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HomeMy WebLinkAbout05.B- City Clerk DOC ID: 2228 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann"Gigi" Hanna M/CC Meeting Date: 01/22/2013 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s):N/A Subject: Council Minutes Financial Impact: No Cost to the City Motion: Approve the minutes of the Mayor and Common Council meetings of July 2, 2012; July 9,2012;July 10, 2012; July 18, 2012; and July 24, 2012, as submitted. Supporting Documents: 07-02-2012 Jt. Reg_gh (PDF) 07-09-2012 Special Meeting_ffi (PDF) 07-10-2012 Special (Draft)_gh (PDF) 07-16-2012 Jt. Reg_gh (PDF) 07-18-2012 Jt. Adj. Regular gh (PDF) C07-24-2012 Jt. Special (Draft)_0 (PDF) Updated: 1/17/2013 by Linda Sutherland A Packet Pg. 20- JULY 2 , 2012 � MINUTES � JTm REGULAR � wRSARI) z�o City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members 0 o San Bernardino CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia �o o' Fred Shorett GfD Chas A. Kelley Rikke Van Johnson Wendy J. McCammack DRAFT MINUTES N NN JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL T OF THE CITY OF SAN BERNARDINO v MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY r C MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 'o AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY ° m d MONDAY,JULY 2,2012 COUNCIL CHAMBERS N 0 N The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was o called to order by Mayor Patrick J. Morris at 1:30 PM, Monday, July 2, 2012, in the Council o Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order E U Attendee Name Title Status Arrived Q Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present John Valdivia 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 V Patrick J. Morris Mayor Present James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present Andrea Travis-Miller City Manager Present Mayor and Common Council of the City of San Bernardino Page I Packet Pg. 21 S.B.a Joint Regular Meeting Minutes July 2, 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): Briones, et al. v. City of San Bernardino, et al. - United States District Court, Case NO. CV 10-7571 CBM (Opx); Ellison, et al. v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1005001; Erik Brown v. City of San Bernardino, et al. - U.S. District Court, Case No. CV 12-2300-RGK(OPx); 0 N Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1109321; a d Madrigal, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CV 12-03286 JHN(OPx); U U.S. Bank v. McMahan - San Bernardino County Superior Court, Case No. CLADS 1204331; 0 Q Universal Trailers v. City of San Bernardino, et al. - San Bernardino Superior N Court, Case No. CIVDS 1102368; rn Bank of America v. Meiia - San Bernardino County Superior Court, Case No. m CLADS 12000923; Bank of America v. Rodriguez- San Bernardino County Superior Court,Case No. CA CIVDS 1202215; N N 0 Fleming v. Citv - San Bernardino County Superior Court, Case No. CIVDS o 1108467; c d GEICO v. Citv - San Bernardino County Superior Court, Case No. CIVDS 1112257; a Geisreiter,Reed et, al v. People, San Bernardino County Superior Court, Case No. CIVDS 1201771; Joaquin, v. Citv - San Bernardino County Superior Court, Case No. CV10-7138 CAS; Joaquin,v. Citv-United States District Court, Case No. CIVIDS-1007543; Porter v. Citv - San Bernardino County Superior Court, Case No. CIVDS 1102116; City v. SBUSD-Kohrell -Subrogation Case, San Bernardino County Superior Court, Case No. CIVDS 1203275; Mayor and Common Council of the City of San Bernardino Page 2 PacketPg. 22 S.B.a Joint Regular Meeting Minutes July 2, 2012 Stone v. Citv - San Bernardino County Superior Court, Case No. CIVDS 1110807; Tapia, v. Citv - San Bernardino County Superior Court, Case No. CIVDS 1105258; Vargas-Roman v. Citv- San Bernardino County Superior Court,Case No. CIVDS 1104423. 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. Agenda Item#6A N 0 C. Conference with legal counsel - anticipated litigation - initiation of litigation - i pursuant to subdivision(c) of Government Code Section 54956.9. N d 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. c i p F. Conference with labor negotiator - pursuant to Government Code Section N 54957.6. s rn Police Safety m Police Management W Fire Safety Fire Management a Mid-Management ry General o Management/Confidential o G. Conference with real property negotiator - pursuant to Government Code Section v 54956.8. z U R City Attorney Penman announced that the following additional item was discussed in a closed session: Agenda Item No. 1 D, Personnel - Senior Deputy City Attorney. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Morris requested a moment of silence in memory of Norine Miller. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg.23 5.B.a Joint Regular Meeting Minutes July 2, 2012 Invocation/Pledge of Allegiance The invocation was given by Council Member Johnson. The Pledge of Allegiance was led by Marie Ann Mae, formerly an honor student at Salinas Elementary School in the City of San Bernardino who is presently attending Cameron Elementary School in the City of Barstow. 2. Appointments A. Mayor's Office Appointment of Scott Beard to the Board of Building Commissioners - Council Member Wendy McCammack. Motion: Approve the appointment of Scott to the Board of Building Commissioners as requested by Council Member Wendy McCammack. RESULT: ADOPTED [UNANIMOUS] N MOVER: Wendy J. McCammack, Council Member,Ward 7 —'' SECONDER: Fred Shorett, Council Member,Ward 4 N AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack ABSENT: John Valdivia U C 3. Presentations o U 3A. Proclamation-Park&Recreation Month-Mayor Morris N A proclamation designating the month of July 2012 as National Parks and Recreation Month was presented to Parks, Recreation & Community Services Director Kevin rn Hawkins. sr m A Certificate of Recognition was presented to Acting Recreation Division Manager Glenda Martin-Robinson on the occasion of her retirement. ° N N 3B. Proclamation-Margaret Fedor A Resolution of Commendation was presented to Margaret Fedor, Executive Assistant to ° the Director, City Clerk's office, on the occasion of her retirement. E U 3C. Chamber of Commerce Announcements—Jim Gerstenslager a 4. Announcements — Mayor, Common Council and Elected Officials C Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.24 Joint Regular Meeting Minutes July 2, 2012 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated July 2,2012. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack N 6. Public Hearings to be Heard at 4:00 p.m. 6A. City Clerk y d Appeal Hearing Regarding the Requirement for Kohl's Department Stores to File an Amended Business Registration Renewal Application Stating the Gross Sales Attributable to the Internet Fulfillment Center for the Purposes of Calculating the Correct Business Registration Fee Due to the City; and to Pay All Applicable Fees. (Continued from June 18,2012) v The hearing was opened on May 7,2012. N N, Mayor Morris stated that a letter addressed to the Mayor and City Council had been rn received by Peter B. Kanter of Morrison & Foerster, dated June 25, 2012, regarding Kohl's Department Stores. The letter was reviewed by the City Attorney's office and a response was filed by Ms. Easland on June 28,2012. N 0 Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the N following individual that he would provide true and honest testimony: 0 Peter Kanter, Attorney with Morrison and Foerster representing Kohl's, stated that the issue is not whether Kohl's believes it does not have to have a business license permit, E but what is the proper and constitutional amount of tax that it is required to pay. Kohl's submits that if the City seeks to apply its tax based upon all of the gross receipts, regardless of where those sales are shipped to, regardless of the activities that occur by Kohl's Department Store outside of the City, that that is then an unconstitutional exercise of the City's taxing power and in excess reach of the City's power to gather taxes based upon activities that are occurring outside of the City. Motion: Close the hearing; deny the appeal and uphold the decision of the City Clerk to require that Kohl's Department Stores file an amended Business Registration Renewal Application stating the gross sales attributable to the internet fulfillment center for the purposes of calculating the correct Business Registration fee due to the City, and to pay all applicable fees. Mayor and Common Council of the City of San Bernardino Page 5 Joint Regular Meeting Minutes July 2, 2012 RESULT: ADOPTED 15 TO 21 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins,Valdivia, Johnson, McCammack NAYS: Fred Shorett, Chas A. Kelley 611. City Clerk Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. N r Mayor Morris opened the hearing. N T 3 New backup materials were distributed to the Mayor and Council and submitted into the w record marked Exhibit A and Exhibit B. Motion: Continue the matter to the Council meeting of July 16, 2012. U C RESULT: CONTINUED [UNANIMOUS] Next: 7/16/20121:30 PM 0 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member,Ward 5 N AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack L i rn 6C. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (Continued N from June 18, 2012) o N N The hearing was opened on May 7,2012. 0 Motion: Continue the matter to the Council meeting of July 16,2012. d E RESULT: CONTINUED [UNANIMOUS] Next: 7/16/2012 1:30 PM v MOVER: Rikke Van Johnson, Council Member, Ward 6 a SECONDER: Wendy J. McCammack, Council Member, Ward 7 1 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson,McCammack 6D. Community Development RES. 2012-181 — A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting Addendum to the Certified San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Report (EIR) SCH#2004111132 as Shown in Exhibits A&A2 and Adopt General Plan Amendment No. 12-01 to Update the City General Plan Land Use Map to Add Transit District Overlay District (TD) to Allow Thirteen(13) Transit Station Areas as Shown in Exhibit B. Agenda Item Nos. 6D and 6F were discussed simultaneously. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 26 Joint Regular Meeting Minutes July 2, 2012 Council Member McCammack stated that she would be abstaining on this item because Omnitrans is a client of her business. Mayor Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments in support of the project: Matt Korner, San Bernardino, CA; Evelyn Trevino, San Bernardino, CA; Jim Mulvilhill, San Bernardino, CA, spoke and submitted into the record a document titled, "Transit Overlay Discussion,dated June 18, 2012; Trevell Thomas, San Bernardino, CA; N Tim Prince, San Bernardino, CA. o N T City Clerk Hanna read and submitted into the record a letter of support addressed to Mayor Patrick J. Morris from Albert K. Karnig, President of California State University, m San Bernardino, dated June 28,2012. Public Comments in opposition to the project: Gary Walbourne, San Bernardino, CA; o U Ron Coats, San Bernardino, CA; .. John Matley, San Bernardino, CA; N Judy Penman, San Bernardino, CA; Ralph Affaitati, San Bernardino, CA; a Larry Quiel, San Bernardino, CA; o Scott Olson, San Bernardino, CA; Matt Florez, San Bernardino, CA; Roger Henderson, San Bernardino, CA; N Jack Avakian, San Bernardino, CA; N Carol Donnelly, San Bernardino,CA; o Laurie Stalnaker,Highland, CA; o Jim Penman, San Bernardino, CA. d Motion: Close the hearing; adopt the Addendum to the certified San Bernardino s General Plan Update and Associated Specific Plans EIR R SCH#20041 1 1 1 32; and adopt resolution approving General Plan Amendment No. 12-01 based on the Findings of Fact and attached draft resolution contained in the staff report(Attachment Q. RESULT: ADOPTED 14 TO 21 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia ABSTAIN: Wendy J. McCammack Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg. 27 S.B.a Joint Regular Meeting Minutes July 2, 2012 6E. Community Development An Appeal of the Planning Commission Denial of Conditional Use Permit (CUP)No. 12- 03 to Construct a New Wireless Telecommunications Facility Consisting of a 65-Foot Tall, Camouflaged Monopalm Tower and Associated Equipment Stored Within an Existing Commercial Building, Located at 1702 N. "D" Street and 420 W. 17'h Street in the Commercial Office (CO) and the Residential Suburban (RS) Land Use Districts. (Continued from May 7, 2012.) The hearing was opened on May 7, 2012. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individuals that they would provide true and honest testimony: Public Comments in support of the project: N John Matley, San Bernardino, CA; N John Beke,Metro PCS,Riverside, CA; Zack Hovav,Upland, CA; a Richard Brooks, San Bernardino, CA. c Motion: Close the hearing; grant Appeal No. 12-02, and approve CUP No. 12-03, as amended with selected location and design, based on the Findings of Fact and subject to the Conditions of Approval (Attachment C) contained C U in the Staff Report to the Planning Commission. __ __.._..... N RESULT: ADOPTED [UNANIMOUS] -NN MOVER: Wendy J. McCammack, Council Member,Ward 7 rni SECONDER: Chas A. Kelley,Council Member,Ward 5 v AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson,McCammack N 0 N N O r 0 G d t U Q Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 28 Joint Regular Meeting Minutes July 2, 2012 6F. Community Development An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Chapter 19.02.060, Establishment of Land Use Zoning Districts to Add Transit Overlay District (TD) and Adding Chapter 19.19A to Establish the Transit Overlay District Pertaining to Development Standards and Design Guidelines. (FIRST READING) (Continued from June 18, 2012) The hearing was opened on February 6,2012. Refer to Agenda Item No. 6D for the discussion and action relative to this item. Motion: Close the hearing; adopt the Addendum to the certified San Bernardino General Plan Update and Associated Specific Plans EIR SCH#2004111132; approve Development Code Amendment No. 12-01 N based on the Findings of Fact contained in the staff report; and lay over �°, Ordinance for final adoption(Attachment J). RESULT: FIRST READING [4 TO 21 Next: 7/16/20121:30 PM w MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Chas A. Kelley, Rikke Van Johnson NAYS: Robert D. Jenkins,John Valdivia ABSTAIN: Wendy J. McCammack N N N 7. Staff Reports 7A. City Attorney RES. 2012-182 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between N Chadwick J. Bradbury II and the City of San Bernardino for Legal Services . N Motion: Adopt Resolution. 9 0 RESULT: ADOPTED [4 TO 31 MOVER: Robert D. Jenkins, Council Member,Ward 2 U SECONDER: Wendy J. McCammack, Council Member, Ward 7 a AYES: Robert D. Jenkins,John Valdivia, Chas A. Kelley,Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett,Rikke Van Johnson 7B. City Attorney RES. 2012-183 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner&Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Jose Munoz v. City of San Bernardino, San Bernardino Superior Court, Case No. CCIVDS1110863. Public Comments: Tim Prince, San Bernardino, CA. Mayor and Common Council of the City of San Bernardino Page 9 S.B.a Joint Regular Meeting Minutes July 2, 2012 Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 21 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Kelley,McCammack NAYS: Fred Shorett, Rikke Van Johnson 7C. City Attorney RES. 2012-184 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner&Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of Michael Wade v. City of San Bernardino, United States District Court, Case No. CV l- N 09831 GHK(SPx). c N Motion: Adopt Resolution. —' 3 RESULT: ADOPTED [5 TO 21 d MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia,Kelley, McCammack NAYS: Fred Shorett, Rikke Van Johnson 0 N 7D. City Attorney N RES. 2012-185 — Resolution of the Mayor and Common Council of the City of San r Bernardino Authorizing the Execution of a Professional Services Agreement Between Wagner&Pelayes, LLP and the City of San Bernardino for Legal Services in the Case of a Rovinski Renter v. City of San Bernardino,United States District Court, Case No. CVl 1- 07222 GAF(CWx). N 0 Motion: Adopt Resolution. N 0 RESULT: ADOPTED [5 TO 2] ° c MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins,Valdivia,Kelley,McCammack NAYS: Fred Shorett, Rikke Van Johnson 7E. City Manaeer RES. 2012-186 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Bnmick, McElhaney & Kennedy for Hearing Officer and/or Administrative Law Officer Services. City Attorney Penman advised that his office had conflicted off of this item. He stated that Tom Clark had reviewed and approved this item. He left the Council Chambers and returned after the vote was taken. Mayor and Common Council ofthe City of San Bernardino Page 10 S.B.a., Joint Regular Meeting Minutes July 2, 2012 A'lotion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 7F. City Manaser RES. 2012-187 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement by and Between the City of San Bernardino and Graves & King LLP for Hearing Officer and/or Administrative Law Officer Services. N City Attorney Penman advised that his office had conflicted off of this item. He stated N that Tom Clark had reviewed and approved this item. He left the Council Chambers and , returned after the vote was taken. N d Motion: Adopt Resolution. 'c RESULT: ADOPTED [6 TO 1] c MOVER: Fred Shorett,Council Member,Ward 4 0 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson,McCammack N NAYS: John Valdivia t i 7G. Civil Service d Personnel Actions—Classified Motion: Approve the classified personnel actions, as submitted by the Chief N 0 Examiner, in accordance with Civil Service rules and Personnel policies N adopted by the Mayor and Common Council of the City of San c Bernardino. ° c m RESULT: ADOPTED 16 TO 1] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 a AYES: Marquez, Jenkins,Valdivia,Kelley, Johnson, McCammack NAYS: Fred Shorett Mayor and Common Council of the City of San Bernardino Page II Packet Pg. 31 5.B.a Joint Regular Meeting Minutes July 2, 2012 7H. Community Development ORD. MC-1374—An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030(8)to Allow the Use of Electrified Fencing as an Approved Fencing Material. (FINAL READING) (Laid over from June 18,2012) Motion: Adopt Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack,Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack _ r 7I. Community Development An Ordinance of the City of San Bernardino Amending the San Bernardino Municipal Code Titles 2, 10, 12, 13, 15, 16, and 17 to Reflect Organizational Changes from the N Development Services Department to the Community Development Department or the 3 Public Works Department. (FIRST READING) Motion: To table the matter. c 0 0 U RESULT: TABLED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 N N SECONDER: Robert D. Jenkins,Council Member,Ward 2 t AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack d 7J. Council Office Alternative Energy Solutions for Powering Street Lights N 0 N Council Member Valdivia made a motion, seconded by Council Member McCammack, o to direct the City Manager to task the Public Works Department to: o c A. Determine the viability of alternative energy solutions' for implementation within E the City of San Bernardino (by August 1, 2012); U B. Identify appropriate application & installation of alternative energy solutions' a throughout our city within the framework of test pilot areas (by August 1, 2012); C. To seek out vendors, in keeping with standard notification procedures/protocol, and, award these bids to ensure street lights are returned into normal operation; D. Report back to Mayor and Common Council within 60 days to report findings and outcomes. 'Alternative energy solutions: defined as either LED lighting; and/or solar lighting with a minimum of 40% of the final outcome being allocated to Solar Street Lights within test pilot areas. No vote was taken. Mayor and Common Council of the City of San Bernardino Page 12 Packet Pg. 32 5.B.a Joint Regular Meeting Minutes July 2, 2012 Andrea Travis-Miller, Acting City Manager, stated that in regards to Item C, staff would need to follow the process to identify vendors and bring that back to the Council, so some of the deadlines may be unrealistic. She stated that staff would need at least four to six months. Council Member Jenkins made a motion, seconded by Council Member McCammack, to direct the City Manager to task the Public Works Department to: A. Determine the viability of alternative energy solutions) for implementation within the City of San Bernardino (by "..gust , -2n,2); B. Identify appropriate application & installation of alternative energy solutions' throughout our city within the framework of test pilot areas (by August 1 2012`; C. Deleted. 0 D. Report back to Mayor and Common Council within 60 days to report findings and T outcomes. N v 'Alternative energy solutions: defined as either LED lighting; and/or solar lighting with a minimum of 40% of the final outcome being allocated to Solar Street Lights within test pilot areas. o c 0 0 Public Comments: U Hugh Martin, Chairman and CEO of Zerolux Corporation; N J. R. Canosa, Director of Sustainable Energy Solutions for the National Electrical N Contractors Association. t rn i rn RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins,Council Member, Ward 2 .; SECONDER: Wendy J. McCammack, Council Member,Ward 7 N 0 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack N N O r O 71C Council Office Fire Department Staffing Efficiencies s Public Comments: Paul Sanborn, San Bernardino, CA, submitted into the record a document titled, "City of a San Bernardino `Report to the People' 1963"; John Marini, San Bernardino, CA. Motion: Adopt Fire Department Staffing Efficiencies, as follows: 1. Eliminate the Cadet Program, and utilize the Explorer Program to achieve the "proposed goals of the Cadet Program"at no cost to the taxpayer or the City. 2. Reassign the three daytime Administrative Chiefs to shift duty (48/96 schedule), where they would assume their current duties. 3. Temporarily leave the following positions vacant through attrition,until such time the City can afford to fill the positions: Deputy Chief, Division Chief, and Fire Marshal. Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 33 S.B.a Joint Regular Meeting Minutes July 2, 2012 4. Vacancy through attrition of the Disaster Preparedness position. — 5. Eliminate the Public Education Position. RESULT: ADOPTED [4 TO 31 MOVER: Chas A. Kelley,Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Robert D. Jenkins, John Valdivia, Chas A. Kelley,Wendy J. McCammack NAYS: Virginia Marquez, Fred Shorett, Rikke Van Johnson 7L. Council Office Public Comments N Council Member Johnson made a motion, seconded by Council Member Marquez, to N start the public comments for items not on the agenda around 6:00 p.m. and to allot an hour at that time. If more public wish to speak at the meeting outside of the allotted hour, they will be heard at the conclusion of the agenda. No vote was taken. 5 Council Member McCammack made a substitute motion to begin the meeting at 1:00 p.m. The motion died for lack of a second and was subsequently withdrawn. c Motion: To generally start the public comments for items not on the agenda around 0 10 . 6:00 p.m. and to allot an hour at that time. If more public wish to speak at the meeting outside of the allotted hour, they will be heard at the N conclusion of the agenda. t RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson,Council Member,Ward 6 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack N - N O 7M. Council Office r 0 San Bernardino Hometown Heroes Military Banner Program c v Consensus E Motion: Receive and file committee update. a Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg. 34 S.B.a Joint Regular Meeting Minutes July 2, 2012 7N. Human Resources Personnel Actions-Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [6 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: John Valdivia 70. Human Resources RES. 2012-188 — Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing Extensions of MOUs/Side Letters, and Resolutions for the 3 General,Middle Management, and Management/Confidential Bargaining Units. a m Motion: Adopt Resolution; and authorize the Acting City Manager to continue a 5 36-hour reduced work week and commensurate Friday closure of City Hall until successor MOUs/Side Letters/Resolutions are negotiated/ adopted. 0 Co U RESULT: ADOPTED [5 TO 1] N N MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 m AYES: Marquez,Jenkins, Shorett, Johnson, McCammack NAYS: John Valdivia ABSENT: Chas A. Kelley N 0 N N 7P. Human Resources ° Update the Job Description for the Public Works Department, Fleet Division 0 c Motion: Approve the job description as proposed. E L V RESULT: ADOPTED [6 TO 1] a MOVER: Wendy J. McCammack,Council Member,Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack NAYS: John Valdivia 7Q. Parks.Recreation & Community Services RES. 2012-189 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Food Service Agreement with the San Bernardino City Unified School District Relating to Delivery of Type a Lunches to City Sites for the District's Year-Round and Summer Lunch Program FY 12/13 (Year Two of Three),with One Optional Single Year Renewal. Mayor and Common Council of the City of San Bernardino Page 15 Packet Pg. 3 5.B.a Joint Regular Meeting Minutes July 2, 2012 Council Member McCammack stated that she would be abstaining on this item because the school district is a client of her business. City Attorney Penman stated that he would be abstaining from this item because his wife is a member of the San Bernardino Unified School District School Board. He advised that Attorney Tom Clark had reviewed and approved this item. Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson N NAYS: John Valdivia o N ABSTAIN: Wendy J. McCammack T N 7R. Public Works RES. 2012-190 — Resolution of the City of San Bernardino Confirming the 2012/2013 0 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. 0 0 Council Member Johnson stated that he would be abstaining from this item because this assessment district is within 500 feet of his property. Co Motion: Adopt Resolution. i rn 0 RESULT: ADOPTED [6 TO 01 MOVER: Wendy J. McCammack,Council Member,Ward 7 0 SECONDER: Chas A. Kelley, Council Member, Ward 5 N N AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, McCammack ABSTAIN: Rikke Van Johnson ° r 0 E 7S. Public Works s U RES. 2012-191 — Resolution of the City of San Bernardino Confirming the 2012/2013 =° Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, a Belmont Avenue and Magnolia Avenue Area. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member,Ward 5 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg. 36 S.B.a Joint Regular Meeting Minutes July 2, 2012 7T. Public Works RES. 2012-192 —Resolution of the City of San Bernardino approving an Agreement for Services with Willdan for Design of the Widening of Fortieth Street from Johnson Street to Electric Avenue (SS04-014). Motion: Adopt Resolution. RESULT: ADOPTED [5 TO 2] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Kelley,Johnson NAYS: John Valdivia, Wendy J. McCammack N 7U. Public Works N Resolution of the Mayor and Common Council of the City of San Bernardino 3 Authorizing the Execution of an Agreement and Purchase Order with the Safeway Sign N Company for the Purchase of Traffic Signs for Repair, Removal, and Replacement of Damaged, Faded and Vandalized Signs, and New Installation of Signs Located Throughout the City of San Bernardino. — U G Motion: Continue the matter to the Council meeting of July 16, 2012. 0 �o RESULT: CONTINUED [UNANIMOUS] Next: 7/16/2012 1:30 PM N MOVER: Wendy J. McCammack, Council Member, Ward 7 L SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N 7V. Public Works N RES. 2012-193 — Resolution of the Mayor and Common Council of the City of San N Bernardino Awarding a Contract to Laird Construction Co., Inc. for Storm Drain and o Street Improvements on Mountain Avenue from 39u' Street to 401s Street (SD04-004; SS04-018; SS-B; SS-C),per Project Plan No. 10265A. E Motion: Adopt the Resolution; and direct Public Works staff to contact the homeowner on Mountain Avenue and inform them of the City's plan and a make sure we are not exacerbating the situation. RESULT: ADOPTED [6 TO 11 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins, Shorett, Kelley,Johnson,McCammack NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 17 Packet Pg. 37 i S.B.a Joint Regular Meeting Minutes July 2, 2012 7W. Public Works RES. 2012-194 — Resolution of the Mayor and Common Council of the City of San Bernardino Declaring its Intention to Order the Vacation of a portion of the Southwesterly side of Kendall Drive, Northerly of Pine Avenue and Reserving Public Utility Easements Therein. City Attorney Penman stated that he would be abstaining from this item to avoid the appearance of a conflict. He advised that Attorney Tom Clark had reviewed and approved this item. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] N MOVER: Chas A. Kelley, Council Member,Ward 5 N SECONDER: Wendy J. McCammack, Council Member, Ward 7 21 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack N ABSENT: John Valdivia c 8. New Business U C 8A. City Attorney 'o RES. 2012-195 — Resolution of the Mayor and Common Council of the City of San Q Bernardino authorizing the execution of a Professional Services Agreement between N Henry Empeno and the City of San Bernardino for legal services. r Motion: The matter arose subsequent to the posting of the agenda and there is a M1 need to take immediate action. RESULT: ADOPTED [UNANIMOUS] N MOVER: Wendy J. McCammack,Council Member, Ward 7 N SECONDER: Fred Shorett, Council Member,Ward 4 0 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack c c E Motion: Adopt the Resolution, as amended, changing City Manager to Mayor on page 1, line 6; and changing Acting City Manager to Mayor Patrick J. c Morris on page 3, line 12 of the agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member,Ward 2 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley,Johnson, McCammack ABSENT: John Valdivia C Mayor and Common Council ofthe City of San Bernardino Page 18 Packet Pg. 38 5.B.a Joint Regular Meeting Minutes July 2, 2012 9. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, stated that she wanted a full report as to what happened to the missing $7 million; asked the City to repair sidewalks at the 5'h Street Senior Center. Roxanne Williams, San Bernardino,CA, spoke in support of the Regal Cinemas. Tom Kanavos, San Bernardino, CA, Turrell Transitional Assistance, spoke about the fireworks stand at "H" and Highland and stated that all the proceeds will be used to help homeless veterans and getting them off the streets. 10. Adjournment The meeting adjourned at 10:14 p.m. The next joint regular meeting of the Mayor and o Common Council and the Mayor and Common Council Acting as the Successor Agency T to the Redevelopment Agency is scheduled for 1:30 p.m., Monday,July 16, 2012. N d C_ GEORGEANN"GIGP'HANNA City Clerk c U BY N Linda Sutherland Deputy City Clerk d N O N N O r 0 c m E s U R Q Mayor and Common Council of the City of San Bernardino Page 19 Packet Pg. 39 � JULY 9 , 2012 � MINUTES � SPECIAL � � MEETING CITY OF SAN BERNARDINO MINUTES FOR THE SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY,AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY N r O MONDAY, JULY 912012 5:00 PM—CLOSED SESSION N d r 3 COUNCIL CHAMBERS • 300 NORTH"D"STREET • BAN BERNARDINO,CA 92418 • WWW.SBCITY.ORG 5 .v c Virginia Marquez Patrick J. Morris Wendy J. McCammack 0 COUNCIL MEMBER,WARD I MAYOR COUNCIL MEMBER.WARD 7 co N N Robert D.Jenkins Andrea Travis-Miller r m COUNCIL MEMBER,WARD 2 ACTING CITY MANAGER c John Valdivia �9Q► � James F. Penman w m COUNCIL MEMBER,WARD 3 CITY ATTORNEY ,A \V m Fred Shorett �,. ,� Georgeann "Gigi" Hanna rn COUNCIL MEMBER,WARD 4 0A CITY CLERK p N Chas Kelley • . David Kennedy o n COUNCIL MEMBER,WARD$ 1. n�O CITY TREASURER V'IE'D I� iT c Rikke Van Johnson E s v (:O C�,C'I i..SIib1BER,WARD 6 ,M.. a Packet Pg,40 S.B.b Special Meeting Minutes July 9, 2012 The special meeting was called to order by Mayor Patrick J. Morris at 5:05 p.m., Monday, July 9, 2012, in the Council Chambers, 300 North"D" Street, San Bernardino, California. It moved to the 60' Floor MIC conference Room at 5:12 p.m. Roll Call Present: Mayor Morris; Council Members Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; Jolena Grider, Stephanie Easland, Acting City Manager Travis-Miller; Robert Heitzman, Paul Glassman, Tom Clark, Michael Busch, Finance Director Jason Simpson, Teri Baker, City Clerk Hanna. N 1. CLOSED SESSION—PURSUANT TO GOVERNMENT CODE SECTION(S): o N A. Conference with legal counsel -existing litigation-pursuant to Government Code Section 54956.9(a): m 5 Yvonne Barnes v. City, et al. - San Bernardino Superior Court, Case No. CIVDS 807102; — r C Jose Munoz v. City, et al. - San Bernardino Superior Court, Case No. CIVDS 1110863; N Rovinski Renter v. City, et al. -USDC Case No. CV 11-07222 GAF (CWx); N r Michael Wade v. City, et al. -USDC Case No. CV11-9831 GHK(SPx). c Sipple v. City of Alameda,Los Angeles Superior Court, Case No. BC 462270. B. Conference with legal counsel - anticipated litigation - significant exposure to R litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code a Section 54956.9: m N r O Thirteen cases. N o� 0 C. Conference with legal counsel - anticipated litigation - initiation of litigation - o pursuant to subdivision(c) of Government Code Section 54956.9. d E D. Closed Session-personnel-pursuant to Government Code Section 54957. R E. Closed session with Chief of Police on matters posing a threat to the security of a 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: General Unit Mid-Management Unit Management/Confidential Unit Fire Safety Unit Fire Management Unit Police Safety Unit Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 41 S.B.b Special Meeting Minutes July 9, 2012 Police Management Unit G. Conference with real property negotiator-pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Allen J.A. v. City of San Bernardino—U.S. District Court, Case No. CV09-1388; JLO (JCX)May. Cedric Sr. v. City of San Bernardino—U.S. District Court,Case No. CV-10-00978 VAP (DTBX); and N 0 Estate of Terry Nash v. City of San Bernardino — U.S. District Court, Case No. T CV09-08671 RGK. N d 2. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA No public comments were received. U C 3 NOTE: A document titled, "City of San Bernardino Budgetary Analysis and 0 Recommendations for Budget Stabilization," dated July 9, 2012, was submitted ;; into the record and distributed to the Council for discussion at the next Council N meeting. z rn 3. ADJOURNMENT At 7:12 p.m., the Closed Session was continued to to Tuesday, July 10, 2012, at 4:00 p.m., with Open Session at 5 p.m. in the Council Chambers of City Hall. 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 rn 1:30 p.m., Monday,July 16,2012. r 0 N QI O n 0 GEORGEANN"GIGI"HANNA City Clerk E r U A By a Linda Sutherland Deputy City Clerk C Mayor and Common Council ofthe City of San Bernardino Page 3 � JULY 10 , 2012 � � MINUTES � SPECIAL � � MEETING � � ( DRAFT) � WAR City of San Bernardino Mayor Patrick J. Morris t+ Council Members c �{� 300 North "D" Street Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins ` a`z http://www.sbcity.org John Valdivia Fred Shorett �GN°ED Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N DRAFT MINUTES N a JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL y OF THE CITY OF SAN BERNARDINO c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N N AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY JULY 10,2012 COUNCIL CHAMBERS N O N The joint special meeting of the Mayor and Common Council of the City of San Bernardino was o called to order by Mayor Patrick J. Morris at 4:12 p.m., Tuesday, July 10, 2012, in the Council o Chambers, 300 North "D" Street, San Bernardino, California. c d Roll Call r Attendee Name Title Status Arrived @ Virginia Marquez Council Member, Ward 1 Present 4:12 PM a Robert D. Jenkins Council Member, Ward 2 Present 4:00 PM John Valdivia i Council Member, Ward 3 Present 5:58 PM Fred Shorett Council Member, Ward 4 Present 4:02 PM Chas A. Kelley Council Member, Ward 5 Present 6:00 PM Rikke Van Johnson Council Member, Ward 6 Present 5:56 PM Wendy J. McCammack Council Member, Ward 7 Present 5:55 PM Patrick J. Morris Mayor Present 5:23 PM James F. Penman City Attorney Present i► Georgeann "Gigi" Hann City Clerk Present 2:59 PM� Andrea Travis-Miller City Manager Present Mayor and Common Council of the City of San Bernardino Page] _. ' Packet Pg.43 S.B.c Special Meeting Minutes July 10, 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). 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. N D. Closed Session-personnel-pursuant to Government Code Section 54957. b N T 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. — U G G. Conference with real property negotiator - pursuant to Government Code Section 0 54956.8. CO N City Attorney Penman stated that a motion was made and approved to continue yesterday's closed session to 4 p.m. today. Invocation/Pledge of Allegiance m The invocation was given by Chaplain Ray Miller. The pledge of allegiance was led by Mayor o Morris. ° U d a 2. Staff Reports N 0 N 2A. City Manager ° Discuss and Take Possible Action on the 2012/2013 City Budget. c Mayor Morris asked staff how long it would take to come up with a proposed interim budget. s U A Andrea Travis-Miller, Acting City Manager, stated that her goal is to have that on the a next agenda,but she may need additional time. Council Member McCammack stated that a meeting had been scheduled for tomorrow. Mayor Morris stated that tomorrow's meeting could be cancelled. He suggested continuing the matter to the next regular meeting. Consensus Motion: Continue the matter to the Council meeting of July 16,2012. Mayor and Common Council ofthe City of San Bernardino Page 2 5.B.c Special Meeting Minutes July 10, 2012 2B. City Manager Discuss and Take Possible Action on Authorizing the City Attorney to File a Chapter 9 Petition on Behalf of the City of San Bernardino in the United States Bankruptcy Court. Mayor Morns stated that posted on the City's website is a comprehensive budgetary analysis of the City's budget and recommendations for budget stabilization prepared by the City Manager and the Director of Finance. He encouraged anyone interested in the City's future to review that document that consists of about 45 pages of analysis with charts and attachments. Andrea Travis-Miller introduced Tom Clark, attorney with Stradling, Yocca, Carlson and _ Roth who specializes in municipal issues; Michael Busch, financial expert and President N 0 of Urban Futures; and Jason Simpson,Director of Finance. N _T 7 Mrs. Travis-Miller stated that this is the time that they would normally present the City's m annual operating budget. She stated that the Council took action to continue that budget discussion recognizing that there are a variety of financial issues that need to be addressed. For several years the Mayor and Common Council and City staff have been aware of concerns related to the City's financial situation. In fact, an analysis of the last r 20 years of the City's budget messages indicates that there has been an ongoing concern 0 with the City's finances. At the same time, they have seen an overall increase in the demand for services and this Council has attempted to address that. Unfortunately, the N demand for programs and services and some of the additional programs and services that have been provided and the costs related to those have really outpaced the ability to meet those demands in terms of revenues. The City has experienced an economic decline of s major proportions. In one year, this community lost $16 million in sales tax revenue and m has had major reductions in revenues, and because of the demand for programs and ° services, the demand and the costs have not outpaced the economic realities. m CL To avoid significant service and personnel reductions the Council has held numerous N positions vacant in all City departments, has looked at reducing costs, has deferred N maintenance of facilities and community parks, has used reserved funds, and has d attempted to sell assets. At this point the City does not have reserves to draw upon as many communities do to assist them in weathering the economic crisis. ° c d Michael Busch summarized the City's financial position over the last 20 years. r v m Jason Simpson submitted into the record and discussed highlights of a document titled, Q "City of San Bernardino, California, General Fund (by Fiscal Year) Revenue Details," dated July 10, 2012. Mrs. Travis-Miller stated that there are three issues. The City has an immediate cash flow issue and a deficit as it enters into the new fiscal year that needs to be cured in order to make payroll and other obligations. We receive our revenues at various phases within the year. Typically we do see during the first half of the fiscal year fewer revenues coming in, but most agencies plan for that and they have sufficient reserves to be able to move through those dry periods. We really don't have that here and so we are concerned with our immediate cash flow problem. The departments have proposed a status quo budget of about $166 million. The expiration of concessions, an issue that has not been Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 45 5.B.c Special Meeting Minutes July 10, 2012 fully materialized, was included in the budget assumptions. Beyond that, we need to develop a longer term plan to make sure that into the future this Council is able to provide the kinds of sustainable programs and services that you want for your community. So there are really three issues there. Given the magnitude of the problem, a major restructuring of this organization is needed and staff recommends that this Council consider authorizing the City Attorney to file a restructuring petition that would allow us to do that, and then we will come back in two weeks with a plan on how to cut expenditures to make sure that in this interim time period we are able to meet our obligations. We recognize we have obligations to our employees, to others in this community, and we have to put ourselves in an immediate financial position to be able to do that. Mayor Morris asked for an estimate in terms of our ability to make payroll over the next o 30 to 90 days. ;, Mrs. Travis-Miller stated that she was concerned about our ability to make payroll not only in the next 30 days but even the next 60 to 90 days. We have obligations that are currently pending and we're looking at how we can defer those in order to be able to make payroll, but we will need to make other adjustments as we move into the next month and even beyond that. So we are currently preparing a plan that would allow us to do that on an interim basis until we can develop a major restructuring of our organization. 0 City Attorney Penman stated that we have vendors who have performed services for the N City who have not been paid and some of them have filed stop notices on the City which is the equivalent of a mechanics lien notice,which would be filed on a non-governmental rn entity. M Mr. Penman advised that the bankruptcy law is a reorganization law, it's very different ° from what happens in a corporate bankruptcy or a business or an individual. The City does not lose control of its financial situation as a corporation might or an individual or o business might. The City's creditors cannot present a financial plan for the City that we N end up having to follow under a court order. The court will not impose a trustee to take N over the City's functions. The City's assets cannot be seized by our creditors and we will o have time to reorganize our financial structure and our debts. There will be a stay on all , of the lawsuits filed against the City. c m Under federal bankruptcy law the bankruptcy court cannot interfere with any laws that t have been enacted by the voters so our City Charter remains basically untouched. c Propositions that are voted on statewide such as Proposition 218 which prohibits us from taking money from the Water, Sewer or Refuse Fund and using that in the General Fund will be honored by the bankruptcy court, so we do not have that option. The City is not bankrupt in the sense that most people know bankruptcy. We have a lot of assets. We have a lot of property and the property has been transferred back and forth and some of it is in the Economic Development Corporation's hands, and AB1484, says that corporations of that nature be treated the same as a city. There are some legal issues with that, but basically, we have assets and our creditors cannot get to those assets. The filing of a bankruptcy petition will allow the City to reorganize its finances,will allow the City to establish a plan to be presented to the bankruptcy court and if approved, that plan will lay out to the bankruptcy court and to the public, what the City is going to have to do Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 46 s.B.c Special Meeting Minutes July 10, 2012 and that will include putting money aside for reserve and paying back restricted funds that were borrowed from for a number of years to supplement the City's general fund and keep the City going. The bottom line is that we cannot default on our payments to our employees without violating the law. Mayor Morris stated that under Chapter 9 of the bankruptcy law this body remains intact in terms of making public policy relative to this City and its future. That is both a blessing and a curse because this body therefore has the responsibility to come forward with a plan that will cure the problems that have been identified today through Mr. Busch's and Mr. Simpson's explanation of our issues and offer the opportunity for those who will follow us at this dais and live in the City a solid base upon which to build a new budget fixture. So this Council retains a critical role here. The bankruptcy court will not N impose a plan upon us. We must present a plan to the court, but it's got to be a plan that c provides a sustainable strong base to our future. Public Comments: ^ d Kathy Mallon, San Bernardino, CA John Matley, San Bernardino,CA Milton Clark, San Bernardino, CA Danny Morales,Riverside, CA c William A.Valle, San Bernardino, CA 0 Ed Erjavek, City employee, CO Anthony Cartagena, San Bernardino, CA N Dee Stoddard, San Bernardino, CA Bonnie Clarke, San Bernardino, CA Jennica Billins, San Bernardino, CA w Hans Vandertouw, San Bernardino, CA o Fannie Lang-Sanders,Highland,CA Arthur William Roberson, San Bernardino, CA m Larry Lee, San Bernardino, CA N Hayward Jackson, San Bernardino, CA a Rebecca Abma, San Bernardino,CA N Jim Smith, San Bernardino, CA ° 0 Council Member Shorett stated that our two choices are to make drastic cuts or file for C reorganization under Chapter 9. z Mrs. Travis-Miller stated that given the magnitude of the problem and the fact that our w cash reserves are depleted we have no choice but to move very swiftly and restructuring a is the alternative that will get us to where we need to be. Council Member Shorett stated that if we were to go into Chapter 9 that would give us the ability to review and modify any contracts that we have currently or that are coming up for renewal. Mrs. Travis-Miller stated that it would provide us with the opportunity to evaluate all of our municipal services and all of our contracts and develop a restructuring plan to the court that balances our budget and places us on a path so that we are sustainable and that we are able to be resilient to the economic impacts that will undoubtedly face this and every other community. Mayor and Common Council of the City of San Bernardino Page 5 PacketPg. 47 S.B.c Special Meeting Minutes July 10, 2012 Council Member Shorett asked if that plan could include going out to the public to review and perhaps change the Charter. Mrs. Travis-Miller stated that those types of changes are longer term. We really need those immediate cuts; we need a longer-term solution and then a much longer term solution such as Charter change. Council Member Shorett stated that they could defer things and make some immediate cuts that would get us through the next 60 days perhaps,but even that's shaky. Mrs. Travis-Miller stated that she would need to bring to this Council some cuts for consideration that will help us with our cash flow in the more immediate term. I think r we've resolved some of those issues for this month, but as we enter the next couple of N months I will be bringing additional cuts to you as we have cash flow issues. N Council Member Shorett stated that he was very concerned that we get a handle on salaries and pensions and benefits that we've been pretty generous with over the years 5 based on money that we had available due to booms in sales tax, property taxes, and real U estate. 0 0 Mrs. Travis-Miller stated that we recognize it's our responsibility to provide all the various policy alternatives so the Council has good options on which to make decisions. CO With respect to areas of the budget that are problematic, we have several things that we will need to review; certainly salaries and pensions are among them, but some of it is the rn way we lease equipment that needs to be reviewed, some of our other contracts for ! services, and we would propose that during this time period we look at all of those things and bring good recommendations back to you so that we have a plan going forward that ° makes us more sustainable. -° U N CL City Clerk Hanna stated that if the Council wanted to put anything before the voters on N the November ballot,the last meeting that they could approve that would be August 5. o N O Council Member Marquez asked staff to walk the Council through the timeline and what needs to take place as far as filings and deadlines. Mrs. Travis-Miller stated that we really wouldn't be in a position to file for about 30 E days. There's a tremendous amount of work that both offices and outside counsel would be responsible for doing, and then it's about a 12 to 18-month process after that. a Mr. Penman stated that there will be some other things that have to be done. Government Code Section AB506 will require a noticed public hearing—there's no specific time given for the notice but it will probably be the 72-hour posting that the Brown Act requires—that will probably a ccomplished this coming Thursday for the next regular Council meeting on Monda y 16, 2012. There will be a resolution that will be prepared for the Council's consideration at that time that will have to be adopted. We will have to come up with a list of all of the City's creditors and all the people to whom we owe money for presentation to the bankruptcy court. We'll have to come up with a budget to carry us through during the period that the City is in bankruptcy. Mayor and Common Council of the City of San Bernardino Page 6 5.B.c Special Meeting Minutes July 10, 2012 Council Member Shorett clarified that it may be a 10- or a 15-year plan and once that's put in place we are obligated and virtually forced to follow that plan to a tee, which includes future Councils. Mr. Penman stated that he did not know the answer to that question, but he stated that he assumed that in order for the bankruptcy court to approve it that the intention would be that we stick to it. Mayor Moms stated that he thought that because this body would remain in charge of the destiny of the City as a policy body, it would be up to those who follow this Council to stay committed to that discipline. However, once the court discharges us from its N jurisdiction, he was not sure that we have anything except a belief that those who follow N us will follow whatever plan is laid out by this Council. Council Member McCammack read the following from a document regarding Chapter 9 d reorganization and restructuring: "Much depends on what the court believes the debtor can afford to pay and according to that standard, the municipality does not have to discontinue its services." The municipality is supposed to be permitted to continue to operate as a viable entity and provide basic services. It may have to scale down but it o only has to pay its creditors what a court finds to be reasonable and that may sometimes be a fairly low hurdle to meet. N N "A municipality also needs to make sure that it has sufficient cash to pay ongoing t operating expenses to maintain essential public services. It talks about the preparation � and the projections and fixing the insolvency," which I think is what the City Manager has described. Since we are restricted in using some special funds associated with certain o revenues,which is a taxpayer protection, and we need to keep those restrictions intact. @ d Lastly, the document states: "A further advantage of Chapter 9 is that a municipality can w operate relatively freely in a Chapter 9 process as opposed to Chapter 11 and it continues its day-to-day operations without interference by the bankruptcy court or other parties. The Chapter 9 debtor stays in control and the court may not intrude into the municipal business or politics of the debtor. The debtor can also obtain financing without court c approval" d Mr. Penman stated that he had conferred with Paul Glassman, the bankruptcy attorney, r who informed him that the plans approved by the bankruptcy court are usually 2-, 3- and perhaps 5-year plans and that it is unusual to have one as long as 10 years. The a bankruptcy court does retain jurisdiction even after the bankruptcy is ended, and as part of that jurisdiction the bankruptcy court would require that we comply with whatever plan that we adopt and they approve. Council Member Jenkins clarified that if we do not go down the Chapter 9 road, it would be impossible to pay our employees within 60 days. Mrs. Travis-Miller answered in the affirmative. She stated that eventually this organization would run out of money. Certainly there are some actions that we've taken to try to reduce costs, but we cannot take the actions fast enough in order to continue to make payroll and meet our other obligations. Mayor and Common Council of the City of San Bernardino Page l Packet Pg. 49 S.B.c Special Meeting Minutes July 10, 2012 Council Member Johnson stated that the goal of Chapter 9 is for the debtor to emerge with a successful plan of adjustment to restructure its debt. And when we come up with the plan it's imperative that we have the political will to stick with that plan. It's important that we lay the foundations for future elected officials that follow us; and while we're doing, that it's important that we remain transparent because he believes that our public has really lost trust in the ones that are sitting up here at this table. It's important that we will be in this for the long haul and that we will not make decisions based on politics,but for the betterment of our City. Council Member Kelley stated that we could have implemented revenue options that would have helped this budget to the tune of$1.2 million with our cell phone towers, the N parking meters downtown in our courthouse square to generate revenue from out-of-town c visitors, the public/private partnerships that were alluded to earlier would have an immediate savings for this City and create revenue. It would save us on maintenance costs, it would save us on PERS costs, fuel costs, worker's compensation, etc., and then probably more likely bring in annual franchise fees. We've had an option to consider LEDs that could save us millions of dollars. He strongly suggested that this Council 2 adopt some or all of these options because they've got to start generating revenues for the c City. c U He stated that his long standing assumption, and those held by residents of the Fifth Ward, has been proven correct; Development Impact Fees have not been correctly N allocated. He stated that that's why he has an agenda item set for the LRC meeting on Thursday that will call for some accountability with our municipal ordinance so we can m hold people responsible for gross mismanagement of the publics' funds. R 0 Mayor Morris stated that in the conclusions to the analysis posted on the City's website, the financial situation in 2012 is a systemic problem held over for years going back to the m 1990s. Revenues are simply not sufficient to cover the costs of the services being C provided. City management and City residents have both made public safety the top N priority for the City having approved a ballot measure, Measure Z, to allocate additional N resources to the Police Department. Other services have been cut to support the emphasis on public safety. o Clearly, reductions to the expenditure side of the budget are not going to produce the level of savings that would be required to balance the budget. The City has been working diligently to manage its operations through an unprecedented decrease in revenues while experiencing cost increases. As a comparison might note, the City entered this challenge a with a distinct disadvantage in that it has the lower level of discretionary revenue and the resultant lower levels of operational expenditures than other cities of similar size. Nevertheless, the City has taken steps to reduce costs over the last several years and has been forced to do so by declining revenues. However, the expenditures have outpaced revenues. In this effort, employee associations have been forthcoming with some compensation changes, yet costs continue to be much more than can be afforded by the City. The revenues forecast shows that significantly lower costs will be required for the Q foreseeable future. While the service delivery changes suggested in this report are likely to be resisted because of the changes involved in personnel, the suggestions are not radical and are being used successfully in other similar jurisdictions. Additionally, because other local government agencies are also looking for ways to reduce costs in Mayor and Common Council of[he City of San Bernardino Page 8 Packet Pg. 50 5.B.c Special Meeting Minutes July 10, 2012 response to financial challenges, there is greater opportunity to discuss and implement regionalization or shared services than before. Finally, when it comes to revenues, the analysis indicates the City receives a lower level of revenue than other similar cities, so revenue augmentation should also be on the table; however, options to increase revenues in sufficient significance to provide ongoing budget stabilization are limited and cannot be implemented without voter approval; it will take time for both, even if approved. Motion: Authorize the City Attorney to File a Chapter 9 Petition on Behalf of the City of San Bernardino in the United States Bankruptcy Court. RESULT: ADOPTED [4 TO 21 N MOVER: Rikke Van Johnson, Council Member,Ward 6 , SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Robert D. Jenkins,Rikke Van Johnson,Wendy J. d McCammack 'c NAYS: Fred Shorett, Chas A. Kelley ABSTAIN: John Valdivia c 0 0 U 3. Public Comments on Items Not on the Agenda N No public comments were received. 4. Adjournment w The meeting adjourned at 8:28 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.,Monday, July 16, 2012. 2 d a to N O N GEORGEANN"GIGP'HANNA City Clerk o d By s Linda Sutherland Deputy City Clerk a Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 51 � JULY 16 , 2012 � MINUTES � JT . REGULAR City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett D Chas A. Kelley Rikke Van Johnson Wendy J. McCammack DRAFT MINUTES N 0 N JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL >, OF THE CITY OF SAN BERNARDINO v MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING 'c AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY 00 AND N MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING t AS THE HOUSING AUTHORITY m MONDAY,JULY 16,2012 COUNCIL CHAMBERS N 0 N r The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was c called to order by Mayor Patrick J. Morris at 1:32 p.m., Monday,July 16, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. U Call to Order a Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present John Valdivia 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. IvlcCammack Council Member, Ward 7 Present Patrick J. Morris Mayor Present James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present Andrea Travis-Miller City Manager Present Mayor and Common Council of the City of San Bernardino Page l ,. Packet Pg. 52.�r 5.B.d Joint Regular Meeting Minutes July 16, 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): Ford Wholesale v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1109321; Universal Trailers v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102368. B. Conference with legal counsel - anticipated litigation - significant exposure to N litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code N Section 54956.9. T 3 C. Conference with legal counsel - anticipated litigation - initiation of litigation - m pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. C 7 E. Closed session with Chief of Police on matters posing a threat to the security of 0 public buildings or threat to the public's right of access to public services or public facilities-pursuant to Government Code Section 54957. N 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. N 0 N City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. 1 B, significant exposure to litigation: c C Agenda Item No. 9A. E E U Reading of Resolutions and Ordinances a Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Mayor Moms requested a moment of silence in memory of Richard Gerwig. Invocation/Pledge of Allegiance The invocation was given by Chaplain Ray Miller from the San Bernardino Police Department. The Pledge of Allegiance was led by Alicia Rios, a fifth grade student at Kendall Elementary School. Mayor and Common Coanci/of the City of San Bernardino Page l Packet Pg. 53 S.B.d Joint Regular Meeting Minutes July 16, 2012 2. Appointments There were no commission appointments. 3. Presentations 3A. Resolution - Evelyn Alexander, President - Native Sons of the Golden West 125th Anniversary,Arrowhead Parlor#110 -Council Member Shorett 3B. San Bernardino Hometown Heroes Military Banner Program Presentation - Council Members Marquez and Johnson The National Anthem was sung by Erica Sumner of the Rock Church. 3C. Presentation by Southern California Edison (SCE) - Status of Street Lighting in the c City of San Bernardino-Interim Public Works Director Smith N T A PowerPoint presentation titled, "2012 Streetlight Presentation," Presented to City of San Bernardino, Southern California Edison (SCE), Local Public Affairs, Beverly Powell and Shawn Wager,was submitted into the record. 3D. Chamber of Commerce Announcements—Jim Gerstenslager 0 0 U 4. Announcements - Mayor,Common Council and elected officials 5. Consent Calendar N 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the joint regular agenda dated July 16, 2012. N RESULT: ADOPTED [UNANIMOUS] o MOVER: Wendy J. McCammack, Council Member, Ward 7 v SECONDER: Rikke Van Johnson, Council Member,Ward 6 E AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: John Valdivia a 5B. Civil Service Personnel Actions - Classified Motion: Approve 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,with the deletion of the Recreation Aide position. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 54 S.B.d Joint Regular Meeting Minutes July 16, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez,Jenkins, Shorett,Kelley, Johnson,McCammack ABSENT: John Valdivia 6. Public Hearings to be Heard at 4:00 p.m. 6A. City Clerk RES. 2012-196 — Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City o of San Bernardino for Uncollected Business Registration Fees. (Continued from July 2, N 2012) ' The hearing was opened on July 2, 2012. v 3 C No public comments were received. Motion: Close the hearing; direct the City Clerk to administratively remove any r properties from Exhibit "A" which have been paid prior to the hearing; L) and adopt Resolution. N �- RESULT: ADOPTED [UNANIMOUS] N t MOVER: Wendy J. McCammack, Council Member,Ward 7 ° SECONDER: Fred Shorett, Council Member,Ward 4 d AYES: Marquez,Jenkins, Valdivia, Shorett, Kelley,Johnson, McCammack N O 6B. City Manaser N Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Filing of a Petition Under Chapter 9 of the United States Bankruptcy ~ 0 Code. d E Mayor Morris opened the hearing. Public Comments: a Lena Platt,representing the La Rouche Political Action Committee; Kathy Mallon, San Bernardino, CA; Debbi Matley, San Bernardino, CA; Terry Elliott, San Bernardino, CA. Motion: Continue the matter to the Council meeting of July 18, 2012, at 5 p.m. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg. 55 S.B.d`. Joint Regular Meeting Minutes July 16, 2012 RESULT: CONTINUED [UNANIMOUS] Next: 7/18/2012 5:00 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson, McCammack 6C. City Manaeer Resolution of the Mayor and Common Council of the City of San Bernardino Declaring a Fiscal Emergency in the City of San Bernardino. Mayor Morris opened the hearing. N r Andrea Travis-Miller, Acting City Manager, explained what a fiscal emergency is, what N that means for the City, and how it will affect day-to-day operations. —'' 3 Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the a following individuals that they would provide true and honest testimony. Public Comments: Kathy Mallon, San Bernardino,CA; o Steve Tracy, speaking on behalf of the San Bernardino Firefighters; Corie Lopez, San Bernardino,CA; Co Kenneth Kilpatrick, San Bernardino,CA; Sharon Blechinger,owner of the Mexico Cafe, San Bernardino, CA; t Larry Quiel, San Bernardino,CA; George Swift, representing the City's General Unit Employees; v Kenneth Cash, San Bernardino, CA; Estelle Montenegro, San Bernardino, CA; N Stephen Johns, City employee, San Bernardino, CA; N Cheryl Brown, San Bernardino, CA; Owen Mobley, San Bernardino, CA; o Charles Greenwood, City employee, San Bernardino, CA; Don Gallegos, Riverside, CA; m E Roxanne Williams, San Bernardino, CA; U Terry Elliott; San Bernardino,CA; ° Kim Carter, San Bernardino,CA; a Alfred Palazzo, San Bernardino, CA; James Smith, San Bernardino, CA; Dr. Craig Ponder, Sr.,Lake Arrowhead, CA. Council Member McCammack distributed to the Mayor and Council and submitted into the record a document titled, "City of San Bernardino Cross Fund Report, Summary Listing,Report By Fund -Account, from date: 7/1/2011 -To Date: 6/30/12. C Discussion ensued regarding the borrowing/repayment of restricted funds and deficit spending. Motion: Continue the matter to the Council meeting of July 18, 2012, at 5 p.m. Mayor and Common Council of the City of San Bernardino Page 5 Packet Pg. 56 5.B.d Joint Regular Meeting Minutes July 16, 2012 RESULT: CONTINUED [UNANIMOUS Next: 7/18/2012 5:00 PM MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack Motion: To direct the Acting City Manager to start the process of formal negotiations with all employee groups by Friday, July 20, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N T N 6D. Community Development A Public Hearing for Ward Redistricting Within the City of San Bernardino (At Meeting of May 7, 2012, Item Continued to May 21, 2012; Item Continued to June 18, 2012; Item Continued to July 2, 2012; Item Continued to July 16,2012.) c 0 The hearing was opened on May 7,2012. v m Motion: Close the hearing; approve the ward boundaries reflected in Proposal E, as presented; and direct staff to prepare an ordinance implementing the N approved ward boundaries to be presented at the July 16, 2012 meeting of rni the Mayor and Common Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley,Council Member, Ward 5 SECONDER: Wendy J. McCammack,Council Member, Ward 7 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack o c m E s Q Mayor and Common Council of the City of San Bernardino Page 6 5.B.d Joint Regular Meeting Minutes July 16, 2012 6E. Community Development ORD. MC-1375 — An Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Section 19.02.060(1), Establishment of Zoning Districts,to Add the Transit Overlay District(TD) and Adding Chapter 19.19A to Establish the Transit Overlay District Development Standards and Design Guidelines. (FINAL READING) (Laid over from July 2, 2012) Council Member McCammack stated that she would be abstaining on this item as Omnitrans is a client of her business. She left the Council Chambers and returned after the vote was taken. Motion: Adopt Ordinance. N RESULT: ADOPTED [4 TO 21 N MOVER: Virginia Marquez, Council Member,Ward 1 >1 SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Virginia Marquez,Fred Shorett, Chas A. Kelley, Rikke Van Johnson 3 NAYS: Robert D. Jenkins,John Valdivia ABSTAIN: Wendy J. McCammack — U r 7 O U 7. Continued Items N N N 7A. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino mi Authorizing the Execution of an Agreement and Purchase Order with the Safeway Sign Company for the Purchase of Traffic Signs for Repair, Removal, and Replacement of Damaged, Faded and Vandalized Signs, and New Installation of Signs Located Throughout the City of San Bernardino. (Continued from July 2,2012) o N U) Council Member Valdivia made a motion, seconded by Council Member Jenkins, to amend the Purchase Order from$100,000 to$92,826. No vote was taken. 0 c Motion: Reject all bids and seek bids from local sign companies to include interior E illuminated lights. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack C Mayor and Common Coanci!ofthe City of San Bernardino Page 7 Packet Pg. 58 Joint Regular Meeting Minutes July 16, 2012 8. Staff Reports 8A. City Clerk Council Minutes Motion: Continue the matter to the Council meeting of August 6, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/6/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins,Valdivia, Shorett,Kelley, Johnson,McCammack N 8B. City Clerk N Council Minutes T 3 Motion: Approve the minutes of the Mayor and Common Council/Community '0 Development Commission meetings of November 21, 2011,December 19, 0 2011, January 9, 2012, February 6, 2012 and February 21, 2012, as S submitted. r C RESULT: ADOPTED [6 0 TO 1] MOVER. Rikke Van Johnson, Council Member,Ward 6 co SECONDER: Virginia Marquez, Council Member,Ward 1 N AYES: Marquez,Jenkins, Shorett, Kelley,Johnson, McCammack t NAYS: John Valdivia m m 8C. City Manager Authorization to Prepare a Substantial Amendment to the City's 2012-2013 HUD Action 0 Plan to Adjust Allocations to Various Public Service Projects N Council Member McCammack stated that she would be abstaining from the following o line items in the document either because they are clients of her business or, in the case of the Assistance League, because she was just installed as president: Item No. 2 under £ CDBG Recipients and any line items relating to Neighborhood Housing Services and Catholic Charities. a Council Member Valdivia advised that on Packet Page 702 of the backup, the adjusted allocation regarding Item No. 2, Global One Development Center, should be changed from"none"to'$0". Public Comments: Jackie Behling,Executive Director of Global One Development Center; spoke in support of the organization; Ernest Jimenez, spoke in support of Global One Development Center; Brandi Moore, spoke in support of Global One Development Center; Tiffany Jennings, San Bernardino, CA, spoke in support of Youth Hope Inc.; Joseph Williams, San Bernardino, CA, spoke in support of Youth Action Project. Mayor and Common Council of the City oJSan Bernardino Page 8 5.B.d Joint Regular Meeting Minutes July 16, 2012 Motion: Approve proposed adjustments to the various public service activities recommended by the Community Development Block Grant (CDBG) Ad Hoc Committee; with the deletion of the Global One Development Center; and authorize the preparation of a Substantial Amendment to the City's 2012-2013 HUD Action Plan. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack 8D. City Manager N RES. 2012-197 — Resolution of the Mayor and Common Council of the City of San N Bernardino, California, Authorizing the City of San Bernardino to Establish 2012-2013 Expenditures for the Month of August, 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 August 2012 Only, Pending Final Approval of the 2012-2013 Budget. c Motion: Adopt Resolution. o U RESULT: ADOPTED [6 TO 11 N MOVER: Wendy J. McCammack, Council Member,Ward 7 N SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Jenkins, Shorett,Kelley,Johnson,McCammack C NAYS: John Valdivia N r 8E. Fire ° N RES. 2012-198 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Services o Agreement Between the City of San Bernardino and Fire Recovery USA and Issuance of a Purchase Order to Fire Recovery USA to Provide Billing Services for the Hazardous E Material Spill Incident Program from August 1, 2012,through January 31, 2013. Motion: Adopt Resolution. a RESULT: ADOPTED [5 TO 21 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez, Jenkins, Shorett,Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley C Mayor and Common Council oftke City of San Bernardino Page 9 PacketPg. 60 5.B.d Joint Regular Meeting Minutes July 16, 2012 IL8F. Parks,Recreation& Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Deed Restrictions for Tom Minor Park and the Ruben Campos Community Center Located in a Portion of Nunez Park, Relative to Grant Contracts with the State of California Department Parks and Recreation for the Installation of Certain Improvements Thereon. (At Meeting of July 16, 2012, Item Continued to August 6,2012.) Staff requested a two-week continuance. Motion: Continue the matter to the Council meeting of August 6, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/6/20121:30 PM MOVER: Wendy J. McCammack,Council Member,Ward 7 N SECONDER: Rikke Van Johnson, Council Member,Ward 6 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack c 8G. Parks,Recreation & Community Services RES. 2012-199 — Resolution of the Mayor and Common Council of the City of San c Bernardino Ratifying Submittal of a Continuation Grant Application to the Corporation o for National and Community Service, and Accepting the Grant Amount of$299,779 to Continue the Administration and Operation of the Senior Companion Program for the N Period of July 1,2012 through June 30,2013 for the Senior Companion Program. t Motion: Adopt Resolution. d RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member,Ward 3 N SECONDER: Wendy J. McCammack, Council Member,Ward 7 N AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack 8H. Public Works d RES. 2012-200 — Resolution of the City of San Bernardino approving Construction s Cooperative Agreement No. C12241 with San Bernardino County Transportation Authority to Provide Construction Services for a Grade Separation at Palm Avenue over the Burlington Northern Santa Fe Railroad(CIP Project No. SSO4-53). Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member,Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 10 Packet Pg. 61 S.B.d Joint Regular Meeting Minutes July 16, 2012 8I. Public Works RES. 2012-201 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement for Sharing Cost of Caltrans Highway Electrical Facilities. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson, McCammack 8J. Public Works N RES. 2012-202 — Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order in the Amount of $91,600 to Vulcan Materials Company of San Bernardino for the Purchase of Asphalt Materials. Motion: Adopt Resolution. U RESULT: ADOPTED [UNANIMOUS] 0 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 N AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley, Johnson, McCammack N s rn i 8K. Public Works °' RES. 2012-203 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying Submittal of the FY 2012-13 Oil Payment Program Application and N Accepting Funds from the Department of Resources Recycling and Recovery N (CalRecycle). Motion: Adopt Resolution. ° RESULT. ADOPTED [6 TO 11 L MOVER: Wendy J. McCammack,Council Member,Ward 7 r SECONDER: Robert D. Jenkins,Council Member, Ward 2 a AYES: Marquez,Jenkins, Shorett,Kelley,Johnson,McCammack NAYS: John Valdivia 8L. Public Works RES. 2012-204 — Resolution of the Mayor and Common Council of the City of San Bernardino Terminating the Lease between the City of San Bernardino and Easter Seals Southern California, Inc., for City-Owned Property located at 241 E. 9th Street, San Bernardino, CA. Motion: Adopt Resolution; and authorize the Director of Public Works to proceed with the sale of City property located at 241 E. 9t' Street, and also known as Assessor's Parcel Numbers 0140-241-45 & 54. Mayor and Common Council of the City of San Bernardino Page II - Packet P` S.B.d Joint Regular Meeting Minutes July 16, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member,Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley, Johnson, McCammack 9. Mayor and Common Council Acting as the Successor Agency to the Housing Authority 9A. Economic Development Agency Reconveyance of Expired Affordability Covenant N Motion: Continue the matter to the Council meeting of August 6, 2012. RESULT: CONTINUED [UNANIMOUS] Next: 8/6/20121:30 PM N MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez,Jenkins,Valdivia, Shorett,Kelley,Johnson,McCammack c 0 10. Public Comments on Items Not on the Agenda N Betty Jean Long, San Bernardino, CA, spoke about the bankruptcy. t Don Gallegos, Riverside, CA, spoke about the Riverside City Council that meets every 01 Tuesday at 3 p.m. and 6:30 p.m.; stated that he was impressed with the relationships the 0 Council Members have with their constituents. N O 11. Adjournment N At 8:55 p.m., the meeting adjourned to Wednesday, July 18, 2012, at 5 p.m., in the Council Chambers of City Hall, to discuss Agenda Item Nos. 6B and 6C. 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 L 1:30 p.m.,Monday,August 6,2012. a GEORGEANN"GIGP'HANNA City Clerk By Linda Sutherland Deputy City Clerk C Mayor and Common Council of the City of San Bernardino Page 12 PacketPg. 63 � JULY 18 , 2012 � � MINUTES - JTm ADJ . � � REGULAR � City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett D Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N O DRAFT MINUTES N _T 7 JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO _c MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 0 U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND r MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY d JULY 18,2012 a COUNCIL CHAMBERS N The joint adjourned regular meeting of the Mayor and Common Council of the City of San N Bernardino was called to order by Mayor Patrick J. Morns at 5:11 p.m., Wednesday, July 18, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. 0 c Roll Call E s Attendee Name � Title Status Arrived @ Virginia Marquez Council Member, Ward 1 Present 5:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 5:00 p.m. John Valdivia Council Member, Ward 3 Present 5:00 p.m. Fred Shorett Council Member, Ward 4 Present 5:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 5:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 5:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present j 5:00 p.m. Patrick J. Morris Mayor Present 5:00 P.M. James F. Penman City Attorney Present 5:00 p.m. Georgeann "Gigi" Hanna _City Clerk Present 5:00 p.m. Andrea Travis-Miller City Manager Present 5:00 p.m. Mayor and Common Council of the City ojSan Bernardino Page I Joint Adjourned Regular Meeting Minutes July 18, 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): 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. N D. Closed Session-personnel-pursuant to Government Code Section 54957. N T E. Closed session with Chief of Police on matters posing a threat to the security of y 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 3 54957.6. 0 G. Conference with real property negotiator - pursuant to Government Code Section N 54956.8. L Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Pledge of Allegiance a The pledge of allegiance was led by Mayor Patrick J. Morris. N O 2. Public Hearings N 2A. City Manager ° RES. 2012-205 — Resolution of the Mayor and Common Council of the City of San Bernardino Declaring a Fiscal Emergency in the City of San Bernardino. (Continued r from July 16, 2012) U a The hearing was opened on July 16,2012. Public Comments: John Magness, director of Hillwood Development Company, San Bernardino, CA, stated that the market will be cautious and will be watching to make sure that all avenues are addressed to restore financial credibility to the City. He stated that no responsible developer including Hillwood would risk its relationships by trying to get its users to F..•. locate in a city with such dire financial challenges unless the next important step is taken. He stated that as a leader in the business community he believes the Chapter 9 proceedings will create an efficient and motivating forum for serious, collaborative hard work to achieve the best results for its citizens. Mayor and Common Council ofthe City of San Bernardino Page 2 PacketPg. 65 S.B.e Joint Adjourned Regular Meeting Minutes July 18, 2012 _ Mike Potter, San Bernardino, spoke against public employee unions and premium health care and retirement benefits; read an excerpt from an article regarding public safety spending; and urged the Council to declare the fiscal emergency and proceed with Chapter 9 bankruptcy if it will help the City's current financial situation. Scott Beard, co-developer of the proposed Home Depot project in Arden Guthrie, encouraged the City to declare the fiscal emergency and file Chapter 9 to correct the wrongs of the past, move the City in a positive direction, and cure internal ills that have inflicted this City for many years. The City has been in a downward spiral for many years and this will provide an opportunity to turn the corner and create a phoenix in this community. N 0 Stephen N. Johns, City employee and resident of San Bernardino, CA, questioned the >, $3.5 million shortfall in the Refuse Department; stated that there have been rumors about Fleet Services being authorized to charge higher labor rates for enterprise accounts such as sewer and integrated waste versus other general fund issues; and if the City does choose to file bankruptcy, he asked that local vendors get paid first because the loss of 2 revenue for them could create a worse downward spiral for the City. U r Larry Sharp, Redlands, CA, encouraged the Council to make the tough decisions. He v stated that the action that needs to be taken is not political, it is not something that comes out of blame, it is not taking sides, it is preserving the City. He urge the Council to N consider that Chapter 9 and the bankruptcy is protection from debtors and acting quickly would give the City an opportunity to get out of this much faster. He encouraged the Mayor and Council to come together and agree on a plan that would take the City out of `m bankruptcy and get it back to being an"All American City." Tom Brickley, San Bernardino, CA, urged the council to vote to continue with the a Chapter 9 proceedings and whatever it takes to get out of this mess. He stated that if any Council Members vote against this it means that they are not for San Bernardino,they are N for the public safety unions, and that's wrong. The concessions need to be made for o everybody and the public safety unions have to come to the table. Richard Iaria, Lyndon LaRouche Political Action Committee, Los Angeles, CA, stated ° that the policy of cutting the budget is a policy of murder; these cuts mean that people die. He stated that in 2007 Lyndon LaRouche predicted that the crisis in the banking s system at that time would lead to these types of cuts and one city after another is going bankrupt because of the collapse of the economy. He stated that anyone interested in a working with the government to implement the Glass-Steagall Act relative to investment banking should contact Representatives Joseph Baca or Jerry Lewis. Jane Hunt Ruble, Muscoy, CA, spoke of her sadness about the City's state of affairs; stated that the City's best assets are its people and the mountains so she questioned why nothing has been done with Arrowhead Springs; and stated that the City needs to be rebuilt with a better tax base that would draw more businesses and upscale people into the community. Mayor and Common Council of the City of San Bernardino Page 3 PacketPg. 66 i S.B.e Joint Adjourned Regular Meeting Minutes July 18, 2012 Rory Murray, spoke in support of keeping libraries open,providing lighting at parks and _ places for kids to play, and reducing the perks and pensions for public employees. He spoke in opposition to the new courthouse, the sbX Project, helicopters overhead 24/7, and the crackdown on pot dispensaries. He asked the Mayor to stop the childish bickering with Mr. Penman and stop hiring more consultants on the City's dime. Anna M. Hines, San Bernardino, CA, stated that she has seen the City of San Bernardino change and that it is about 30 years behind. She stated that she wanted to loan monies for the west side and central areas of the City. Warner Hodgdon, San Bernardino, CA, argued that he should not be limited to speak for only three minutes; questioned whether filing Chapter 9 is wise; stated that it is not N just Police and Fire that are out of line-everything needs to be brought into line; and N stated that Council meetings should be held on Saturday mornings so everybody would T be able to attend. d Jim Smith, San Bernardino, CA, stated that the City has to move forward with the declaration of fiscal emergency and the Chapter 9; stated that he was pleased to see some of the leading developers at the meeting because they are the people who will get the City back on track; and spoke about the need to change the form of government from a charter city to a general law city. U Margaret Hill, Highland, CA, stated that the Council will have to live with whatever N N decision they make. t rn John Matley, San Bernardino, CA, spoke about Councilman Shorett speaking to the media against two council members and the police and fire unions. d Sharon Blechinger, San Bernardino, CA, stated that she lives in a good neighborhood but is afraid to walk the streets in San Bernardino and is considering closing the doors to a her restaurant, which has been open for 60 years, if cuts are made in the Police Department; stated that she is tired of everyone berating Council members who receive o support from public safety employees; and noted that something has to be done to reduce N m crime and the number of homeless people in the City. 0 Roxanne Williams, San Bernardino, CA, member of Save Our San Bernardino, stated that the City is in a fiscal emergency and needs solutions right now. This City Council E and prior City Councils had their chance and now it is time to hear from the citizens. She R asked when the public would be able to give input regarding the bankruptcy. a Larry Quiel, San Bernardino, CA, stated that when he spoke a few days ago he encouraged the Council not to go in the direction of bankruptcy. He stated that he hated to see the City go in that direction and he hated to think that every opportunity has not been taken to prevent it. He stated that if the City chooses to go in the direction of filing bankruptcy, he hoped that expenses would be micromanaged and problems in the Charter figured out. He stated that when he first spoke, he was trying to protect the money that was owed to him for the services that his company has provided to the City. Mayor and Common Council of the City of San Bernardino Page 4 PacketPg. 67 I S.B.e Joint Adjourned Regular Meeting Minutes July 18, 2012 Andrea Travis-Miller, Acting City Manager, distributed to the Mayor and Common Council and submitted into the record a document titled, "City of San Bernardino, California, Staff Report, July 18, 2012, regarding Declaration of Fiscal Emergency." Motion: Close the hearing;waive full reading; and adopt the Resolution. RESULT: ADOPTED [5 TO 2] MOVER: Rikke Van Johnson,Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez,Jenkins, Shorett,Johnson, McCammack NAYS: John Valdivia, Chas A. Kelley N N 2B. City Manaeer r RES. 2012-206 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Filing of a Petition Under Chapter 9 of the United States v Bankruptcy Code. (Continued from July 16, 2012) c The hearing was opened on July 16,2012. 0 Public Comments: Warner Hodgdon, San Bernardino, CA, stated that the deficit is probably significantly more than the reported $45 million because of Economic Development Agency N properties and referred to a letter dated April 20, from John Chang, California State Controller, which demanded that all properties that were transferred from the m Redevelopment Agency to other entities be returned; and advised that none of the backup materials were made available to the public, and just because they were posted on the website didn't make any difference. v Hans Vandertouw, San Bernardino, CA, spoke about Economic Development Agency's a debt; low income housing that has attracted more non-productive, non-taxpaying, N dysfunctional and dangerous individuals; public safety spending; and reduced tax b revenues. N a; Kim Carter, Time for Change Foundation, San Bernardino, CA, stated that she was r 0 offended by the negative comments about low income people because everyone who v lives in San Bernardino is low income, and local businesses that do not provide higher t wages are to blame. y Mayor and Common Council of the City of San Bernardino Page D Packet Pg. 68 S.B.e Joint Adjourned Regular Meeting Minutes July 18, 2012 Mrs. Travis-Miller stated that in addition to the plan they are required to prepare, now that a state of fiscal emergency has been declared, they will be required to provide a quarterly update to the Council and those updates will all be available online and residents will be able to participate in those discussions. Motion: Close the hearing;waive full reading; and adopt the Resolution. RESULT: ADOPTED [5 TO 21 MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Virginia Marquez,Council Member, Ward 1 AYES: Marquez,Jenkins, Shorett,Johnson, McCammack N NAYS: John Valdivia, Chas A. Kelley N T 7 3. Public Comments Warner Hodgdon, San Bernardino, CA, stated that if the employees decided to challenge this action he would support it; and submitted into the record his memorandum (including attachments) addressed to Jim Morris, Mayor's Chief of Staff, dated Friday, U February 11, 2011, regarding the meeting held on Thursday, January 20, 2011. 0 Richard Valdez stated that the die has been cast and just like a soldier or marine in co combat is faced with odds that seem insurmountable, they had a motto, which was to "improvise, overcome, and adapt,"but you can't do that without being a team. He stated t that he expects the City Council to work as a team to put together a strategic plan to pull ° the City together and get on the right track. rn d a a N O N r O i.+ C d E s U R a Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg. 69 S.B.e II Joint Adjourned Regular Meeting Minutes July 18, 2012 4. Adjournment The meeting adjourned at 7:33 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., Monday,August 6, 2012. GEORGEANN"GIGI"HANNA City Clerk By Linda Sutherland N Deputy City Clerk N T 7 N d 7 C_ U C 7 O U N N v t 7 OI d tY 'O Q N O N W T n 0 c m E s U R a Mayor and Common Council of the City of San Bernardino Page 7 PacketPg. 70 JULY 24 , 2012 � MINUTES � JT . SPECIAL � ( DRAFT) � ,. City of San Bernardino Mayor Patrick J. Morris 300 North "D" Street Council Members Virginia Marquez San Bemardino, CA 92418 Robert D. Jenkins http://www.sbcity.org John Valdivia Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack N O DRAFT MINUTES JOINT SPECIAL MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO n MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 'o U MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING N AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY N AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY o JULY 24,2012 0 COUNCIL CHAMBERS to N The joint special meeting of the Mayor and Common Council of the City of San Bernardino was C° called to order by Mayor Patrick J. Morris at 5:08 p.m., Tuesday, July 24, 2012, in the Council v N Chambers, 300 North"D" Street, San Bernardino, California. 0 C Roll Call E z Attendee Name Title Status Arrived m Virginia Marquez Council Member, Ward 1 Present 5:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 5:00 p.m. John Valdivia Council Member, Ward 3 Present 5:00 p.m. Fred Shorett Council Member, Ward 4 Present 5:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 5:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 5:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 5:00 p.m. Patrick J. Morris Mayor Present 5:00 p.m. James F. Penman City Attorney Present 5:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 5:00 p.m. Andrea Travis-Miller City Manager Present 5:00 p.m. Mayor and Common Council ofthe City of San Bernardino Page l Packet Pg. 71 5.B.f Special Meeting Minutes July 24, 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). 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. N N 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. 0 U G. Conference with real property negotiator-pursuant to Government Code Section 54956.8. N N N © City Attorney Penman announced that the following items would be discussed in closed session: m Under Agenda Item No. 1 C, initiation of litigation: the bankruptcy; and ° Under Agenda Item No. 1F, conference with labor negotiator. 0. to Pledge of Allegiance The pledge of allegiance was led by Mayor Patrick J. Morris. 0 N 2. Staff Reports 0 2A. City Managrer Discuss and Take Possible Action on Proposed Pendency Plan Including s Recommendations for Various Actions Related to the City's Proposed FY 2012/13 m Budget. a Andrea Travis-Miller, Acting City Manager, provided the Mayor and Common Council with a fiscal emergency operating plan for the period of July 2012 through September 2012. Mrs. Travis-Miller stated that several attachments were included in the backup. Attachment A is a summary of revenues over the last 16 years since 1998 that is provided for Council background edification; Attachment B is the baseline budget that was proposed by the departments; and Attachments C through E address how we propose to operate over the next few months. Mayor and Common Council of the City of San Bernardino Page 2 Special Meeting Minutes July 24, 2012 Jason Simpson, Finance Director, presented highlights of the Fiscal Emergency Operating Plan. Public Comments: Mike Potter, San Bernardino, CA Larry Sharp, Redlands,CA David Baker, San Bernardino, CA Steve Rouchleau, City employee and resident Warner Hodgdon, San Bernardino,CA Kenneth Kilpatrick, San Bernardino, CA Deanna Adams, San Bernardino, CA Joe Arnett, San Bernardino, CA Jim Smith, San Bernardino, CA Charles Greenwood, City employee and resident Paul Flores, International Union of Operating Engineers representing the City's general N unit employees Roxanne Williams, San Bernardino, CA S Katrina Menell, San Bernardino,CA Tim Prince, San Bernardino, CA c Roger Henderson, San Bernardino, CA Motion: Approve the Fiscal Emergency Operating Plan for the period July 2012 to Co September 2012, to enable the City to continue to operate and provide essential services to the community while it prepares and files for protection under Chapter 9. w m RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member,Ward 4 0 SECONDER: Rikke Van Johnson,Council Member,Ward 6 w AYES: Marquez,Jenkins,Valdivia, Shorett, Kelley,Johnson,McCammack N 0 N Council Member Shorett made a motion, seconded by Council Member Marquez, to go N forward with a ballot measure to repeal Charter Section 186. o c Substitute Motion: To table the matter. d E t V RESULT: TABLED [5 TO 21 a MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Chas A. Kelley,Council Member,Ward 5 AYES: Jenkins,Valdivia, Kelley, Johnson,McCammack NAYS: Virginia Marquez, Fred Shorett C Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 73 5.B.f Special Meeting Minutes July 24, 2012 3. Public Comments Dennis Kazarian, Paramount, CA, President of Pacific Palms Mobile Home Park and Glen Air Mobile Home Park, stated that they originally financed with HUD and the corporations now have the ability to refinance their loans with HUD to a lower interest rate with a new subordination agreement. He stated that the refinance is only for the purpose of the interest rate. The current rate is 7 percent and the new rate is an anticipated 4 percent. They can't pull any money out of the refinance except for purposes of repairs that are needed in the park and serious repairs are needed. On May 14, 2012, the San Bernardino Oversight Board voted to recommend approval of the subordination of the City as the Successor Agency to the Redevelopment Agency. He asked the N Council to put the matter on the agenda and approve or concur with the committee. N T 3 Mike Potter, San Bernardino, CA, spoke against pension spiking. He stated that he emailed the two council members who voted no on fiscal emergency and Chapter 9 bankruptcy and has yet to hear back from them. He stated that he has heard gnunblings of possible tax increases and hoped that that was the last thing they would consider. The City of San Bernardino is already a quarter percent higher than the surrounding communities in sales tax. We need to figure out how to get more businesses to make San 0 Bernardino their home. Maybe we could give them a tax break for the first few years. If they haven't already, maybe the Council members could talk to some of the local N business owners to see why they call San Bernardino their home. L Draymond Crawford, City employee, stated that we do need a strong public safety element in this City,but you have to fmd out if you can afford it. We can cut everything o in the book, but if we keep doing the same thing over and over again, we're not going to Fu get ahead, we're just going to sit here and tread water until the next economic crisis a comes along. We have to make a plan to bring revenue into the City. N N Warner Hodgdon, San Bernardino, CA, spoke about the percentage of retirement and c the age of retirement going from 55 to 50; and he stated that the Mayor and his son should step down. 0 Stephen N. Johns, City employee, stated that he was finding it increasingly difficult to E believe that the City Council that was here in 2009 had no idea about the borrowing from restricted funds. He found an interoffice memo to City Manager Mark Weinberg, dated February 11, 2009, from John Wilson, Senior Assistant City Attorney, regarding the City a borrowing from enterprise funds. He spoke about an allegation of a $3.5 million deficit in Integrated Waste and he asked what happened to the sewer funds that the constituents have paid a direct fee for. Jessica Farrell, City employee, stated that she appreciated the optimism of Council Members Jenkins and McCammack; said that the financial plan raised some red flags for her; encouraged the Council to examine the numbers closely; and asked that they review the New World Financial System. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.74 S.B.f Special Meeting Minutes July 24, 2012 Jerry Moya, San Bernardino, CA, stated that people need to start voting to prevent this situation from happening again. Roger Henderson, San Bernardino, CA, stated that it was time for the City to say no to more spending; stated that the City could not afford to lose a fireman or a policeman; and stated that Code Enforcement is very important for this City. 4. Adjournment The meeting adjourned at 8:42 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., Monday,August 6, 2012. 0 N T GEORGEANN"GIGI"HANNA City Clerk v By — U Linda Sutherland Deputy City Clerk ci �o N N N L @ @ U N CL 7 N r O N 7 N r` O G d E t U w a C Mayor and Common Council ofthe City of San Bernardino Page 5 Packet P