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HomeMy WebLinkAbout09-04/05-2012 Jt. Reg Mtg Minutes {et�tNARb�Ip City of San Bernardino Mayor Patrick J. Morris ay Council Members 300 North "D" Street 4 --�.,'�•� ° Virginia Marquez x San Bernardino, CA 92418 Robert D. Jenkins a3 http://www.sbcity.org John Valdivia Fred Shorett �GNDED tN♦��a Chas A. Kelley Rikke Van Johnson Wendy J. McCammack MINUTES JOINT 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 OMAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY SEPTEMBER 4-5, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:30 p.m., Tuesday, September 4, 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 1:30 p.m. Robert D. Jenkins Council Member, Ward 2 Present 1:30 p.m. John Valdivia Council Member, Ward 3 Present 1:30 p.m. Fred Shorett Council Member, Ward 4 Present 1:30 p.m. Chas A. Kelley Council Member, Ward 5 Present 3:10 p.m. Rikke Van Johnson Council Member, Ward 6 Present 3:09 p.m. Wendy J. McCammack Council Member, Ward 7 Present 1:30 p.m. Patrick J. Morris Mayor Present 1:30 p.m. James F. Penman City Attorney Present Georgeann "Gigi" Hanna City Clerk Present 1:30 p.m. Andrea Travis-Miller City Manager Present Mayor and Common Council ofthe City of San Bernardino Page] Printed 1010312011 Joint Regular Meeting Minutes September 4-5, 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]: Placo San Bernardino LLC v. City of San Bernardino, U.S. District Court Case No. CV11-01187 G (FMOA9. 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: City of San Bernardino v. Alfonso and Irma Diaz and Linda & Child Martinez; City of San Bernardino v. THR California LLC. 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 O public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. 1 A, existing litigation: International Union of Operating Engineers, Local 12 v. City of San Bernardino, Unfair Practice Charge No. LA-CE-795-M (a public employee relations board case); Under Agenda Item No. 1B, significant exposure to litigation: United States Department of Justice v. City of San Bernardino. City Attorney Penman announced that the following additional case was discussed in closed session: In Re: City of San Bernardino, California, Chapter 9, United States Bankruptcy (`+) Court, Central District of California(Riverside), Case No. 6:12-bk-28006-MJ. Mayor and Common Council of the City of San Bernardino Page 2 Printed 1010712012 Joint Regular Meeting Minutes September 4-5, 2012 Reading of Resolutions and Ordinances Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Elder Eddie Kelley from Living Faith Gospel Church. The Pledge of Allegiance was led by Ryan Bennett, a sixth grade student at the Public Safety Academy. 2. Appointments There were no commission appointments. 3. Presentations 3A. Resolution -- Steven Oquendo and Irene Montano -- Mitla Cafe 75th Anniversary - Council Member Marquez 3B. Citizens of the Month -- Lynne Wear and Board Members -- Muscupiabe Neighborhood Association -- Council Member Jenkins 3C. Resolution -- Jim Gerstenslager-- Western Region Little League Headquarters 40th Anniversary-- Council Member Kelley 3D. Chamber of Commerce Announcements- Jack Avakian 4. Announcements - Mayor, Members of the Common Council, and Elected Officials 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 September 4, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ojthe City ojSan Bernardino Page 3 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 5B. Community Development ORD. MC-1376 — An Ordinance of the City of San Bernardino Amending Chapter 1.16 of the San Bernardino Municipal Code to Reestablish the Boundaries of the Seven Wards of the City of San Bernardino. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 5C. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED 16 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 © SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: Valdivia 6. Committee Consent 6A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Section 3.05.050 to the San Bernardino Municipal Code Regarding Transferring Restricted Funds Without Mayor and Common Council Approval. (FIRST READING) Submitted into the record was an interoffice memorandum addressed to Mark F. Weinberg, City Manager, from John F. Wilson, Senior Assistant City Attorney, dated February 11, 2009, regarding City Borrowing from Enterprise Funds. Public Comments: Betty Jean Long, San Bernardino, CA Stephen Johns, San Bernardino, CA Motion: Lay over Ordinance for final adoption. Mayor and Common Council ofthe City of San Bernardino Page 4 Printed!0/03120/1 Joint Regular Meeting Minutes September 4-5, 2012 RESULT: FIRST READING [5 TO 21 Next: 9/17/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Shorett, Johnson 7. Public Hearings 7A. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Development Code Section 19.20.030 to Allow the Use of Barbed Wire, Razor Wire, or Concertina Wire as an Approved Fencing Material. (FIRST READING) Mayor Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to the following individual that she would provide true and honest testimony: Public Comments: ^ Betty Jean Long, San Bernardino, CA, spoke about the homeless and the increase of (v'1 crimes in the City. Motion: Close the hearing; and lay over Ordinance for final adoption. RESULT: FIRST READING [5 TO 21 Next: 9/17/2012 1:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Jenkins, Valdivia, Kelley, Johnson, McCammack NAYS: Marquez, Shorett 8. Staff Reports 8A. City Manager RES. 2012-228 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement Between the City of San Bernardino and the San Bernardino Convention and Visitors Bureau dba Route 66 for City Services for the 23`d Annual Stater Bros Route 66 Rendezvous. Public Comments: Debbi Matley, San Bernardino, CA Motion: Adopt the Resolution. Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 811. City Manager RES. 2012-229 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Memorandum of Understanding with the Water Department for Provision of City Services for Fiscal Year 2012/2013. Andrea Travis-Miller, Acting City Manager, advised that the contract cost for Information Technology Services contained in Attachment 1 was incorrect and should have been $262,000. She stated that the amount listed in the agreement was correct. Public Comments: Stephen Johns, San Bernardino, CA Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] O MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson, McCammack 8C. Community Development RES. 2012-230 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Tract Map No. 17699, located on the north side of Campus Parkway between Pinnacle Lane and Valles Drive in the RL, Residential Low Land Use District, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision,with time for performance specified. Council Member McCammack stated that in the future it would be helpful to staff, as well as the public, to have a location map included in the backup for all tract maps and developments. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 O AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack NAYS: Valdivia Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 10103/2012 Joint Regular Meeting Minutes September 4-5, 2012 8D. Community Development RES. 2012-231 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Final Map for Tract Map No. 17716, located on the north side of Pine Avenue between Ohio Avenue and Belmont Avenue in the RL, Residential Low Land Use District, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO O] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 iAYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack II ABSTAIN: Valdivia 8E. Information Technoloey RES. 2012-232 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Award of Annual Purchase Orders for the City's 800 MHz Voice/Data Backbone, MDC Maintenance, Dispatch Console Maintenance, and User Equipment Maintenance with the County of San Bernardino's 800 MHz Group. Motion: Adopt the 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 8F. Police RES. 2012-233 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with the United States Department of Justice for the San Bernardino Police Department to Participate as a Member of the Drug Enforcement Administration (DEA) Task Force. Motion: Adopt the 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 C Mayor and Common Council of the City of San Bernardino Page 7 Printed 1010312011 Joint Regular Meeting Minutes September 4-5, 2012 G 8G. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement and Authorizing the Issuance of a Purchase Order to Chase Financial Services for a Four Year Parking Lot Lease and Utility Payments Not to Exceed $40,000 with an Optional Annual Renewal. Council Member Kelley made a motion, seconded by Council Member Johnson, to adopt the resolution. No vote was taken. Council Member McCammack asked the Acting City Manager to look into additional parking options. Public Comments: Draymond Crawford, San Bernardino, CA Motion: Continue the matter to the Council meeting of September 17, 2012. RESULT: CONTINUED 15 TO 21 Next: 9/17/2012 1:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Valdivia, Kelley, McCammack NAYS: Shorett, Johnson J 8H. Public Works RES. 2012-234 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to JTB Supply Company, Inc. for the Purchase of Traffic Signal Controllers and Cabinets. Public Comments: Betty Jean Long, San Bernardino, CA Motion: Adopt the 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 9. Continued Items 9A. City Clerk Council Minutes of April 2, 2012; April 3, 2012; April 16, 2012; and April 19, 2012. O (Continued from August 6, 2012.) Public Comments: Kathy Mallon, San Bernardino, CA Mayor and Common Council of the City of San Bernardino Page 8 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 Motion: Approve the minutes of the following Council meetings: April 2, 2012; April 3, 2012; April 16, 2012; and April 19, 2012. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSENT: Valdivia 9B. City Manaser RES. 2012-236 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Pre-Pendency Budget Plan. (Continued from August 29, 2012.) Kelley Motion: Remove the Fire Chief's proposed budget and replace it with the alternate budget savings plan, which was brought forward to this Council at the previous meeting; excluding the elimination of the positions at Station 11; consider looking at eliminating three additional administrative positions; include monetizing the plan for the cell phone tower revenues located on City properties to provide at least a million dollars in revenue enhancements to reduce the severity of the proposed budget cuts to our residents; and expedite the lease of public/private partnerships with the trash department to achieve budget savings and generate ongoing City revenues which will help mitigate O cuts to the community and its services. I McCammack/Kelley substitute motion: Remove the monetizing of the cell phone towers in exchange for monthly revenue streams from the cell towers. McCammack/Kellev motion clarified by City Clerk: Remove the Fire Chief's proposed budget and replace it with the alternate budget Council Member Kelley presented at the previous meeting; eliminate the closing of Station 11; and expedite the lease of public/private partnerships with regards to the trash department. Presentations were made by Jim Smith, Interim Director of Public Works; Kevin Hawkins, Director of Parks, Recreation & Community Services; Jolena Grider, Senior Assistant City Attorney; Margo Wheeler, Director of Community Development; Deborah Clark, Interim Library Director; Andrea Travis-Miller, Acting City Manager; Jason Simpson, Director of Finance; Lea Deesing, Director of Information Technology; Gigi Hanna, City Clerk; Jim Morris, Mayor's Chief of Staff, and Kelli Bruhl, Chief Examiner. A document titled, "City Attorney's Office 32% Budget Cut" was distributed to the Mayor and Common Council and submitted into the record. Council Member Kelley requested clarification that Item No. 3, the elimination of the P1 position(4th firefighter on ME231), would not be part of the motion. OCouncil Member McCammack requested information regarding internal service charges versus actual costs and refuse fund transfers. Mayor and Common Council ofthe City of San Bernardino Page 9 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 Jason Simpson, Director of Finance, stated that the refuse fund has been operating in the negative for quite a while and has a deficit of$4 million, so there is no money to transfer from the refuse fund. He stated that the refuse fund does owe the general fund money every year—approximately ten percent. Andrea Travis-Miller, Acting City Manager, stated that in the past the refuse fund may have been paying for City services that otherwise should have been allocated to the general fund, but they are not currently in a position to do that, so that's why you don't see the same level of transfers or support being provided back to the City that you may have seen in prior years. She stated that they recognize that there are some issues there and are taking steps to try to correct that. Council Member Shorett asked what will happen if they don't approve the plan. Mrs. Travis-Miller stated that ultimately the City will run out of money. The expenditures are just too great now and they are outpacing all the money coming in. Discussion ensued regarding the sale of assets, potential revenues and franchise fees. Kelley's amendment to motion: Direct the City Manager and the City Attorney's office to get an RFP back to the Council within two weeks so staff can get moving on revenue opportunities. Council Member McCammack amended her motion to include the comment made by OCouncil Member Kelley. Chief Drasil stated that he had serious concerns about Council Member Kelley's proposal relative to Fire. He stated that it contains several false statements and unworkable options. The proposed savings as presented are not completely accurate and fall $1.4 million short of the requested savings of$3.5 million. This shortfall would have to be found elsewhere in the Fire Department budget or within the general fund. He stated that he is in the process of preparing a response to Mr. Kelley's proposal that will provide the Mayor and Council with accurate information. Mr. Kelley's plan will leave both the Department and the City open to more litigation and put firefighters and public safety at considerable risk if adopted. The proposal will result in the inability of the Department to safely operate on a 24 hour, 7 day per week, 365-day schedule. He requested that he be allowed to present a response to the proposal. Public Comments: Mike Potter, San Bernardino, CA Kathy Mallon, San Bernardino, CA Stephen Johns, City employee George Swift, International Union of Operating Engineers Draymond Crawford, City employee Curtis Stone, City employee Robert Cravens, City employee © Ronald Donis, City employee Charles Greenwood, City employee George Avery, Redlands, CA Larry Sharp, Redlands, CA Elva Vizcaino, City employee Mayor and Common Council ofthe City of San Bernardino Page 10 Printed 1010312011 Joint Regular Meeting Minutes September 4-5, 2012 Amended McCammack/Kellev motion as clarified by City Clerk: Remove the Fire Chief's proposed budget from the Pre-Pendency Plan and replace it with the alternate budget presented by Council Member Kelley at the previous meeting, with the exception of the elimination of the P1 position mentioned therein; eliminate the closing of Station 11; expedite the lease of public/private partnerships with regards to the trash department; and direct the City Manager and the City Attorney's office to get an RFP to the Council within two weeks on revenue opportunities regarding the trash department. RESULT: VOTE FOR APPROVAL VETOED BY MAYOR MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Jenkins, Valdivia,Kelley, McCammack NAYS: Marquez, Shorett, Johnson Johnson/Marquez substitute motion: Adopt the Pre-Pendency Plan minus the recommendation from the Fire Chief relative to the savings in the Fire Department. RESULT: FAILED [3 TO 4] MOVER: Rikke Van Johnson, Council Member, Ward 6 O SECONDER: Virginia Marquez, Council Member, Ward 1 j AYES: Marquez, Shorett, Johnson NAYS: Jenkins, Valdivia, Kelley, McCammack Note: Discussion of this item was continued to September 5, 2012, and begins on Page 13. 10. Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency 10A. City Manager RES. 2012-235 — Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Recognized Obligation Payment Schedule for the Period of January through June 2013 and Approving Certain Related Actions. Council Member McCammack stated that she would be abstaining on this item due to the fact that several creditors contained on the list are clients of her business. She left the Council Chambers and returned after the vote was taken. Motion: Adopt the Resolution. O Mayor and Common Council ojthe City ojSan Bernardino Page 11 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 RESULT: ADOPTED [5 TO 01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson ABSTAIN: McCammack ABSENT: John Valdivia 11. Public Comments on Items Not on the Agenda Ron Coats, San Bernardino, CA, spoke about the demographics of the City; asked why his list of 37 ideas has not been discussed or implemented; suggested holding future Council meetings weekly; recommended that any expenditure over $10,000 come before the full Council for approval; and publicly commended the City Manager for the great job she is doing. Page Miller, Highland, CA, spoke against Operation Phoenix; asked the City Manager to facilitate a better way for future City Managers and Councils to communicate and know what is going on fiscally; stated that Council members need to meet once a week; and suggested that the City allow veterans to revitalize abandoned properties and then give a veteran that home or help them purchase it with a VA loan. O12. Adjournment At 12:36 p.m., the meeting adjourned to Wednesday, September 5, 2012, at 3 p.m., in the Council Chambers of City Hall, to continue discussion of Agenda Item No. 9B. 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, September 17, 2012. Reconvene—September 5, 2012 The joint regular adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Moms at 3:15 p.m., Tuesday, September 5, 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 of the City of San Bernardino Page 12 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 9B. City Manaeer RES. 2012-236 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Pre-Pendency Budget Plan. (Continued from September 4, 2012.) The following documents were distributed to the Mayor and Common Council and submitted into the record: "City of San Bernardino Pre-Pendency Plan, Current and Draft Proposed Organization Charts, September 5, 2012"; "San Bernardino Public Library Pre- Pendency Plan"; and an Interoffice Memorandum addressed to the Mayor and Common Council from Andrea M. Travis-Miller, Interim City Manager, dated September 4, 2012, regarding Cash Flow Position—Report on Selected Analysis." Andrea Travis-Miller, Acting City Manager, spoke about the City's financial condition and the Pre-Pendency Plan. Questions posed by the Council on September 4, 2012, were answered by Chief Handy, Police Department; Interim Chief Drasil, Fire Department; Lea Deesing, Director of Information Technology; Kevin Hawkins, Director of Parks, Recreation & Community Services; Margo Wheeler, Director of Community Development; Deborah Clark, Interim Library Director; and Jim Smith, Interim Public Works Director. Public Comments: Steve Tracy, San Bernardino, CA Roberto Elizarraraz, City employee Paul Sanborn, San Bernardino, CA George Swift, International Union of Operating Engineers Patricio Sanchez, City employee Stephen Johns, City employee Jim Smith, San Bernardino, CA Ryan Dorsett, City employee Kelley/McCammack motion: Direct the City Manager to work with the City Attorney to go out with an RFP for leasing public/private partnership opportunities of the entire refuse operation and that the RFP include bifurcating the City, managed competition, include purchasing all solid waste equipment, offer employment to all employees (including collection, customer service, maintenance and administration), and that the RFP includes having a state-of-the-art waste processing facility. Kelley's addition to his motion: Include that one or more haulers be considered and set a time frame of 45 days in which this can all be accomplished. In addition to the City Attorney and City Manager working together, whomever professional consultant that you would like to bring in to advise us during this process, should be part of how we begin this detailed opportunity for the City. Kelley's amendment to his motion: Strike the 45-day timeframe and ask the City OManager to come back within two weeks with the RFP, but no later than October 1, 2012. Council Member McCammack stated that she was under the impression that Mr. Kelley had already received a third draft of an RFP. Mayor and Common Council ofthe City of San Bernardino Page 13 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 Mrs. Travis-Miller, Acting City Manager, stated that she did not have the availability of the potential consultant. Council Member McCammack stated that if the substitute motion were to fail, did Mr. Kelley want the City Manager to come back with a status update as to the activity up to that point to the next possible Council meeting? Council Member Kelley agreed to the amendment. McCammack's amendment: Direct the City Manager to come back with a status update as to the activity up to that point to the next Council meeting. Shorett/Marguez substitute motion: Direct the City Manager to look for those opportunities in the trash and refuse stream to create an RFP to deal with the disposal of trash in respect to the issue with the Waste Disposal Agreement (WDA). RESULT: FAILED [3 TO 41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Johnson NAYS: Jenkins, Valdivia, Kelley, McCammack Kelley/McCammack original motion: Direct the City Manager to work with the City Attorney to go out with an RFP for leasing public/private partnership opportunities of the entire refuse operation and that the RFP include: bifurcating the City; managed competition; include purchasing all solid waste equipment; employment offers to all employees; a state-of-the-art waste processing facility; that one or more haulers be considered; direct the City Manager to work with the City Attorney together with a professional consultant to advise us during this process, which should be part of how we begin this detailed opportunity for the City; that the City Manager come back to the Council with an RFP no later than October 1, 2012, and come back with a status update as to the activity up to that point at the next Council meeting. RESULT: ADOPTED [5 TO 21 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 i AYES: Marquez,Jenkins, Valdivia, Kelley, McCammack NAYS: Shorett, Johnson City Attorney Penman stated that a question arose as to whether there had been a violation of the Brown Act because the item was not agendized as a separate motion. He advised that it would be appropriate if it was tied to the Pre-Pendency Budget Plan. OCouncil Member Kelley stated that it was part of the Pre-Pendency Plan. He suggested that the Council rescind their last action and vote again to include in the motion that it was part of the Pre-Pendency Plan. Mayor and Common Council ofthe City ojSan Bernardino Page 14 Printed 1010311011 Joint Regular Meeting Minutes September 4-5, 2012 Mr. Penman asked Mr. Kelley if it was an amendment to the Pre-Pendency Plan. Council Member Kelley stated that that was his intent. Mr. Penman advised that if that was the intent, to avoid any confusion as to whether there was a Brown Act violation or not, Mr. Kelley would need to make a motion to reconsider and then remake that part of the motion. Kelley motion: To reconsider the last motion. Council Member McCammack submitted into the record an eight-point list to which she added a ninth item, as follows: "Do not contract out custodial services until we fully understand the implications of contracting out those services." She asked if the maker of the motion on the Pendency Plan would include those nine points in terms of a modification to the Pendency Plan. Kelley/McCammack motion: Rescind the previous action to avoid the appearance of any sort of conflict or violation. 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 Kelley/McCammack motion: Amend the Pre-Pendency Plan to direct the City Manager to work with the City Attorney to go out with an RFP for leasing public/private partnership opportunities of the entire refuse operation and that the RFP include: bifurcating the City; managed competition; include purchasing all solid waste equipment; employment offers to all employees; a state-of-the-art waste processing facility; that one or more haulers be considered; direct the City Manager to work with the City Attorney together with a professional consultant to advise us during this process, which should be part of how we begin this detailed opportunity for the City; that the City Manager come back to the Council with an RFP no later than October 1, 2012; and come back with a status update as to the activity up to that point at the next Council meeting. RESULT: ADOPTED [4 TO 3] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Jenkins, Valdivia, Kelley, McCammack NAYS: Marquez, Shorett, Johnson O NOTE: Later in the meeting Council Member Valdivia verbally changed his vote to a "no"; therefore, the above motion FAILED. Mayor and Common Council ofthe City of San Bernardino Page 15 Printed 10/0312012 Joint Regular Meeting Minutes September 4-5, 2012 McCammack/Valdivia motion: Accept the Pre-Pendency Plan including the list of nine items (eight items plus the verbal item that was read into the record). Valdivia's amendment to the motion: Include the alternate budget provided by Council Member Kelley on September 4, 2012, with the exception of Item No. 3. McCammack/Valdivia motion as clarified by City Clerk: Accept the Pre-Pendency Plan with the inclusion of the nine-point plan that was provided by Ms. McCammack and include Mr. Kelley's proposal, minus Item No. 3. Johnson/Marquez substitute motion: Remove Fire from the Pre-Pendency Plan; allow the Chief to do the comparison; and include the additions as stated by Council Member McCammack. Mr. Penman asked Mr. Johnson if his motion was an amendment to the Pre-Pendency Plan. Council Member Johnson clarified that his motion was to amend and approve the Pre- Pendency Plan, minus Fire. Council Member Kelley asked if the Fire Department proposal could come back in two weeks. OMrs. Travis-Miller stated that staff would evaluate the two proposals related to fire—the one that was presented, plus the one that Mr. Kelley brought forward—and would bring it back to the next meeting. Council Member Marquez requested that Villasehor Library be added to Item No. 3 of Mrs. McCammack's list. Johnson/Marquez substitute motion as clarified by City Clerk: Amend and approve the Pre-Pendency Plan, as previously amended, minus the Fire Department's proposal, include the nine-point plan as presented by Council Member McCammack, adding Villasenor Library to Item No. 3; and come back in two weeks with an updated plan for the Fire Department Budget. RESULT: ADOPTED [5 TO 21 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Shorett, Johnson, McCammack j NAYS: Valdivia, Kelley j Council Member Valdivia stated that he wanted to change his previous vote on the Waste ODisposal Agreement. Council Member Kelley assured Mr. Valdivia that the Fire Chief was not going to implement anything and the City Manager would not act on anything in the Pre-Pendency Mayor and Common Council ofthe City of San Bernardino Page 16 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 Plan. He stated that it is critical that they look for public/private partnerships and revenue opportunities. He asked Mr. Valdivia to reconsider his vote. Council Member Valdivia asked why they had to wait for two weeks. Mrs. Travis-Miller stated that the Council had asked staff to analyze both proposals. Council Member Valdivia stated that his understanding was that the Fire Chief had assembled a team to address the issue. He asked the Chief if he was prepared to deliver that analysis to the Council at this time. Chief Drasil stated that he was still in the process of finalizing his plan and that he was probably 75 percent complete. He stated that he was trying to look at ways to incorporate what was in the plan presented by Mr. Kelley and provide additional options for the Council's consideration. Mr. Valdivia stated that he was not convinced that they needed two weeks to do that. Mrs. Travis-Miller stated that staff was asked if they could provide an evaluation in a couple of weeks and they said they could. Council Member Johnson stated that he wanted the Chief to have adequate time to do the comparison, because it was residents throughout the whole City whose lives were at stake. I Chief Drasil stated that he would like to be able to come back to the Council with accurate facts, and he didn't want to jeopardize any plan or the safety of the residents. Mr. Valdivia stated that his vote was still "no". Kelley/Jenkins motion: Rescind the previous action regarding the RFP amendment to the Pre-Pendency Plan. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Valdivia, Shorett, Kelley, Johnson ABSENT: McCammack Kelley/Jenkins motion: Reconsider amending the Pendency Plan to include the RFP in the original language. Mr. Kelley clarified that the Council rescinded the action and now there was a new Omotion on the table,which was a repeat of the original motion. Mayor and Common Council ofthe City of San Bernardino Page/7 Printed 1010312012 Joint Regular Meeting Minutes September 4-5, 2012 Kelley/Jenkins motion as clarified by City Clerk: Amend the Pre-Pendency Plan to direct the City Manager to work with the City Attorney to go out with an RFP for leasing public/private partnership opportunities of the entire refuse operation and that the RFP include: bifurcating the City; managed competition; purchasing all solid waste equipment; offering employment to all employees; a state-of-the-art waste processing facility; that one or more haulers be considered; direct the City Manager to work with the City Attorney together with a professional consultant to advise us during this process, which should be part of how we begin this detailed opportunity for the City; that the City Manager come back to the Council with an RFP no later than October 1, 2012; and come back with a status update as to the activity up to that point to the next Council meeting. Mayor Morris stated that the decision by Mr. Valdivia to change his vote prompted the motion maker to move to rescind, and that motion passed. The rescission is effective and now he has renewed the motion again in the original language. RESULT: ADOPTED [4 TO 21 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Kelley, McCammack NAYS: Valdivia, Shorett © ABSENT: Johnson 12. Adjournment The meeting adjourned at 6:40 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, September 17, 2012. GEORGEANN "GIGP' HANNA City Clerk By Linda Sutherland Deputy City Clerk O Mayor and Common Council ofthe City of San Bernardino Page 18 Printed 1010312012