The URL can be used to link to this page

Home My WebLink About12-05-2011 Jt. Reg MtgCity of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack 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 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. Moms 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 Status Arrived Patrick J. Morris Mayor Present Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker Council Member, Ward 3 Late 3:05 PM Fred Shorett Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Late 1:47 PM 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 the City of San Bernardino Page 1 Printed 211412012 Joint Regular Meeting Minutes December 5, 2011 Cedric May Sr • Brenda Standifer; S. D. M. and S. J. M., minors, by and through their guardian ad fitem Sasha Braves• Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bemardino; Officer Joseph Aguilar; Officer Jose Vasquez• Officer Bryon 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. 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: Fire Safety 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 regular 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 Comma Council of the City of San Bernardino Page 2 Printed 211412012 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 100th 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. Chiefs Commendation - Lieutenant Dan Keil and Sergeant Christine Keil - Explorer Program Sergeant Dan Gomez, Detective George Luna, Officer Jason Heilman, Officer Joe Valdivia, Officer Edward Flores, Officer Ray Bonshire, Officer Byron Clerk, Officer Nelson Carrington, Officer Jon Plummer, with Certificates of Recognition to Probation Officer Jason Jorski and Parole Agent Emie Bastarache - Gang Unit Life Saving Medal - Officer Robert Richards and Detective Dennis Houser Police Star for Merit - Sergeant Joey Zink and Officer Kris Kohrell Meritorious Service Award - Sherry Bradbury (26 yrs.), Sergeant Mike Desrochers (27 yrs.), Sergeant Steve Lowes (27 yrs.), Sergeant Lance Otey (27 yrs.), Officer Carlos Quiroz (27 yrs.), Sergeant Mike Blechinger (28 yrs.), and Officer Jerry 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 El 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 Common Council of the City of San Bernardino Page 3 Printed 2114120/1 Joint Regular Meeting Minutes December 5, 2011 5. Consent Calendar A. City Attornev 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 Orrick, Popka, Fortino & Brislin for Legal Services in the Case of Michael Street v. City of San Bernardino, et al., San Bernardino 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 Attornev 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 Bernardino 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 District Court Case No. CV 09-08455-ODW Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 4 Printed 2//4/2012 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 j 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. 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 E. City Clerk 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. 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 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 Printed 211412011 Joint Regular Meeting Minutes December 5, 2011 RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack G. City 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: MOVER: SECONDER: AYES: ABSTAIN: I. Finance ADOPTED [6 TO 0] Wendy J. McCammack, Council Member, Ward 7 Robert D. Jenkins, Council Member, Ward 2 Marquez, Jenkins, Brinker, Shorett, Kelley, McCammack Rikke Van Johnson Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and the authorization to issue warrants as listed. Mayor and Common Council of the City of San Bernardino Page 6 Printed 211412012 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 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 McCray 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, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 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 11 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 City of San Bernardino Page 7 Printed 211412012 Joint Regular Meeting Minutes December 5, 2011 L. Information Technoloey 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 -I 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: Marquez, 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 Recruit 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 regarding 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, Ward 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 Bernardino 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. Mayor and Common Council of the City of San Bernardino Page 8 Printed 211412012 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 -2011-314 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 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. 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 12010-2040 Expenditures. Motion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 211412012 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 R. Public Works RES -2011-318 Resolution of the Mayor and Common Council of the City of San Bernardino Awarding 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: Marquez, 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 Mayor and Common Council of the City of San Bernardino Page 10 Printed 211412012 Joint Regular Meeting Minutes December 5, 2011 Motion 2: Adopt Resolution. -- RESULT: ADOPTED [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 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 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. City Attorney Penman cautioned that his office, while working on another matter, was advised by HUD that they get very displeased when agencies treat CDBG funds like their own money. City Manager McNeely advised that staff did vet this early on with HUD and they had not problems with this. Motion: Authorize the Director of Finance to amend the FY 2011-12 Public Works budget to enhance the Street Light Project; add two additional Electrician I 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 L__- -- ---------J 6. Public Hearings to be Heard at 4:00 p.m. A. Human Resources Impasse Hearing - San Bernardino Fire Safety Employee Negotiations Motion: Table. Mayor and Common Council of the City of Son Bernardino Page / 1 Printed 211412012 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 (Paramedic), 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] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Human 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, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 12 Printed 211412012 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 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. 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 determined that the actual amount was $160,700.) 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: MOVER: FAILED 13 TO 41 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 Council of the City of San Bernardino Page 13 Printed 211412012 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. Motion: To use the $160,700 savings from Agenda Item Nos. 7A and 7B, as a budget amendment; and that the remainder of $762,588 be taken from the Liability Reserve Fund. RESULT: FAILED 13 TO 4] MOVER: Wendy J. McCammack, Council Member, Ward 7 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 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 Morris 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 of the City of San Bernardino Page 14 Printed 211412012 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 Morris 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. Mr. 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 31 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 Mayor and Common Council of the City of San Bernardino Page 15 Printed 1/14/1011 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 Morris 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 31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson i NAYS: Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack 9. Community Development Commission A. Economic Development A2ency 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 first 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 Bernardino, CA, stated she attended her first Senior Affairs Commission meeting where she learned that vacant homes are 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 area. If interested, call her at 909/693-0072. Mayor and Common Council of the City of San Bernardino Page 16 Printed 211412012 Joint Regular Meeting Minutes December 5, 2011 Hayward Jackson quoted a message from Isaiah 9 and 10 regarding God's anger. Rose Loya, San Bernardino, 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, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion: Direct staff to draft 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: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 17 Printed 1/14/1011 Joint Regular Meeting Minutes December 5, 2011 12. Adjournment The meeting adjourned at 7:18 p.m. The next joint regular 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: G. 7 Linda E. Hartzel Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 18 Printed 211412012