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Home My WebLink About11-26-2012 Jt. Adj Reg Mtg Minutes p`�Nnx°rNO City of San Bernardino Mayor Patrick J. Morris �t �9 300 North "D" Street Council Members c r o San Bernardino, CA 92418 Virginia Marquez Robert D. Jenkins http://www.sbeity.org John Valdivia Fred Shorett D ttY Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT ADJOURNED REGULAR 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 NOVEMBER 26, 2012 COUNCIL CHAMBERS The joint adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 3:30 p.m., Monday, November 26, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 3:00 p.m. Robert D. Jenkins Council Member, Ward 2 Present 3:00 p.m. John Valdivia Council Member, Ward 3 Present 3:00 p.m. Fred Shorett Council Member, Ward 4 Present 3:00 p.m. Chas A. Kelley Council Member, Ward 5 Present 3:00 p.m. Rikke Van Johnson Council Member, Ward 6 Present 3:00 p.m. Wendy J. McCammack Council Member, Ward 7 Present 3:00 p.m. Patrick J. Morris Mayor Present 3:00 p.m. James F. Penman City Attorney Present 3:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 3:00 p.m. Andrea Travis-Miller City Manager Present 3:00 p.m. Mayor and Common Council ojthe City ojSan Bernardino Page l Printed 1112712011 Joint Adjourned Regular Meeting Minutes November 26, 2012 1. Closed Session - Pursuant to Government Code Sections(s): - A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino, U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: �^ Police Safety {O� Police Management Fire Safety Fire Management Mid-Management General Management/Confidential G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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 The Pledge of Allegiance was led by Council Member McCammack. O Mayor and Common Council of the City of San Bernardino Page 2 Printed 1112712012 Joint Adjourned Regular Meeting Minutes November 26, 2012 2. Open Session 2A. City Manager RES. 2012-278 — Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Fiscal Year 2012/13 and Fiscal Year 2013/14 General Fund Budgets as revised by the changes described in this report, which incorporate by reference the Pre-Pendency Plan including the 9-Point Adjustment Plan adopted on September 5, 2012, and the revised Fire Department adjustments adopted on October 1, 2012; and authorize the continuation of the Fiscal Emergency through June 30, 2014, as adopted by Council Resolution No . 2012-205 of the Mayor and Common Council adopted on July 16, 2012; and authorize the City Manager to appropriate 1/12 of the Fiscal Year 2010/11 operating budget per month through December 31, 2012. City Attorney Penman stated that a number of the City's creditors have received an advertisement from a company that is seeking employment with those creditors and the company is offering to pay 55 percent of the current amounts the City owes these debtors for goods delivered and received. He stated that anyone who receives this particular advertisement should be very cautious about entering into any such agreement and should seek legal advice. The following documents were distributed to the Mayor and members of the Council and submitted into the record: "City of San Bernardino, California, Pendency Plan, FY 2012- 13 Base Year," dated 11/26/2012 Revised; and "Pendency Plan, City of San Bernardino," Qdated November 26, 2012. Andrea Travis-Miller, Acting City Manager, reviewed the revisions that had been made to the Pendency Plan on pages 5, 6, 8, and 10-12, which were noted in red. She advised that there was an error on page 5, in that the amount of Salary, Wages, and Benefits Balancing Measures should have read $25,980,742. Council Member McCammack requested that the words "on all shifts" be added on page 5 at the end of item 94, and on page 10, at the end of item#6. Ms. Travis-Miller stated that the document could be found on the City's website as a redline version and once the Council takes action this evening, staff will update the document so it will become the final document and will be presented to the Council as a line item budget. She stated that the Water Department has requested that they have their own PERS account and that is being explored at this time. Public Comments: Ron Coats, San Bernardino, CA Brent Berkompas, City Fire Department employee, San Bernardino, CA Hans Vandertouw, San Bernardino, CA , QCouncil Member Shorett made a motion, seconded by Council member Johnson, to adopt the resolution. No vote was taken. Mayor and Common Council ofthe City of San Bernardino Page 3 Printed 11127 22012 i Joint Adjourned Regular Meeting Minutes November 26, 2012 Council Member McCammack suggested that the motion be amended to include: starting `owl with the meeting of December 17, 2012, provide a once-a-month agenda item as a progress report of how close we are sticking to the Pendency Plan, which then becomes an ongoing update to the July 9, 2012, Budgetary Analysis and Recommendations for Budget Stabilization document. Staff advised that an additional revision needed to be made on page 3 of the Pendency Plan dated November 26, 2012, under the heading "Pendency Plan," in the second paragraph, placing a period after the word "Budget" and deleting the remainder of that sentence. Council Members Shorett and Johnson agreed to the amendment made by Council Member McCammack and all the revisions that had previously been discussed. Motion: Adopt the Resolution; and starting with the meeting of December 17, 2012, agendize and present a monthly progress report to the Council, using the July 9, 2012, Budgetary Analysis and Recommendations for Budget Stabilization document as the foundation for revision or update. RESULT: ADOPTED [5 TO 21 00:40:20 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack V NAYS: John Valdivia, Chas A. Kelley 3. Public Comments on Items Not on the Agenda Roger Henderson, San Bernardino, CA, spoke about how The Sun has failed the City as a local newspaper and he agreed with Mr. Penman's advice to "go home, lock your doors, and load the gun." Ron Coats, San Bernardino, CA, thanked the Council for making the tough choice and spoke against sick leave payouts to retirees. Betty Jean Long, San Bernardino, CA, stated that the elected officials in the City of San Bernardino are thieves and liars and are neglecting their jobs. Jim Smith, San Bernardino, CA, congratulated the Council on moving the Pendency Plan forward and commended Council Member McCammack for her comments. Mayor and Common Council ofthe City grSan Bernardino Page 4 Printed 1112712012 Joint Adjourned Regular Meeting Minutes November 26, 2012 4. Adjournment At 5:02 p.m., the meeting adjourned. 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, December 3, 2012. GEORGEANN "GIGP'HANNA City Clerk Linda Sutherland Deputy City Clerk Mayor and Common Council ojthe City ojSan Bernardino Page 5 Printed 1112712012