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Home My WebLink About08-29-2012 Jt. Spe Mtg Minutes �eFgNarzurNO City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members ?° z San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett toEn tN �� Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY AUGUST 29, 2012 The Joint Special Meeting of the Mayor and Common Council was called to order by Mayor Patrick J. Morris at 4:00 p.m., Wednesday, August 29, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 4:00 p.m. John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 4:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 4:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 4:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 4:00 p.m. Patrick J. Morris Mayor Present 4:00 p.m. James F. Penman City Attorney Present 4:00 p.m. ® Georgeann "Gigi" Hanna City Clerk Present 4:00 P.M. Andrea Travis-Miller --City Manager Present 4:00 p.m. Mayor and Common Council ojthe City ofSan Bernardino Page 1 Printed 911312011 Joint Special Meeting Minutes August 29, 2012 1 . Closed Session - Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): In Re City of San Bernardino, California, United States Bankruptcy Court, Central District of California (Riverside), Case No. 6:12-bk28006. 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that under Agenda Item 1F, Conference with Labor Negotiator, that the labor negotiator would be the City Manager. 9 Closed Session - Public Comments + Kathy Mallon, San Bernardino, CA stated that around June 2010 the Mayor and Council came up with a City Vision that was full of hope. She reviewed some of the specifics included in that vision and asked the Mayor and Council to keep in mind the vision they had for the City two years ago as they address the current budget issues. Council Member Kelley expressed disappointment that the Pre-Pendency Plan had not yet been made available to the public. Council Member McCammack stated she was not sure that the information in the plan had been shared with all employees by their supervisors, and it would be unfair to the employees if the specifics have not been discussed with them. 2. Open Session 2A. Parks, Recreation & Community Services RES-2012-137 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Vendor Service Agreements with Inland Empire Landscape, Service Scape, and Valley Crest Landscape to Perform ® Comprehensive Landscape Maintenance on the City of San Bernardino's Fifty-Eight (58) Landscape Maintenance Districts. Mayor and Common Council ofthe City of San Bernardino Page 2 Printed 9/!3/20!2 Joint Special Meeting Minutes August 29, 2012 Council Member McCammack stated she would abstain on this item because one of the ® vendors could be a business client. She left the Council Chambers and returned after the vote was taken. Council Member Valdivia asked several questions specific to his ward and stated he was not totally comfortable voting on this item tonight. Council Member Valdivia made a motion to continue the matter to the Council meeting of September 4, 2012. The motion failed for lack of a second. Council Member Johnson stated that supervision had been a concern the last time they used contract services, and he asked if that problem had been resolved. Kevin Hawkins, Director of Parks, Recreation and Community Services, replied that the supervision will be there, and if the contractors are not performing they will be eliminated. Council Member Kelley read an email into the record from one of his constituents regarding the deplorable condition of the landscaping in the Landscape Maintenance District (LMD) associated with his property. E 1 Motion. Continue the matter to the Council meeting of September 4, 2012. RESULT: FAILED 12 TO 4] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Jenkins, Valdivia NAYS: Marquez, Shorett, Kelley, Johnson ABSTAIN: McCammack Public Comments: Edra Fiocca, Fifth Ward resident, spoke regarding the fire danger near her home from the unmaintained LMD. She stated the money the residents have paid has disappeared, even though it is a restricted fund. She wanted to know who made the decision to use these funds and stated that she wants a refund. Ida Raffett, Fifth Ward resident, stated she was also afraid of the fires and wanted to know if the Fire Department was coming out the next day to inspect the property. Motion: Waive full reading; and adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 91IT12012 Joint Special Meeting Minutes August 29, 2012 RESULT: ADOPTED [5 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson NAYS: Valdivia ABSTAIN: McCammack 2B. City Mana¢er Authorization for the Director of Finance, Under Direction of the City Manager, to Utilize Restricted Funds to Conduct Day to Day Business of the City Until the City Becomes Cash Solvent. Council Member McCammack stated that she would like to see the motion amended to read: Authorize the Director of Finance, under direction of the City Manager, to utilize restricted funds to conduct day to day business of the City as long as the restricted funds are being paid back within 364 days. Acting City Manager Travis-Miller answered that she didn't know if she could do that within the next 364 days due to the City's current financial condition. Motion: Authorize the Director of Finance, under direction of the City Manager, to utilize restricted funds to conduct day to day business of the City until the City successfully emerges from bankruptcy and becomes cash solvent. RESULT: FAILED 13 TO 41 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Johnson NAYS: Jenkins, Valdivia, Kelley, McCammack Public Comments: Hans Vandertouw, San Bernardino, CA Kathy Mallon, San Bernardino, CA Motion: Authorize the Director of Finance, under direction of the City Manager, to utilize restricted funds to conduct day to day business of the City, and that the matter shall come back to the full Council in no more than six months for full evaluation. Mayor and Common Council of the City of San Bernardino Page 4 Printed 911312011 Joint Special Meeting Minutes August 29, 2012 RESULT: ADOPTED 16 TO 11 MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: Valdivia I 2C. City Manazer RES. 2012-227 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Authorizing the City of San Bernardino to Establish 2012-2013 Expenditures for the Month of September 2012 Only, at One-Twelfth the Actual Levels Contained in the Adopted Budget for 2011-2012 Fiscal Year, or as Needed to Pay the Authorized Costs Incurred for the Month of September 2012 Only, Pending Final Approval of the 2012-2013 Budget. Public Comments: Paul Sanborn, San Bernardino, CA Kathy Mallon, San Bernardino, CA Steve Tracy,member of public safety Motion: Waive full reading; and adopt the Resolution. RESULT: ADOPTED [6 TO 1] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: Valdivia 2D. Council Office Designation of Council Member John A. Valdivia as the Voting Representative for the City of San Bernardino at the League of California Cities Conference Scheduled for September 5 - 7, 2012 in San Diego California and Authorizing the Payment of Costs and Expenses for Council Member Valdivia for Said Conference. Motion: To table the matter. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 2E. City Manaeer O Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Pre-Pendency Budget Plan. Mayor and Common Council of the City of San Bernardino Page 5 Printed 911312012 Joint Special Meeting Minutes August 29, 2012 Andrea Travis-Miller, Acting City Manager, provided background information, stating that as they developed the pre-pendency plan they had placed a high priority on frontline safety services. Mike Busch, President, Urban Futures Inc., discussed how the City had gotten into its current financial straits and what could now be done to turn things around. He mentioned the negative cash balance, the significant decline of revenue such as sales tax and property tax, and the high unemployment rate in the city. Council Member Valdivia expressed dismay that the pre-pendency plan was not made available to the public before tonight. Police Chief Robert Handy provided information on the proposed actions to be taken by his department regarding the budget and operational restructuring plan; and answered questions posed by the Council. Paul Drasil, Acting Fire Chief, reviewed with the Council his recommendations for the Fire Department relative to the budget and operational restructuring plan. Council Members Jenkins, Valdivia and Kelley stated that they could not support the closing of any fire stations in any part of the city. OCouncil Member Kelley submitted his proposal for revamping the Fire Department. Due to the lateness of the hour, it was the consensus of opinion that this matter should be continued to the regular Council meeting scheduled for Tuesday, September 4, 2012, in order for the remaining department heads to present their proposals to the Mayor and Council. 3. Public Comment Doug Potter, San Bernardino, CA stated that police and fire personnel don't pay anything toward their retirement and questioned the exorbitant benefits received by safety personnel. Ronald Donis, San Bernardino, CA stated he was ashamed of the infighting among the elected officials and that there should be contribution limits in the city. Stephen Johns, San Bernardino, CA expressed concern regarding the reduction of staffing in the sewer and refuse divisions. Scott Olson, San Bernardino, CA stated that the Council has his support and people need to come to grips with the Council's right to agree or disagree, but ultimately there will be no winners. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 9113/1011 Joint Special Meeting Minutes August 29, 2012 George Swift, general unit representative, stated that no one has met with his group--that he is reading the pre-pendency plan for the first time tonight and two Proposition 18 employees are being eliminated. He stated the process should be stopped until they have met with their employees. Barbara Babcock, San Bernardino, CA spoke regarding some of the events of the day and encouraged residents to go to the Police Academy. 4. Adjournment The meeting adjourned at 11:00 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:30 p.m., Tuesday, September 4, 2012. GEORGEANN"GIGP'HANNA City Clerk By Linda E. Hartzel� Deputy City Clerk Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 911312012