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Home My WebLink About01-23-2012 MinutesMayor 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, JANUARY 23, 2012 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. 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. Morris 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): 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 Bernardino, 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 Marlatt v. City of San Bernardino, County of San Bernardino and Does 1 through 30, inclusive - San Bernardino Superior Court, Case No. CIVDS 1000163; Maria D. Mejia, Salvador Melgoza; M.A. Guadalupe Melgoza v. City of San Bernardino; Does 1-10, Inclusive - United States District Court, Case No. ED CV 11-00452 VAP (DTBx); Zimmon, Garrett v. City of San Bernardino - 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 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 - 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 resolutions and ordinances on the regular agenda of the Mayor and Common Council. Moment of Silence A moment of silence was observed in memory of Lorraine Bocanegra and Winfred Breland, Sr. 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. 2. Appointments A. Mayor’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. 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 Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Rachel Heredia Community Development 10 Dawn Glaze Finance 20 Linda South Finance 15 Laura Yavornicky Finance 15 Kenneth Moseley Fire 30 Sylvia Hansen Police 5 Otis Herrington Police 15 Scott Murray Police 15 Mirela Grigoreseu Public Works 10 Mark Kalfell Public Works 5 B. Student of the Month 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 Award - Cindy Piepmeier, Community Development; Leadership Award - Mayra Ochiqui, City Clerk’s office; Innovations Award - Rose Pruitt, Police Department (not present); Teamwork Award - James Bare, Veronica Garcia & Melissa Sheffenberg, Police Department E. Chamber of Commerce Announcements Ron Coats presented the Chamber’s announcements. 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 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 January 23, 2012. 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 C. City Manager RES-2012-14 Resolution of the Mayor and Common Council of the City of San Bernardino 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. 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 rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, except for Item No. 1, which will be continued to February 6, 2012. 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 E. Community Development MC-1370 An Ordinance of the City of San Bernardino Deleting Amendment MC 1356 and Amending Chapter 19.06 Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino 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 Bernardino and Regal Cinemas Inc. for a 14-Screen Movie Theater in Downtown San Bernardino. Final Reading Motion: Adopt Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins 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, Ward 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, Ward 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 Bernardino Authorizing an Agreement Between the City of San Bernardino and the County of San Bernardino for Participation in the San Bernardino County Sheriff Department's Prisoner Work Release Program. Motion: Adopt Resolution. 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 6. Committee Consent A. City Manager RES-2012-16 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and the San Bernardino 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: ADOPTED [5 TO 1] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Brinker, Shorett, Kelley, Johnson NAYS: Wendy J. McCammack ABSENT: Robert D. Jenkins C. Human Resources Human Resources Department Reorganization Council Member/Commissioner McCammack stated that she could not approve these increases when everybody else is taking cuts. 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 (1) 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) Departmental Accounting Technician position, Range 1370, $2810 - $3416/month, to Administrative Assistant position, Range 1380, $2954 - $3591/month; delete one (1) 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. 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, 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 Bernardino 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Brinker, Shorett, Kelley, Johnson, McCammack ABSENT: Robert D. Jenkins F. Public 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 years. 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 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. 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 a three-year period. The total personnel costs for that division are about $6 million and the PERS increase is $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 to 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. 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—CPI 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 Morris explained that the Council committee—Mr. 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 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. Motion: Set a public hearing for March 19, 2012, at 4:00 p.m. in the Council Chambers to consider rate increase for Integrated Waste Management customers, 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. 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. Continued 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. 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 Bernardino, 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: Robert 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 Attorney 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 Bernardino Economic Development Corporation (SBEDC). RESULT: ADOPTED [5 TO 0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack ABSENT: Robert D. Jenkins 9. Community Development Commission A. Economic Development Agency 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 City 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. 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 the 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 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 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. Tom Brickley, San Bernardino, CA stated he was born, raised, and educated in San Bernardino and they have a family-owned business. He is currently Vice Chair of Inland 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 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 pander to the fire union and expect cuts to come from other employee units. Tracylyn Sharrit, San Bernardino, CA thanked City Clerk Clark and Council Member Brinker for their service and wished them well. Dr. Milton Clark, San Bernardino, 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 Bernardino, CA spoke regarding elected officials who appear 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 Bernardino, 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 Bernardino 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 Clerk—Gigi Hanna. 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 Mr. Prince). He stated that he was recruited by Shauna Clark, Jeri Simpson and Betty Haight. He added that four years ago he endorsed Rachel Clark, and no one came forward to ask why he was supporting Rachel Clark—that almost all elected officials are 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. RACHEL G. CLARK, CMC City Clerk By Linda E. Hartzel Deputy City Clerk