libraries. She stated that she has been warning people about this and has a solution; however, no one wants to put this on the agenda. She asked For support to place the matter on the agenda. Motion 1: Adopt resolution; and Motion 2: Authorize the Director of Finance to amend the FY 2011-12 Budget to reflect the appropriation of $60,000 in funds into the newly established grant account (Account No.123-868-5945-0000). RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Wazd 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack N. Parks, Recreation & Community Services RES-2011-313 Resolution of the Mayor and Common Council of the City of San Bernazdino Ratifying the Submittal of a Grant Application to the US Soccer Foundation for the Total Amount of $7,250 for Miscellaneous Field Equipment and Team Sanction Fees for the 4`" Annual Independence Cup, at the San Bernardino Soccer Complex. Motion: Adopt Resolution. m v c U c 0 U v Mayor and Common Courccil ofthe City ofSan Bernardino Page 8 S.B.a ,-, Joint Regular Meeting Minutes December 5, 2011 RESULT: ADOPTED (UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack O. Police RES-2011314 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement with NICE Sytems Inc. and for Purchases for the City's Public Safety Answering Point (PSAP) with State of California 9-1-1 Funds. Motion 1: Adopt Resolution; and N d Motion 2: Authorize the Director of Finance to amend the FY 2011-12 budget to ~ include an increase to expenses in the amount of $74,155 Account 679- ~ 250-5502-0000-0062 and a corresponding increase to Revenue Account ~ 679-250-4901. 'o U v RESULT: ADOPTED [UNANIMOUS] ~ MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack ~ P. Public Works Motion for the Mayor and Common Council of the City of San Bernardino Rejecting All Bids for the Culvert Repair at Baseline Street and Medical Center Drive (SD12-001), Special Provisions 12766 Motion: Reject all bids. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Q. Public Works RES-2011-315 Resolution of the City of San Bernardino Adopting the Five-Year Capital Project Needs Analysis (2012-2017) for Measure I 2010-2040 Expenditures. Motion: Adopt Resolution. Mayor and Common Council of the Ciry of San Bernardino Page9 ,~, ``ls~~sP~+~11l;s S.B.a ... Joint Regular Meeting Minutes December 5, 2011 RESULT: ADOPTED ]UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack R. Public Works RES-2011-318 Resolution of the Mayor and Common Council of the City of San Bernazdino Awazding a Contract to Matich Corporation for Pavement Reconstruction on Ferree Street, from Coulston Street to Hardt Street, Per Plan No. 12815 (SS12-015), and Pavement Rehabilitation on San Bernardino Avenue, from Riverview Drive to Richardson Street, Per Plan No. 12816 (SS12-011). City Attorney Penman stated he would abstain on this item because Matich has contributed to his campaign for City Attorney, and that Agency Counsel Sabo had reviewed and signed the resolution. He left the Council chambers and returned after the vote was taken. Motion: Adopt Resolution ___ RESULT: ADOPTED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack S. Public Works RES-2011-319 Resolution of the Mayor and Common Council of the City of San Bernardino Preliminarily Determining that the Public Convenience and Necessity Require the Formation of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District Located in the Tippecanoe Avenue and Central Avenue Area Without Compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; Declaring Its Intention to Proceed to Order Work Within the District, to be Known as Assessment District No. 1068; Preliminarily Approving the Engineer's Report and Giving Notice of a Public Hearing. Council Member/Commissioner McCammack stated she wanted to amend the motion to include asking the director to set and notice the public hearing. Motion 1: Authorize the Director of Public Works and the City Clerk to proceed under SBMC 12.90, with the establishment of a Landscape, Detention Basin and Storm Drain Maintenance Assessment District in the Tippecanoe Avenue and Central Avenue Area, to be known as Assessment District No. 1068; direct the Director of Public Works to set the public hearing and give notice of same; and N d c ~u c 'o U a Mayor and Common Council of the City ofSan Bernardino Page IU i, ~~ ~?acket:P:9.3T~t::.. ' S.B.a.'... Joint Regular Meeting Minutes December 5, 2011 Motiou 2: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS) MOVER: Rikke Van Johnson, Council Member, Wazd 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack T. Public Works That the Mayor and Common Council Authorize the Finance Department to Amend the FY 2011-12 Adopted Budget to Enhance the Street Lighting Project. City Manager McNeely stated that the completion date in the motion should be 2012 and m not 2011. He informed the Council that he thought there could be other revenue sources such as CDBG funding, assistance from the Economic Development Agency, and possible assistance from the Inland Valley Development Agency. ~~ c City Attorney Penman cautioned that his office, while working on another matter, was v advised by HUD that they get very displeased when agencies treat CDBG funds like their v own money. 'c Ul City Manager McNeely advised that staff did vet this early on with HUD and they had not problems with this Motiou: Authorize the Director of Finance to amend the FY 2011-12 Public Works budget to enhance the Street Light Project; add two additional Electrician 1 positions, Range 1410, $3,431-$4,170 per month; increase the part-time budget by $50,000; and authorize the Director of Finance to amend the FY 2011-12 budget as indicated in order to re-light the City of San Bernardino's inoperable lights by June 30, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 6. Public Hearings to be Heard at 4:00 p.m. A. Human Resources Impasse Hearing -San Bernardino Fire Safety Employee Negotiations Motiou: Table. Mayor and Common Council of the Ciry of San Bernardino Pnge 7 ] PBCkeGPg 33;~'!: Joint Regular Meeting Minutes December 5, 2011 ', RESULT: TABLED [UNANIMOUS '', MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 ', AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack __ 7. Continued Items A. Human Resources Establishment of Salaries for Fire Department Ranges P-1, P-2, P-3 and P-4, Effective August 1, 2011. Motion 1: Establish salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Pazamedic), P-3 (Fire Engineer) and P-4 (Fire Investigator/Captain), effective August 1, 2011; and Motion 2: Authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action; and Motion 3: Authorize the Director of Finance to amend the FY 2011-12 budget. ', RESULT: ADOPTED [UNANIMOUS] j MOVER: Chas A. Kelley, Council Member, Wazd 5 SECONDER: Robert D. Jenkins, Council Member, Wazd 2 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Humau Resources Establishment of Salaries for Fire Department Ranges P-5, P-6 and P-7, Effective August 1.2011. Motion 1: Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), P- 6 (Deputy Fire Chief), and P-7 (Fire Chief), effective August 1, 2011; and Motion 2: Authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action; and Motion 3: Authorize the Director of Finance to amend the FY 2011-12 budget. RESULT: ADOPTED [UNANIMOUS] ', MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Wazd 2 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the Ciry ofSan Bernardino Page l2 ,,,,.._ „. Joint Regular Meeting Minutes December 5, 2011 8. Staff Reports A. City Attorney Budget Amendment for the Office of the City Attorney to Pay Billings from Outside Legal Counsel For Services Rendered and to Pay Litigation Expenses Previously Incurred. Senior Assistant City Attorney Easland stated that the City Attorney's office was requesting a budget amendment to pay for outstanding litigation expenses and fees for outside attorneys whose professional services have previously been approved by the Council. She acknowledged that they had made this same request two weeks prior, but in the meantime they had received additional billing in the amount of $1,837.12 for costs and an additional $14,056.77 in fees. This equates to their request in the motion of a m transfer of $154,941.70 for fees and an additional $28,608.87 for the cost of outside =' counsel. The second motion is an additional amount that is their estimate of what it is ~ going to cost for the outside attorneys to handle this unprecedented increase in litigation ~ .~ cases. ~ 0 U Council Member/Commissioner McCammack stated that they just saved from the •• previous two items a total of $326,100, and she suggested that it might be a good idea to move that $326,100 as a start to cover these costs. (Note: Later in the discussion it was deteanined that the actual amount was $160,700.) m Council Member/Commissioner Jenkins asked for clarification of the two recommended motions and asked if the amount in the two motions would completely cover the legal costs for the remainder of the budget year. Ms. Easland stated that it was their estimation that it would; however, it is an estimate and there is no way to see into the future what may come along for the remainder of the fiscal year. She stated that approval of recommended Motion 1 would pay for what they owe right now-it is for services that have been rendered under the contracts they have with these individuals and firms. Motion 2 would pay for what is currently owed and those additional anticipated expenses incurred between now and the end of the fiscal year. Motion: Transfer $622,652 from the unappropriated budget reserve balance to line item #001-050-5503 (Litigation/Outside Counsel) and transfer $300,636 from the unappropriated budget reserve balance to line item #001-050- 5177 (Litigation Expenses). RESULT: FAILED [3 TO 4] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack NAYS: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson Mayor and Common Counci(offhe City ofSan Bernardino Page 13 t Pa~k~i'Il'9.;~~' ` " 5.B.a Joint Regular Meeting Minutes December 5, 2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member Kelley to amend Motion 2 to transfer the $160,700 savings from Agenda Item Nos. 7A and 7B to the City Attorney's budget, as a budget amendment; and that they fund the remainder from the City Attorney's 2012/2013 budget as a loan. Council Member/Commissioner Kelley asked if there was a difference between the Unappropriated Reserve Fund and the Liability Reserve Fund and City Manager McNeely answered in the affirmative. Mr. Kelley asked whether there was any legal reason that the Council could not take money out of the Liability Reserve Fund and City Attorney Penman answered "no "' Council Member/Commissioner Kelley suggested that the Council use funds from the Liability Reserve Fund instead of borrowing from the City Attorney's 2012/2013 budget for this item. Council Member/Commissioner McCammack amended her motion to accept Council Member/Commissioner Kelley's suggestion. v Motion: To use the $160,700 savings from Agenda Item Nos. 7A and 7B, as a 'c budget amendment; and that the remainder of $762,588 be taken from the ~ Liability Reserve Fund. ~~ 0 U RESULT: FAILED [3 TO 4] MOVER: Wendy J. McCammack, Council Member, Wazd 7 SECONDER: Chas A. Kelley, Council Member, Wazd 5 w AYES: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack c NAYS: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson ', B. Council Office 2011 National League of Cities Congress of Cities and Exposition -Phoenix, AZ Council Member/Commissioner Johnson presented his report. No action was required on this item. C. Council Office Public Briefing and Discussion to Inform Council as a Whole and the Residents of San Bernardino the Status Regarding the San Bernardino Economic Development Corporation (SBEDC) Council Member/Commissioner McCammack stated that there has been quite a bit of action that has happened since March when the San Bernardino Economic Development Corporation, the nonprofit agency that basically absorbed all of the City's assets in terms of property and all the Economic Development Agency's assets in terms of property, was formed. She thought it would be appropriate that there be a briefing and public discussion of the EDC's activities for the public's edification. Mayor Moms stated that it is really important that the community is engaged in all of these matters and directly monitoring the ongoing decisions and work of the EDC. However, all reports from participants are subject to a host of issues-intentional or Mayor and Common Council offhe City ofSan Bernardino Page l4 5.B.a Joint Regular Meeting Minutes December 5, 2011 unintentional-that may result in less than accurate information, which is essential to good oversight and monitoring. Fortunately, through the continuing expansion of technology by public agencies we are afforded ways of oversight. We have public meetings of the EDC that are open to everyone. Agendas are published in advance and minutes are available to everybody. The Economic Development Agency has a website in development so they can do web streaming of the meetings in the near future. The EDC is now televising its meetings on local Channel 3. Ms. McCammack stated that since no one can do a Public Records Act to a nonprofit, she thought it was important to understand how much money and contracts have been awarded, how much in terms of fair market value in property has been sold, and where the nonprofit stands financially. Mayor Moms stated that the EDC was set up to preserve those resources for the City, and that is what was done. The decision to do so was made by the Council and all of the EDC's activities are now available by audio and visual means. He suggested that individuals who want this information should come to the meetings and ask for it. Ms. McCammack questioned how the public in general could obtain information regarding how much money has been awarded in contracts since the EDC took over and how much property in fair market value has been sold or leased. Emil Marzullo, Interim Executive Director of the Economic Development Agency, provided background information on how and why the EDC was formed. He stated that they essentially act as if this is a public entity, and any request for information that they have received, whether it is a Public Records Act or not, they have supplied the requested information. He stated that this is the first time information regarding properties that have been purchased or properties that have been sold has come up. He stated that he did not think they have bought any property under the EDC, and he could not think of any properties they have sold. He stated that the EDC was formed because it was a matter of being in dire straits with the State looking to take more than $40 million a year of this City's money and transfer it to other entities. He stated that after the Supreme Court makes its decision regarding the issue we may not need the EDC-it may be a moot issue; and that decision should be made by January 15, 2012. Council Member/Commissioner Jenkins inquired about the status of our partners in the EDC. Mc Marzullo answered that the Chamber of Commerce has chosen to place someone on the board, the County has chosen not to appoint anyone, and the school board has it on its agenda for the following day to appoint its delegate. RESULT: TABLED [4 TO 3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack d c u c 0 U v Mayor and Common Council of [he City of San Bernardino Page ]5 ,y!:Sg3'~ .'C_d:+i ' 5:B.a.. ".. Joint Regular Meeting Minutes December 5, 2011 D. Council Office Public Briefing and Discussion to Inform the Council as a Whole and the Residents of San Bernardino Re: Recent Federal Enforcement Actions at the San Bernardino International Airport and the Inland Valley Development Agency Mayor/Chairman Moms advised that there is direct monitoring of these meetings through agendas, minutes, and Channel 3, and that everybody is encouraged to attend. He stated that that is the best way to monitor oversight. RESULT: TABLED [4 TO 3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Tobin Brinker, Council Member, Wazd 3 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack 9. Community Development Commission A. Economic Development Aaency CDC-2011-60 Resolution of the Community Development Commission of the City of San Bernardino Approving and Authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to Execute a Vendor Service Agreement for Information Technology Services by and Between the Agency and Computer Options. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 10. Public Comments on Items Not on the Agenda Niles Livingston, stated that Victory Outreach was supposed to get him a place to stay last night, but that did not work out. He spoke regarding the Bible, and stated that 11/11/11 was the firs[ day of the last seven years of our lives. Gigi Hanna, San Bernardino, CA, offered gratitude to city workers for their quick response in cleaning up following the recent high winds. Kathy Mallon, San Bernazdino, CA, stated she attended her first Senior Affairs Commission meeting where she learned that vacant homes aze being used by vagrants and/or others. This prompted her to start a new Neighborhood Watch group for those who live in the Marshall and Miramonte azea. If interested, call her at 909/693-0072. v 5 _c .~ 0 U v Mayor and Commors Council of the City of San Bernardino Page l6 .,. S.B.a' Joint Regular Meeting Minutes December 5, 2011 Hayward Jackson quoted a message from Isaiah 9 and 10 regarding God's anger. Rose Loya, San Bemazdino, CA, stated that she did research on sex offenders, and it is not against the law for them to live in hotels or motels. However, the operators of these hotels and motels do not tell people that they have sex offenders. She stated that we need to have some kind of program, or a place where these offenders can go. Jim Smith, San Bernardino, CA, stated that Lexi Prince, widow of the City's previous City Attorney, had passed away from cancer and expressed condolences to her children, Tim and Renee Prince. He stated that the EDC has approved a lease with Regal Theater. The next step (approval of the development agreement) will take place at the Planning Commission meeting of December 15, with a final decision to be made at the Mayor and Council meeting of January 9, 2012. He urged those in favor of the Regal Theater to attend the Planning Commission meeting. 11. New Business A. Change name of Christmas Parade Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Wazd 5 SECONDER: Wendy J. McCammack, Council Member, Wazd 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion: Direct staff to drafr a ceremonial resolution to change the name of the Ho- Ho Christmas Parade to the George Finkle Christmas Parade. RESULT: ADOPTED [UNANIMOUS] ',. MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Mazquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack N d 5 c f .~ 0 0 U a io Mayor and Cammon Counci/ of the City of San Bernardino Page 17 3P~c~4A'9~t33'^:; 5.Ba'_'. Joint Regular Meeting Minutes December 5, 2011 12. Adjournment The meeting adjourned at 7:18 p.m. The next joint regulaz meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., December 19.2011. RACHEL G. CLARK, CMC City Clerk By: Linda E. Hartzel Deputy City Clerk N d C_ U C J O U a Mayor and Common Council of the City of San Bernardino Page I S s °k p $.~3C 9d.~,'~ S.B.b.'. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http: //ww w. sbcity. org Mayor Patrick J. Morris Council Members Virginia Marquez Robert A Jenla~ns Tobin Bunker Fred Shorett Chas A Kelley Rikke Van Johnson Wendy McCammack MINUTES JOINT ADJOURNED REGULAR MEETING d MAYOR AND COMMON COUNCIL AND THE ~ COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 3 ~ WEDNESDAY, JANUARY 18, 2012 a EDA BOARD ROOM '~ The Joint Adjourned Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Patrick J. Moms at 5:06 p.m., Wednesday, January 18, 2012, in the EDA Board Room, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Patrick J. Morris Mayor Present VirginiaMazquez .Council Member, Ward 1 Present Robert D. Jenkins Council Member, Wazd 2 Present Tobin Brinker Council Member, Wazd 3 Present Fred Shorett Council Member, Wazd 4 Present Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Wazd 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Rachel G. Clazk City Clerk Present Charles McNeely City Manager ' Present 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel -existing litigation -pursuant to Government Code Section 54956.9(a). Mayor and Common Counci(of the Ciry of San Bernardino Pagel gg ~Cket~,Q?!ti'.. S.B.b ," Joint Adjourned Regular Meeting Minutes January 18, 2012 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. 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. °' 3 C G. Conference with real property negotiator -pursuant to Government Code Section ~ 54956.8. c 0 The Mayor and Council did not recess to closed session during this meeting. v a 2. Staff Reports A. City Manager Budget Workshop -Fiscal Year 2011/12 -City, Capital Improvement Program, and EDA Budgets City Manager McNeely explained that staff was not asking for a decision from the Council today-that they would be providing a financial update only. He explained that the midyear budget would still be coming to the Council-that there have been changes since adoption of the budget last year and staff would be seeking direction from the Council in late February or early March. However, tonight staff would provide a financial update, identify critical issues, and offer possible options for considerntion in prepazation of future budget discussions and actions. A hard copy of the PowerPoint presentation was distributed to the Mayor and Council, titled, City of San Bernardino, Financial Update, Charles E. McNeely, City Manager, January 18, 1012. Mr. McNeely began the PowerPoint presentation with an overview of the critical issues facing the City, followed by Barbara Pachon, former Director of Finance, presenting the financial overview. Mr. McNeely noted that the Ci[y of San Bernardino is a labor intensive organization and that the bulk of our costs aze people costs. At the same time we have been faced with an economic downturn that has been historic, and we were ill prepared to deal with it. We simply did not have the resources to manage our way out of this. He noted that the City's rank and file employees stepped up big time to work with management in making concessions, but even so, we are continuing to have problems. Mayor and Common Council ofthe City afSan Bernardino Page 2 ,.,,~ P'acketl~g,d~ ~: 5.B.h Joint Adjourned Regular Meeting Minutes January 18, 2012 He stated it is not only the salary portion, but we have huge infrastructure issues in [he city. So the question is, how do we manage this, where do we get the resources, how long do we get our employees to sign up for continuing give-backs, etc. Mr. McNeely reviewed the list of Options for Consideration included in the presentation, and asked the Council for any additional items they might want to add to the list between now and the budget workshop so staff could do the necessary analysis of those items. Council Member/Commissioner McCammack stated that it looked like the lion's share of the jump in costs is a jump in salaries. She commented on the Writ of Mandate and the FLSA lawsuit, stating that if the Council had done things differently there would have been no lawsuits. She stated that with 300 positions already eliminated, workforce reductions can only come from public safety and there was not much chance of that. As far as outsourcing or privatizing, she stated that there aze many other creative ways of ~, gaining and creating additional revenue by doing a mixed use so to speak of privatization. She stated that the Council had talked about managed competition seven yeazs ago, but it didn't happen; however, there is still an opportunity for that. She stated that managed - competition is a long-term fix, and that is what they need to look at; not one-time fixes that will not work. ? t Ms. McCammack stated that there is no reason the Refuse Department should be in the hole. She noted that the last time the Refuse Department presented to the City Manager m that they were in the hole, after a little bit of extra work and extra digging they found out ~ it was not in the hole; it was actually profitable. ~ c She stated that for 7 out of 12 years she discussed implementation of a property transfer ~ tax. She added that if they include some of the exemptions that she and Mr. McNeely c have discussed it will not affect anybody that currently owns property here; and if it does, there was a cap to it. t., She also contended that the Economic Development Corporation (EDC) needs to transfer 0 ~ back properties to the City and the City needs to sell them-that for the most part they belonged to the City in the first place. ° Mayor Morns provided clarification regarding transfemng EDC property back to the c E City, stating that it would result in that property ultimately being liquidated and the resources given over to other taxing agencies; i.e., the school district, special districts, the G county, the state, etc. He stated that transferring those resources back to the City essentially feeds the needs of others, not the City. Council Member/Commissioner Marquez stated that she wants to explore termination payouts and retirements. She asked whether other cities have a cap on holiday and vacation time, and stated that she would like to see something in writing regazding payout of sick leave and vacation. Council Member/Commissioner Kelley stated that he would like an opportunity to review and digest the information they had been given. He stated that he would like to know what cost savings would be across the board if all bargaining units continued their 10 percent reduction. He also requested that the City create an account for the payout of sick leave and vacation time. He stated that this City must start preparing an economic strategic plan so it can get the revenue to come into pay for the services that its residents Mayor and Common Council of the Ciry ofSan Bernardino Page 3 r {YSCf(B~~~~-~-..±.~~ Joint Adjourned Regular Meeting Minutes January 18, 2012 aze entitled to. Council Member/Commissioner Brinker stated that regarding retirement separation payouts, [here was recently an article in the LA Times stating the mayor of LA froze those payouts as a budget balancing measure. Although he is not recommending that kind of approach, he is interested in the idea of perhaps smoothing that out by paying it out over time and making that a point of their negotiations to see if they can get that reduced to a reasonable amount so they know more or less what it will be each year. Relative to the 10 percent reduction, he noted that they are in the third year of furloughs, which aze an okay budget strategy if you are looking at a really short downturn. But they are in the third year and looking at 3-5 years before things really start to turn around. He strongly urged his colleagues to reconsider the furlough approach to the budget and get that 10 percent through some other means. He added that he has made it clear that his preferred option would be to do some form of pension reform starting with the highest paid employees in the City-the people who eam over $100,000 a year. Mc Brinker stated he was deeply concerned with the way that they set up the budgets- that the information that is put into the actual budget document is inadequate for helping the community to understand what is going on in the budget. He stated that he would like to see more transparency in describing what the budget items are. He added that there have been no good choices when the Council has had to make some very difficult budget decisions, and he would like staff to do a better job in providing this Council and future Councils with all of this information in the budget so that the community can understand the choices that the Council was given. Council Member/Commissioner Shorett stated that relative to separation payouts, he agreed they need to set up an account for this purpose, but they also need a new policy such as a "use it or lose it" or some sort of a cap. He stated that he believed that the policy needed to be reviewed. City Attorney Penman stated that many of the things talked about tonight have been discussed before. He noted that when people take off sick someone has to do their work; and in the Police and Fire Departments someone comes in on overtime, so you pay one way or another. He stated that one City function that has paid its way is Refuse, and one of the reasons other companies try to get the City to privatize the refuse operation is because they know they can make a load of money from it. He spoke regazding priority cuts versus cuts across the board, stating that across the board is a lazy way to handle it. He questioned whether in these lean economic times, and with so many parolees being released here, whether the Call Center is as important as police officers. Also, someone to defend lawsuits seems like more of a necessity than having someone answer the phone. Council Member/Commissioner Johnson noted that with minimum funds available the tendency is to pit one department against another to see which one is more valuable. They need to get into a position where they don't have to do that, and he agrees that they need to look at an economic strategy. However, he knows that they aze going to have to first look at some short term fixes that they cannot avoid that are going to bring some pain, but they do need to look for along-term solution. m c .~ c 0 v m Mayor and Common Counci(afthe City afSan Bernardino Page 4 ,Era, Grt+t'41'ge!}4~.:is 5.B.b' Joint Adjourned Regular Meeting Minutes January 18, 2012 3. 4. City Manager McNeely stated that staff appreciated the valuable comments. He asked employees to submit their ideas and suggestions, knowing that ultimately it is the call of the Council. Council Member/Commissioner McCammack noted that a lot of employees are willing to offer information regarding revenue strategies, cost saving strategies, waste, and/or opportunities to save money; and many are willing to do this without being anonymous. However, there are those who fear for their jobs, and she felt there should be a way for them to bring their ideas forward anonymously, if they so desire. City Manager McNeely agreed, stating that in the past they have worked with IT to set up a site where employees can go in without a name; and they may be able to do that again. Employees can also contact individual Council members, if they prefer. Council Member/Commissioner Jenkins stated that one ingredient that had not been mentioned is the taxpayer/resident. The Council needs to know their priorities and keep them in the mixture. Public Comments: Warner Hodgdon, San Bernardino, CA. Mayor Morris stated that they had received a sobering report from Mr. McNeely and Ms. Pachon; one of the most sobering in many years. However, they have an obligation to balance the budget this year and the coming year, and it is going to be a Herculean challenge. No formal action was taken on this matter. Public Comments on Items Not on the Agenda Warner Hodgdon, San Bernardino, CA, spoke regarding Mr. McNeely's 3-year contract with the City, which gives him 20 years in the State retirement system, with his retirement predicated on the last three years. Staff explained that a person's retirement pay is spread among, and paid for, by all the entities an individual has worked for. Mr. Hodgdon requested that Mr. McNeely's retirement figures be made available to the citizens of San Bernardino. Adjournment The meeting adjourned at 6:51 Common CounciUCommunity January 23, 2012. p.m. The next joint regular meeting of the Mayor and Development Commission is scheduled for 1:30 p.m., RACHEL G. CLARK, CMC City Clerk By: Linda E. Hartzel Deputy City Clerk m c ~U c 0 U v Mayor and Common Council of the Ciry afSan Bernardino Page 5 5•B.d.. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COM OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 23, 2012 COUNCIL CHAMBERS Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A Kelley Rikke Van Johnson Wendy McCammack The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:38 p.m., Monday, January 23, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Patrick J. Moms Mayor Present Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Absent Tobin Brinker Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present '. Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Rachel G. Clark '. City Clerk Present Charles McNeely City Manager Present 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel -existing litigation -pursuant to Government Code Section 54956.9(a): Mayor and Common Council of [he 6'ry of San Bernardino Page! p.~ ~~'cki"'~ 4~g ~4fi4~t 5.B.c' '. Joint Regular Meeting Minutes January 23, 2012 Allen, J. A. Et al v. City of San Bernardino -United States District Court Case No. USDC CV -09-1388 JLQ (JCx); James J Brown v City of San Bernazdino San Bernardino Police Department Ofcr. Campbell, in his individual capacity: Ofcr Castro, in his individual capacity: Ofcr. Cardillo. in his individual capacity; and Does 1-50. Inclusive -San Bernardino Superior Court, Case No. CIVDS 1007751; Richard Mazlatt v. City of San Bernardino. County of San Bernardino and Does 1 throueh 30, inclusive - San Bernardino Superior Court, Case No. CIVDS 1000163; Maria D. Meiia, Salvador Mel¢oza; M.A Guadalupe Meleoza v City of San Bernazdino: Does 1-10. Inclusive -United States District Court, Case No. ED CV 11-00452 VAP (DTBx); Zimmon, Garrett v. City of San Bernazdino -Ind. Disability Ret Application -San Bernardino Superior Court, Case No. CIVDS 906555. 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. D. Closed Session -personnel -pursuant to Government Code Section 54957: Executive Director Deputy Director - EDA Deputy Director -RDA Chief Financial Officer Director of Administrative Services Director of Housing and Community Development Director of Marketing and Special Events Accounting Manager Financial Analyst Executive Secretary Project Manager Marketing/Public Relations Manager Senior Urban Planner CATV / IEMG Broadcast Engineering Coordinator CATV / IEMG Production Coordinator Assistant Project Manager Senior Admin Analyst Real Estate Acquisition GIS /Graphic Analyst Administrative Analyst Business Solutions Coordinator Senior Accounting Technician N 3 c .~ c 0 U a Mayor and Common Counci[ofthe City of San Bernardino Paget S.B.c-" Joint Regular Meeting Minutes January 23, 2012 Records Management Specialist CATV /IEMG Production Technician CATV /IEMG Production/Traffic Specialist Administrative Assistant Secretary Operations Specialist II Administrative Clerk III Receptionist CATV /IEMG Production/Programming Assistant CATV /IEMG Administrative Assistant Public Service Temporary Employees 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 - y pursuant to Government Code Section 54957. c_ F. Conference with labor negotiator -pursuant to Government Code Section 54957.6: ~ U C Fire Safety ~ G. Conference with real property negotiator -pursuant to Government Code Section 54956.8. N d Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the regular agenda of the Mayor and Common Council. '~ 0 Moment of Silence ~ A moment of silence was observed in memory of Lorraine Bocanegra and Winfred Breland, Sr. o N M Invocation/Pledge of Allegiance `~' The invocation was given by Superintendent Pastor Douglas R. Hargrave of Greater Cornerstone ° Church of God. The pledge of allegiance was led by Kaylee Anstine and Janiah Smith, sixth grade students at Davidson Elementary School. s 2. Appointments A. Mavor's Office Appointment of Chehab Elawar to the Community Development Citizen Advisory Committee -Council Member Shorett. Motion: Approve the appointment of Chehab Elawar to the Community Development Citizen Advisory Committee as requested by Council Member Shorett. Mayor and Common Council oflhe Q'ty of San Bernardino Page 3 r L?acT~e~`k'Pt48 i'" S.B.cJ.. 1. Joint Regular Meeting Minutes January 23, 2012 ', RESULT: ADOPTED [UNANIMOUS] ', MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 3. Presentations A. Service Pins Awards Ceremony The following individuals were presented a service pin award by Mayor Moms in recognition of their many yeazs of dedicated service to the City: Name Rachel Heredia Dawn Glaze Linda South Laura Yavornicky Kenneth Moseley Sylvia Hansen Otis Herrington Scott Murray Mirela Grigoreseu Mark Kalfell B. Stndent of the Month Department Years of Service Community Development 10 Finance 20 Finance 15 Finance 15 Fire 30 Police 5 Police 15 Police 15 Public Works 10 Public Works 5 Council Member Shorett presented the Student of the Month award to Katylynn O'Bannon, a student at San Andreas High School. C. Citizen of the Month Council Member Shorett presented Evelyn Alexander the Citizen of the Month Award in recognition of her longtime community volunteer services. D. Employee Recognition Awards City Manager McNeely introduced the recipients of the Fourth Quarter Employee Recognition Awards: Customer Service Awazd -Cindy Piepmeier, Community Development; Leadership Award - Mayra Ochiqui, City Clerk's office; Innovations Award -Rose Pruitt, Police Departrnent (not present); Teamwork Award -James Baze, Veronica Garcia & Melissa Sheffenberg, Police Department E. Chamber of Commerce Announcements Ron Coats presented the Chamber's announcements. m 5 c U 0 U v Mayor and Common Council of the City ofSan Bernardino Page 4 ,z .~su ' 5.B.c.,..,. Joint Regular Meeting Minutes January 23, 2012 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar A. City Attorney MC-1369 An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. Final Reading Motion: Adopt Ordinance. _. ....__.... RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ' ABSENT: Robert D. Jenkins B. City Clerk Waive Ful] Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated January 23, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 I SECONDER: Tobin Brinker, Council Member, Ward 3 ', AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins C. City Manaser RES-2012-14 Resolution of the Mayor and Common Council of the City of San Bemardino Approving a Professional Services Agreement by and Between the City of San Bernardino and AECOM Technical Services, Inc., to Complete the City's Sustainability Master Plan. Council Member McCammack stated that she would abstain because the party to this action is a business client. Motion: Adopt Resolution. Mayor and Common Counci[of[he Ciry of San Bernardino Pages y„ 5.B.c Joint Regular Meeting Minutes January 23, 2012 RESULT: ADOPTED [5 TO 0] ', MOVER: Rikke Van Johnson, Council Member, Ward 6 ', ''~, SECONDER: Tobin Brinker, Council Member, Ward 3 '... AYES: Marquez, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack ABSENT: Robert D. Jenkins D. Civil Service Personnel Actions -Classified Motion: Approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service roles and Personnel policies adopted by the Mayor and Common Council of the City of San 5 Bemardino, except for Item No. 1, which will be continued to February 6, .J 2012. - C _.. ____ O RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 ~ m SECONDER: Tobin Brinker, Council Member, Ward 3 -- AYES: Mazquez, Brinker, Shorett, Kelley, Johnson, McCammack "m ABSENT: Robert D. Jenkins ~ E. Community Development MC-1370 An Ordinance of the City of San Bemardino Deleting Amendment MC 1356 and Amending Chapter 19.06 Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bemazdino Municipal Code (Development Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Auditorium of 3,000 Square Feet or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any Theater Complex and Approving to Development Agreement No. 11-02 between the City of San Bemardino and Regal Cinemas Inc. fora 14-Screen Movie Theater in Downtown San Bemardino. Final Reading Motion: Adopt Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Wazd 5 SECONDER: Wendy J. McCammack, Council Member, Wazd 7 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins Mayor and Common Coanci[ of the City ofSan Bernardino Page 6 ' 5.B.c Joint Regular Meeting Minutes January 23, 2012 F. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Wazd 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ', ABSENT: Robert D. Jenkins G. Human Resources Personnel Actions -Unclassified Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. RESULT: ADOPTED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Wazd 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins H. Public Works RES-2012-15 Resolution of the Mayor and Common Council of the City of San Bemardino Authorizing an Agreement Between the City of San Bernardino and the County of San Bernardino for Participation in the San Bernazdino County Sheriff Department's Prisoner Work Release Program. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Wazd 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Mazquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins Mayor and Common Council ofthe Ciry ofSan Bernardino Pagel p y y , 5.B.c.'.. :. Joint Regular Meeting Minutes January 23, 2012 6. Committee Consent A. City Manager RES-2012-16 Resolution of the Mayor and Common Council of the City of San Bemazdino Authorizing the Execution of an Agreement Between the City of San Bernardino and the San Bemazdino Black Culture Foundation for Financial Assistance from the 2011/2012 Civic and Promotion Fund for the 2012 Black History Parade. Motion: Authorize direct funding in the amount of $6,000 and indirect funding in the amount of $26,358 from the FY2011/12 Civic and Promotion Fund; approve waiver of fees for use of City personnel and equipment to assist with the 2012 Black History Event; and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins B. Human Resources Establish New Job Description for Office Assistant, Unclassified Motion: Approve the job description for Office Assistant (U), Range 3330, $2302 - $2798/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. RESULT: MOVER: ', SECONDER: AYES: NAYS: ABSENT: ADOPTED [5 TO 1] Rikke Van Johnson, Council Member, Ward 6 Chas A. Kelley, Council Member, Ward 5 Mazquez, Brinker, Shoretr, Kelley, Johnson Wendy J. McCammack Robert D. Jenkins C. Humau Resources Human Resources Department Reorganization Council Member/Commissioner McCammack stated that she could not approve these increases when everybody else is taking cuts. m 5 c U c 0 U v Mayor and Comman Council o(the City ofSan Bernardino Page 8 Joint Regular Meeting Minutes January 23, 2012 Director of Human Resources Livingston stated that there would be ongoing savings due to elimination of one position. Motion: Delete Risk Manager position, Range 4550, $6896 - $8383/month; establish one (1) Risk Division Manager position, Range 4570, $7620 - $9262/month; reclassify Workers' Compensation Manager position, Range 4550, $6896 - $8383/month, to Risk Division Manager position, Range 4570, $7620 - $9262/month; delete Workers' Compensation Manager position, Range 4550, $6896 - $8383/month; establish one (1) Senior Workers' Compensation Adjuster position, Range 3500, $5374 - $6532/month; reclassify one (I) Workers' Compensation Adjuster position, Range 3480, $4864 - $5912/month, to Senior Workers' Compensation Adjuster position, Range 3500, $5374 - $6532/month; delete one (1) Workers' Compensation Adjuster position, Range 3480, $4864 - $5912/month; delete Human Resources Manager position, Range 4530, $6242 - $7587/month; establish one (1) Human Resources Division Manager position, Range 4570, $7620 - $9262/month; reclassify part-time Human Resources Technician to full-time Human Resources Technician, Range 1390, $3105 - $3774/month; reclassify one (1) Deparhnental Accounting Technician position, Range 1370, $2810 - $3416/month, to Administrative Assistant position, Range 1380, $2954 - $3591/month; delete one Q) Departmental Accounting Technician position, Range 1370, $2810 - $3416/month; authorize the Director of Finance to incorporate the changes into the FY 2011-12 budget; and authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. j RESULT: ADOPTED [4 TO 2] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson NAYS: Chas A. Kelley, Wendy J. McCammack ABSENT: Robert D. Jenkins D. Public Works RES-2012-17 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of the Funding Request Form to the Department of Resources Recycling and Recovery (CalRecycle) for Beverage Container Recycling and Litter Reduction Activities. Motion: Adopt Resolution. aNi c f U 0 U v io Mayor and Common Council a(the Ciry ofSan Bernardino Page 9 S.B.c:~ Joint Regular Meeting Minutes January 23, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 '. SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Mazquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins E. Public Works RES-2012-18 Resolution of the Mayor and Common Council of the City of San Bernazdino Authorizing the Submittal of the Application for Waste Tire Clean-Up Grant from the California Department of Resources Recycling and Recovery (CalRecycle). Motion: Authorize the Director of Finance to amend the FY 2011-12 budget to ;~ receive grant funds; and adopt Resolution. c RESULT: ADOPTED [UNANIMOUS] ~ MOVER: Wendy L McCammack, Council Member, Ward 7 ~ SECONDER: Chas A. Kelley, Council Member, Ward 5 v '', AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack `~° ABSENT: Robert D. Jenkins w m c F. Pubic Works ~ Set Public Hearing for March 19, 2012 at 4:00 p.m. in the Council Chambers to Consider Rate Adjustments for Integrated Waste Division Customers Council Member/Commissioner Kelley stated that this item was brought forward for the purpose of discussion for the full Council to hear, but he was not certain that there aren't other alternatives that they could look at. He stated that it was his hope that rather than immediately implement a rate increase at the public hearing on March 19, that they look at other ways they might be able to offset some of the budgetary concerns and shortfalls. Nadeem Majaj, Director of Public Works, stated that they have looked at many, many options and they had reduced them to about four options. One of them was the do nothing alternative, which would leave them with a $1.4 million deficit in this fiscal year. He stated that they have already done quite a bit to reduce spending and the deficit in this fund. They have deferred a lot of capital improvements, resulting in deterioration of the buildings and the pavement at the yard that the waste trucks drive over. In addition, they froze a lot of positions, cancelled some contracts, cut spending, postponed bin purchases, and reduced part-time budgets quite a bit. He stated that one of the things that they need to acknowledge is that they haven't had a rate increase since 2009; and any kind of a business or an enterprise fund should have some kind of an annual escalator to keep up with personnel costs, increased fuel costs, any kind of reduction in revenues, etc. The rate increase seems steep because they have not addressed the problem for three yeazs. Mayor and Common Council of the City a(San Bernardino Page 10 bm Pac'k7iE,F~g;-55:. S.B.c,, Joint Regular Meeting Minutes January 23, 2012 Mr. Majaj acknowledged that they could still cut about $200,000-400,000 by more streamlining, but that would still leave a $1 million deficit this year. There are programs that they could cut, but they really did not want to consider them as options; for example, they could reduce the graffiti abatement program and the right-of--way cleaning program. However, these are services that are critical to the citizens that they would rather not touch, if they can help it. Council Member/Commissioner Marquez asked what percentage of the Matrix Studies mentioned in the backup materials had been implemented. Mr. Majaj answered that roughly 60 percent of the recommendations had been completed to date; and after resolution of the fiscal issue, they could be up to 80 percent. Council Member/Commissioner Shorett noted the 27 percent increase in PERS costs and expressed his support for some type of pension reform. He added that he didn't want to w go to the taxpayers asking for any kind of increases until the Council can look them straight in the eye and say that they have done everything possible to make the City as ~ efficient as possible and reduce costs. He added that he could support holding a public ~ hearing, although he thought it would be somewhat futile to do so. 0 Mr. Majaj stated that there was one thing he would like to clarify on the 27 percent in ~ PERS increase-that is roughly about a $200,000 increase over athree-year period. The `~ total personnel costs for that division are about $6 million and the PERS increase is m $200,000. Council Member/Commissioner McCammack noted that we have a new refuse manager onboard who may have some creative ideas on how to fix the problem. She added that if the Council were to ever vote to send the waste management function to the private sector, she could guarantee that the rates would go up immediately. She stated that she only saw residential rates mentioned in the document, yet the majority of the money that was found when they originally were considering raising rates was found in the commercial side of the business. Also, at that time they found a lot of collection and billing problems and she questioned whether that could be part of the problem again. She also expressed concern that the Integrated Waste Management Enterprise Fund was paying for graffiti abatement. Mr. Majaj explained that they have been successful in billing and collection thanks [o the Water Department, which is doing a fantastic job in that area. He stated that the revenue decrease is due to the exodus of businesses and residents, and it is roughly 10 percent; but the collections have helped quite a bit. They are tying the collection of refuse to water service, so if someone does not pay their refuse bill, their water gets shut down. Council Member/Commissioner Brinker stated that if this item should pass and the Council sets this hearing it will occur after he has left the Council, so he will not be here to vote on it, if it comes forward for action. However, he would be involved in this conversation, regardless of his position on the Council because it is important to him. He reiterated his belief that pension reform has to come first-that they cannot go to the citizens and say they are going to ask them to pay more for these services when they have employees in the city that don't pay the employee's share of pension costs. He stated that last year there were 400 employees who earned over $100,000 and paid nothing for their pensions. Mayor and Common Council ofthe City ofSan Bernardino Page 11 Joint Reaular Meeti Minutes 5.B.c.:..;.,. 23, 2012 Council Member/Commissioner Johnson stated that this is one of those decisions, when they talk about raising rates, that doesn't go down well with anyone; and a lot of the time they tend to keep pushing it further and Further and not making a decision on it. He stated that he thought it was important for the public to understand the impact, and having this hearing would be educational and a way to inform them of what is going on. He noted that one of the things that hadn't been discussed was the increase in operational costs, because he knew this had a huge bearing on why they need to raise some of these rates. Mr. Majaj stated that one of the points Councilman Shorett brought up was the increase of 27 percent in PERS. However, there are other increases such as the County's disposal rates that have increased by 4.3 percent, fuel costs increased by 12.5 percent, and of course, the decrease in revenue is added on top of that. There have been quite a number of increases that are beyond the control of Public Works and the Integrated Waste Division. He added that the division itself is running very, very efficiently, and he thought the problem was that they did not keep up with the rate increases over the years. Every enterprise fund needs to consider tying itself fiscally to some kind of an index CP[ or some other index-some kind of a cost of producing that service. That has not been done in three years and that is why it seems like a large increase. Mayor/Chairman Moms explained that the Council committee-Mv Kelly, Mr. Shorett, and Mr. Johnson-had brought this forward for a table discussion with, he presumed, the belief that it would not only be discussed here, but also with the public. He noted that the suggested action was to set a public hearing, which would engage the public in the hearing, and the Council could then move it forward or not. He stated that it was his understanding that at the committee meeting four possible options were presented to bring this enterprise fund within a balanced budget so it is not running in the deficit as it currently is. Council Member/Commissioner Kelley stated that he would be voting "no" on this item. He stated he was concerned as to whether they had looked at all options, and he thought there was more work to be done internally at the committee level, or through staff, to find a different approach than raising the rates. He added that if there was going to be any kind of rate increase, there must be an escalator, because in a few years, even with pension reform, fuel rates, liability insurance, and other costs associated with doing business will continue to go up. City Manager McNeely stated that he understood Council Member Brinker's concern about pensions. They have had several discussions and he supports his right to continue to bring that item forward and educate the public. However, another reality is that they have asked the employees for the 10 percent cut, which they have done. They have frozen the step increases, which is another 4 percent on top of that. They have cut some 300 positions out of this budget that they no longer have. And, at this Council's direction, the policy is that any new employee who is now coming aboard will pay their share of pension costs. All those things have been done at the direction of this Council He added that he was not opposed to going and asking the existing employees to do that, but everyone must understand that that is a negotiated item. By law, they are required to go back to the bargaining table. Mr. McNeely stated that what staff is proposing is a public hearing so that the Council members can listen to their constituents, debate it among themselves, and then make a N d 5 c 'u c 'o U a m Mayor and Common Council of the Ciry of San Bernardino Page 12 y~-~-~-~!?a!?e 5.13.c'" Joint Regular Meeting Minutes January 23, 2012 judgment call. He pointed out that as a result of the audit the entire refuse billing operation was consolidated with the Water Department, resulting in an annual savings of $400,000-500,000. He asked the Council to keep in mind that the long term effect of not keeping the City's enterprises healthy is going to continue to have a detrimental effect on the ability to provide services and to maintain equipment and facilities in an operable manner that at the end provides quality services to this community. Mayor/Chairman Morris advised that R. W. Beck was brought in to do a detailed analysis, and he suggested that they invite Mr. Beck to come with them to the public hearing so that he can lay out in detailed fashion his analysis of their operation, what he thinks of the way they are doing business, and what is required to make this enterprise fund solvent. It is now insolvent and running in deficit and, as was expressed at the workshop last week, enterprise funds should not be running in the deficit. Council Member/Commissioner McCammack asked that Mr. Majaj bring the information back to the public hearing regarding how much the graffiti removal program is costing Integrated Waste Management. Then the decision can be made as to rather they would rather have a higher trash rate or would they rather have graffiti. •~ c Motion: Set a public hearing for March 19, 2012, at 4:00 p.m. in the Council Chambers ~ U to consider rate increase for Integrated Waste Management customers, ~• a authorize the required notifications, and refer the matter back to the Ways and ;~ Means Committee for further discussion with the intent that their -- recommendations will be part of the public hearing. m RESULT: ADOPTED [5 TO 1] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Brinker, Shorett, Johnson, McCammack NAYS: Chas A. Kelley ABSENT: Robert D. Jenkins 7. Continu ed Items A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino to Appoint the San Bernardino Economic Development Corporation to Administer Successor Agency Activities of the City in Its Capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino. Note: No resolution was distributed with the backup materials. Mayor and Common Council of the Ciry of San Bernardino Page ]3 5.B.c,.. Joint Regular Meeting Minutes January 23, 2012 ', RESULT: TABLED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 8. Staff Reports A. City Attorney City Attorney's Request for Additional Funding in the Amount of $16,400 to Pay Outstanding Defense Expert Costs in Richard "Scott" Moss, et al. vs. City of San Bernazdino, et al., United States District Court, Central District of California, EDCV 07- 01027 SGL (Opx). City Attorney Penman advised that money had been found for this; therefore, the matter could be tabled. RESULT: TABLED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Rober[ D. Jenkins B. Council Office Appointment to the San Bernardino Economic Development Corporation (SBEDC). Council Member/Commissioner Brinker stated that he had resigned from the SBEDC last week and recommended the appointment of Council Member Shorett. City Attomey Penman advised that it was inappropriate to agendize an item to make an appointment and not say who is going to be appointed. He recommended that the item be continued to the first meeting in February. Motion: Approve the recommended appointment of Council Member Shorett to the San Bernazdino Economic Development Corporation (SBEDC). N d c 'u c 3 O v Mayor and Common Council of the City of San Bernardino Page/4 ~* ~"s~K~ P~ 59 a=' S.B.c --- Joint Regular Meeting Minutes January 23, 2012 RESULT: ADOPTED IS TO 0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Tobin Brinker, Council Member, Wazd 3 AYES: Mazquez, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack ABSENT: Robert D. Jenkins 9. Community Development Commission A. Economic Development Aaencv RES-2012-19 Resolution of the Mayor and Common Council of the City of San Bernardino Taking Certain Actions Pursuant to Health & Safety Code Section 34176(B)(2) Agreeing to Have the City of San Bernardino Serve as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino for Housing Purposes. Motion: Adopt Resolution RESULT: ADOPTED (UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 10. Public Comments on Items Not on the Agenda Claudia Oakes, San Bernardino, CA noted that it was hard to hear in the Council Chambers, that she had met and was impressed with the new Chief of Police, that she hated to see cuts in Waste Management, and that the new call center was a wonderful addition to Ciry services. Ron Coats, San Bernardino, CA thanked City Clerk Rachel Clark for 20+ years of great service to the City; thanked Council Member Brinker for his years of service on the Council, stating that he was right on target regarding pension reform; commended the Public Works Department on their quick response to a pothole problem and their website; and stated that he hoped everyone could work together for the betterment of the City. Sandra Stevenson, San Bernardino, CA stated that she would like to see senior discounts for any dog or cat adoption. N d 5 c ~U 0 U v in Mayor and Common Council of[he City oJSan Bernardino Page lS ~`ac~5~e9~w¢4~; 5.B.c Joint Regular Meeting Minutes January 23, 2012 Margaret Hill, Highland, CA thanked City Clerk Clark and Council Member Brinker for the work they have done and all city employees who have done an outstanding job-she appreciates the hard work. She stated that we need to be sure we have services and a clean city and asked the Council to continue with their good behavior, as exhibited today, each week. Rabbi Hillel Cohn, joined by Reverend Pam Moore, stated that the Clergy Association had developed a statement regarding Civility-that many had viewed with displeasure and dismay the last Council meeting. He read the statement from [he Clergy Association and submitted a copy into the record. Andrew Machon, San Bernardino, CA stated he would like to address his remarks to Charles McNeely. He noted that back in 2010 the Council had approved a study by a Management Partners entitled Building a Better Community. He requested that the document be placed in a prominent location on the City's website available to the public 5 and that feedback forms be provided so that citizens can provide their comments and ~ input on the study. He stated that the study recommended establishment of an advanced planning section within the Planning Division, an Arts and Entertainment District ~ downtown, a Great Neighborhood Plan, and a Great Street Plan. e Tom Brickley, San Bernardino, CA stated he was bom, raised, and educated in San Bemardino and they have afamily-owned business. He is currently Vice Chair of Inland v Action. He stated he was concerned with the 10 percent salary concessions from the firefighters-that to his knowledge they had taken no salary cuts since July 2011. The 'g Fire Union filed a lawsuit against the City to stop concessions from being taken from •~ them. He is concerned that Council Member McCammack and others are satisfied to 0 pander to the fire union and expect cuts to come from other employee units. v Tracylyn Sharrit, San Bernardino, CA thanked City Clerk Clark and Council Member Brinker for their service and wished them well. Dr. Milton Clark, San Bemardino, CA noted that the City is facing significant financial challenges; however, the Council cannot be as effective as it could be unless it is in concert. He asked the Council members to work together and not squabble in public. Tim Prince, San Bemardino, CA spoke regarding elected officials who appeaz to be for sale. He stated that the Council should be considering campaign contribution limits and questioned how long we will tolerate unbridled acts of conflicts of interest. Faizah Dean, San Bemardino, CA talked about increasing city revenues and stated that she would like San Bernardino to consider building its own electric utility. She requested that the city support lesbian/gay/bisexual/transsexual/queer members of society, and stated she would like San Bemardino to focus on women. James Smith, San Bernardino, CA announced that another beautification day would be held on April 14 and encouraged residents to contact the City Manager's office at 384- 5122 to volunteer. He stated that residents have an opportunity to defeat union money and vote for an unbiased, objective person for City ClerkGigi Hanna. Mayor and Common Council of the City ofSan Bernardino Page 16 S.B.e ',. Joint Regular Meeting Minutes January 23, 2012 Jim Penman, City Attorney, stated that 25 years ago when he first ran for City Attorney he wished Matich Corp. had donated $10,000 (as ascertained by Mc Prince). He stated that he was recruited by Shauna Clark, Jeri Simpson and Betty Haight. He added that four yeazs ago he endorsed Rachel Clark, and no one came forward to ask why he was supporting Rachel Clark-that almost all elected officials aze supported by elected officials. 11. Adjournment The meeting adjourned at 6:18 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m. Monday, February 6, 2012. N RACHEL G. CLARK, CMC City Clerk U C BY v Linda E. Hartzel Deputy City Clerk co Mayor and Common Counci(ofthe Ciry of San Bernardino Page 17 ,~ ,,x~- p q= ^~ai'rk8[1~~~,: