[0:00] And this is the Light Oak Creek Community Center. Many of them are youngsters that are either an elementary school or a middle school, and we're very, very proud of you. We have a list of individuals, Julio Soto, 12 years old. He won the Silver Medal Award at the Taikwondo National Championship here at Kelstay, San Bernardino, and we're very proud of these youngsters in our community.

[0:27] So I'll call out their name, and they receive a certificate, and we're very proud of you.

[0:34] First one goes to Julio Soto, second one to Nellie Soto, Hissus Edevia,

[0:41] Harageli Contreras, Joseph Jones, Jonathan Sanchez, Edwin Rees, David Rees, Naili Diaz,

[0:59] Caesar Veldez, and we are very, very proud of these youngsters.

[1:04] Let's give them a hand.

[1:13] Also, I would like to read a resolution of the Maryland Common Council

[1:17] Committee, the leader of this group who for whatever purpose, and I was just informed

[1:24] just recently that he was unable to be here, Master Ramal Dunbar, who is the leader of

[1:29] the United Brazilians, Jiu-Jitsu, MMA Fitness Club.

[1:33] He is the owner and instructor, and we're very grateful for his leadership, dedication,

[1:38] and coaching abilities of these youngsters.

[1:39] I'd like to read a few of the warehouses, whereas Master Romell, Dunbar, as over 40 years

[1:45] of experience in the martial arts, and is the only certified Brazilian Jiu-Jitsu Black

[1:50] Belt in the Illinois Empire.

[1:52] Master Romell, Dunbar, is a three-time Pacific Taikwondo National Champion.

[1:56] He is a coach of the National International Champions, a fifth-degree Black Belt and Taikwondo,

[2:03] a third-degree Black Belt and both Brazilian and Japanese Jiu-Jitsu.

[2:08] and he is also a Brazilian jujitsu referee under Carlson Gracie.

[2:13] And whereas Master Ramel Dunbar currently teaches in trains,

[2:17] it has three United Brazilian jujitsu schools located here in southern California.

[2:23] We are now there for be it resolved on this occasion

[2:25] and an appreciation of his leadership, coaching, abilities,

[2:29] dedication and impressive contribution to the city of San Bernardino.

[2:33] And in its citizens, we on behalf of the mayor and common council

[2:35] of the city of San Bernardino, do enjoy and command Master Remeld Dunbart.

[2:41] And I'm going to ask Julio to please come and accept this award on behalf of this

[2:46] Mayor and Common Council.

[2:47] Congratulations, kids.

[2:48] You did a great job.

[3:14] This class in fitness and in the art of Jiu Jitsu gives testimony, Mr. Bolivia, to the wonderful

[3:26] activities that are taking place in the Laddle Creek Center.

[3:30] That center clearly is being utilized by the neighborhood, the family and friends around

[3:35] the park, and in your ward, and I appreciate your stepping forward to honor those who have

[3:41] made the most of that asset.

[3:43] Thank you very much,

[3:45] sir.

[3:45] With that, let's call, forward our Chamber of Representatives, the President of the Board,

[3:51] Jim Gerson-Slogger, for civic announcements for the month of September and October.

[4:00] Thank you Mayor Common Council. On Saturday, September of the 22nd, the San Bernardino

[4:07] Symphony Symphony Orchestra presents Russian Rolead, the presentation will be held at the

[4:30] At least that's the way they said the pronunciation, I'm not sure.

[4:35] On Tuesday, September 25th, Sandbag is hosting a Redlands passenger rail project public

[4:42] scoping meeting.

[4:43] The meeting will be held at the University Room at December, Nina Hilton, from 537-30pm.

[4:51] Team members will present the latest information on the proposed new passenger rail service

[4:56] between the City of San Bernardino and the University of Redlands for more information

[5:02] called A848276, the San Bernardino Area Chamber of Commerce Business after hours will be held

[5:11] on Thursday, September 27th hosted by Sportsco. Sportsco is located at 785 South Giford Avenue

[5:20] and the mixture will be from 5 to 7 pm to RSVP called the chamber at 885-7515.

[5:29] On Friday, September 28, the San Bernardino area chamber governmental affairs division is hosting a legislative breakfast featuring the 31st U.S. Congressional District Candidates.

[5:40] The breakfast will be held at Shannon Hills Golf Club at 7.30am.

[5:46] Meet the candidates here with what we can expect from them to do for our district

[5:51] and hear their thoughts on key business issues.

[5:55] Attendees will be able to express their concerns and have their questions answered

[5:59] for reservations called the Chamber at 885-7515.

[6:04] California native American Day will be held on Friday, September 28th at the Cal State

[6:10] University of San Bernardino campus starting at 6 p.m.

[6:14] The event is free and open to the public for more information call 537704.

[6:22] And finally, save the date on Friday, October 5th, the San Bernardino area chamber of

[6:28] Commerce and your golf tournament will be held at Shannon Hill's golf club.

[6:32] Shotgun started 12 noon, sponsorship opportunities are available to participate called the

[6:42] Thank you very much, Mr. Chairman, appreciate you coming down every week to keep us up to date on activities in our city and beyond. Thank you very much.

[6:54] Let's turn now to the table and for announcements from the mayor and members of the Council and in case staff members,

[7:02] I'm going to start with a presentation of a formidable looking device.

[7:10] on the 16th of this month, the son of his paper,

[7:13] it was a really nice editorial piece about our city.

[7:18] Essentially, the city, in fact, is not bankrupt.

[7:22] In the sense that we have a host of our citizens

[7:26] who are engaged in projects to beautify our city,

[7:30] to help clean up our city, to create an environment

[7:34] as volunteers that make us all proud.

[7:38] And we appreciate that kind of positive editorial because we have, in the city, no bankruptcy, based upon the spirit of this place.

[7:50] I mentioned this some weeks ago, but my wife was working as a volunteer and a while apart,

[7:57] ask contributions from various medical providers if they would have available pick-up sticks.

[8:06] For people who want to clean up parks and work in parks, I'm offering, I'm not offering.

[8:12] They can pick up by calling our home the dozens that she's picked up from medical device providers.

[8:20] For people who want to walk down our median scripts while on their morning walk or in our parks to pick up debris and trash,

[8:29] even bend down and up straight and operate the pick-up stacks that they work beautifully.

[8:35] So just call 8-8-3-4-1-7-7 or home phone, 8-8-3-4-1-7-7 and get your pick-up stack and be a member of our voluntary crew to work in our parks and median sub for a cleaner for a beautify city.

[8:50] Let's then go to Mr. Jenkins.

[8:53] Thank you, Mr. Mayor.

[8:54] First, I want to wish my colleague

[8:56] from the first ward a speedy recovery.

[8:59] And thank you, Mayor, for pointing out

[9:00] that wonderful editorial by the Sammy and his son.

[9:04] I was very appreciative to see that editorial.

[9:08] It seemed like one newspaper praised our volunteers

[9:12] in another publication, attacked volunteers all one week.

[9:19] First, I want to thank the CVB, the state of brothers, the sponsors, volunteers, city employees,

[9:27] and the friends of the rendezvous for a wonderful Route 66.

[9:32] I was able to go both Friday and Saturday.

[9:35] My parents drove 200 miles to participate and just spend money.

[9:39] And I had a blast even though it was hot.

[9:41] So to all those who participated, especially to the friends of the rendezvous, who not only gave time and energy, but finances, thank you so much.

[9:50] I'm sure it'll bring a much needed boost to our revenue stream.

[9:55] As I always say, Tuesday is market night from 6 to 930.

[10:00] So tomorrow, September 18th is cold comfort.

[10:04] It's a blue-sponked R&B rock and then September 25th is Mexican culture night.

[10:11] I encourage everyone to go out, get those fresh produces, buy some of the jewelry there

[10:16] or the other goods and just enjoy the nice entertainment.

[10:23] Last week was the Wild Wild West and I really enjoyed the gun show, Wild Earth really showed

[10:30] them.

[10:31] And then I have a question for either the city manager or the city attorney.

[10:39] I've been feeling a lot of questions from the community and it has to deal with our retirees

[10:47] and the bankruptcy and how it impacts them.

[10:50] And there are a lot of speculation and rumors out there pertaining to purse.

[10:55] And I'd like to know if it's possible we can give them a quick update.

[11:00] Yes, we can. I'm not sure how reassuring it's going to be and there's a lot that we don't know.

[11:08] We've also been receiving a lot of questions, as I think all the elected officials have been.

[11:12] And one of the questions we're receiving from the retirees is whether or not their pensions could be changed as a result of bankruptcy.

[11:21] Perse, which is a public employees retirement system for the state of California, in which the city of San

[11:26] Milo has participated for many, many years, has taken the position that a bankruptcy does not affect the Perse retirements.

[11:36] However, some of the creditors have indicated that they intend to, at least there was an article in New York Times,

[11:45] that's stated that some of the creditors said they intend to challenge

[11:48] PERS in court on that position.

[11:52] If they challenge PERS, if that happens, and if they are successful, then

[12:00] and if assessed by the creditors would mean that the mayor and Council

[12:05] could make changes in existing retirement systems or programs.

[12:12] The mayor in Council would be the ones that have to make the decision as to what changes

[12:16] to make it any.

[12:18] But first, there's an obstacle that the creditors would have to overcome, and that obstacle

[12:24] is that they would have to get perished the change of position.

[12:29] We have had some conversation with person officials, and they have indicated that they are under

[12:38] pressure from the legislature to make some changes.

[12:43] So at this point, it's possible,

[12:49] and again, at this point, September 17, 1912.

[12:54] Excuse me, 2012, but back to the earlier days, there were hundreds of years.

[13:00] And as of this date and time, it seems unlikely that the retirements will be affected.

[13:08] But that could change depending on whether the creditors do, challenge purrs and whether

[13:15] and whatever the court's decisions are in regards to that challenge.

[13:20] In the meantime,

[13:23] the retirees will still be receiving their retirement checks, the retiree

[13:27] health benefits are a separate issue, that is something that can be changed in the bankruptcy

[13:35] process because bankruptcy is all about as we have been told, reforming contracts and

[13:41] the retiree health benefits are provided for in the memorandums of understanding between

[13:48] city in its various bargaining units.

[13:52] Separate from the city's contribution to employees' health plans is the issue of employees

[14:02] who went out on total disability and as part of their worker's concept settlement of their

[14:08] disability retirement receive a lifetime medical.

[14:13] There's only a relative view that have that I'm told.

[14:16] And those people are totally, well, they're totally, but they're disabled.

[14:23] Most of them are severely disabled to have the lifetime medical.

[14:27] Again, that's information has been provided to us.

[14:33] Those medical benefits, I'm told, are not subject to bankruptcy,

[14:37] because they were part of either a decision in a disability retirement proceeding

[14:43] or a worker's company, and say, should proceed.

[14:47] And offhand, I don't know of any other benefits that the retirees receive, the city

[14:53] manager might probably just have more information on that than I do, but those are the two

[14:57] that I've received the most questions about that are off.

[15:00] Office has been contacted about the most. So for right now, it's probably way to see that there's

[15:06] not going to be any immediate change to doesn't appear. So the retirement pensions being paid.

[15:14] And it doesn't appear that there's going to be any immediate change to the health benefits.

[15:19] But that could change as we get closer to dealing with a penalty plan and the decision whether or not to adopt a penalty plan.

[15:26] But just to make sure, let me check with the city manager to make sure that

[15:29] The pre-pandons are planned and have some language that might compromise those retiree health insurance benefits.

[15:39] There was nothing in the pre-pandons the plan.

[15:42] And this is a journey to cover the primary benefits that we perceive the most inquiries about.

[15:46] I think some of those inquiries are coming from the fact that in order to continue to meet our obligations,

[15:52] not only make payroll but also make sure employees have the resources and tools to at least provide basic levels of service in our community.

[15:57] There have been purge payments that we have not made and I'll go through those actually during my remarks and so I think that may be generating some of the concern with what will happen with Venice fits in the future

[16:07] Again because of that decision to defer those payments in addition to the pension obligation bonds, but we have deferred purge payments

[16:14] That's a very large month by monthly payment for us and so we deferred that to help us in meeting some of our other obligations

[16:22] They're getting letters from

[16:23] And the attorneys, that's why they're calling.

[16:28] I would also mention that retirees and employees have received the notifications, the written

[16:34] notifications, which the bankruptcy rules require, and they've all received that, which

[16:38] is a notification that the city has filed for chapter 9 proceeding, and they have a right

[16:44] to be involved in that process.

[16:47] Many of the employees and many of the retirees who contacted our office, so over 50 retirees

[16:53] alone we return calls to and we are providing information. Some of those people are represented

[17:01] by council through their bargaining units and some of them, some of the retirees, every

[17:07] tamed council and we always encourage people to go through their lawyers. However, the rules

[17:13] professional conduct of the state bar, permit litigants to contact attorneys who are public

[17:27] officials. And so we are returning the calls to give what information we can to the retirees

[17:35] and to the employees who call. You would be well advised to talk to your own attorneys

[17:44] is what we can tell you was limited but we do respond to those calls because we are allowed to do so as a public

[17:50] artist.

[17:51] Thank you very much.

[17:51] Thank you.

[17:52] I just am answering the measure.

[17:53] You don't have to give an update right now, but maybe at the next council meeting you can give

[17:57] the council update about negotiations and where we're at it with that.

[18:01] I actually do have an update today and I'll have a better information at the next

[18:05] council meeting but at least in update on where we are today.

[18:07] Thank you.

[18:08] Thank you.

[18:14] Thank you, Mayor.

[18:14] I wanted to alert residents that on Saturday, September 22nd, had our local Wells Fargo Banks.

[18:25] Here in our city, go to the one at Highland and Del Rosa, the one at Highland and Arrowhead,

[18:31] or the one here downtown Maine on 3rd Street. All of our Wells Fargo's are conducting a hands-on banking.

[18:40] money skills you need for life. I certainly could probably use this, but anyhow, this is for children, ideally for kids, available in English or Spanish, and it's from the hours of 4.30 to 6.30, occurred residents to take advantage of that opportunity. Also, we have a career fair coming to San Bernardino, and that is put on by our very own Sabida.

[19:04] I've been working with the director there for some time now since about December, January,

[19:11] and I'm very glad to see that we are having a career fair here in our town.

[19:15] We'll be at the National Orange Show, gate number 9, pre-admission, free parking,

[19:20] and that is on October 4th.

[19:22] I believe it's a Thursday from 9 a.m. to 2 p.m.

[19:26] It's a career in entrepreneurship fair, so I encourage all of our job seekers to get out there,

[19:32] Get the haircut, get your shoe shine, and get it going here with a good resume and close a deal.

[19:39] Also, I wanted a alert residence just in general.

[19:44] I was at a development and review committee meeting on Thursday.

[19:50] I want to alert our residents that there is a proposed expansion

[19:56] and at the corner of baseline and watermen on the southeast corner of

[20:01] more low-income housing.

[20:03] So, residents, please be aware of that.

[20:05] It is coming to this city and we need to put a stop to it.

[20:09] If you disagree with that implementation in plan,

[20:13] be on the lookout.

[20:14] I will be doing voter alerts and residents alerts of that.

[20:17] And my ward, I'm making sure that I reach out with my peers here on this council

[20:21] to ensure that we block any more encroachments of low-income or low-income density proposed

[20:33] build up in our city.

[20:36] And finally, this week I have a very active week in the ward.

[20:41] I want to alert my residents.

[20:43] You can have the cup of coffee with me.

[20:45] You can come out and meet me all week.

[20:48] I'll be out in the ward.

[20:51] I will have field days almost every afternoon and evening on Tuesday, September 18th at García

[20:57] Elementary.

[20:58] So that's tomorrow night, corner of Randall and Meridian.

[21:01] I will be at García Elementary on Wednesday, night at 630.

[21:05] I will be at Kelly Elementary at the corner of Meridian in Poplar on Wednesday, September

[21:14] 19th.

[21:14] Thursday, night's family night.

[21:16] So, Friday, September 21st, at the Sierra Vista Baptist Church, at the 2300

[21:22] a block of North Rancho. I'll be there at 630. And then also on Saturdays,

[21:27] September 22nd, at Oasis Poms, Mobile Home Park at 201 South Pennsylvania.

[21:32] I will be there at 9 a.m. The topic of discussion is issues in our ward. I want to alert you

[21:38] to some of the issues going on with what I have to deal with here at this Council Dias, including

[21:44] budget issues and fire and police and safety for our residents in the third

[21:49] ward. I want to meet you please come out and this will cap a good six months of

[21:54] maybe in sworn in and trying to be available to the residents in my ward.

[21:59] Thank you, Mayor. Thank you very much, Mr. Sherret. Thank you, Mayor. I too want to

[22:03] join Mr. Jenkins and congratulate the convention and visitors bureau that finally

[22:09] pulled that thing together under some very, very difficult circumstances and

[22:13] Obviously, difficult financial circumstances was the 23rd of the 21st of his or 23rd annual, I believe, 23rd, so it's important that we have a 24th, and I think we proved this year how the community coming together and working together can make pull something like that off and so hopefully now we've got a year to get ourselves back on track and maybe still pull that thing together and have a 24th annual boot 66.

[22:43] I was down here.

[22:45] Sorry, night, I thought Jim Morrison had a reason from the dead, the doors.

[22:50] They played a band played over a corchery square that I would have sworn it was Jim Morrison

[22:57] and the doors.

[22:58] They played for two solid hours and it was great.

[23:00] So anyway, congratulations, everybody.

[23:02] It was a good time, fun had by one and all.

[23:05] Then I want to announce the Del Rosa neighborhood action group, better known as Dr.

[23:13] Nang.

[23:13] They will have their regular scheduled meeting this Thursday, September 27th at 7 p.m.

[23:20] It's at the native sense of the Golden West, and that is the 2701 Del Rosa at the corner

[23:27] of date and date place and Del Rosa.

[23:30] Thursday night's speakers are at least scheduled to be Assistant County Sheriff Ron

[23:39] Cochrane and Deputy Chief Scott Mesa. They will be discussing Assembly Bill 109.

[23:47] That's the State's Public Safety Realignment Program and the early relish release of the prisoners

[23:54] that are coming back into our communities. Good time to be there and learn something and

[23:59] see how the sheriff's department's going to be dealing with, again that's, this Thursday,

[24:04] September 20th, 7 p.m. at the native son's, the corner of date place, and Del Rose

[24:10] Avenue.

[24:10] Thank you, Mayor.

[24:11] Thank you very much.

[24:14] Senator tonight, of course, we square when we had that cover band that looked like, sounded

[24:21] like, played like the doors.

[24:23] There were thousands of people crowded probably 30 deep all around the square.

[24:30] I think they all thought that Jim Morrison had come back to life.

[24:34] Thank you.

[24:39] Tonight I wanted to do a little bit of housekeeping.

[24:42] And I know that there was an incident out on the University Parkway that perhaps maybe our parks director

[24:48] of City Manager, can share with all that we have been discussing at length for months, if

[24:54] not a year and a half, about the conditions of our landscape maintenance districts and on

[24:59] university parkway with this incredible heat that we've had, it just seems that the entire

[25:05] stretch is dead, and I know that there's probably an explanation, can someone provide that

[25:09] force?

[25:10] Sure, and I appreciate you bringing that to our attention this afternoon or before the

[25:14] Council being a solar park instructor to have a chance to check with this staff and he is

[25:17] able to provide an update?

[25:20] All right.

[25:20] Thanks, Councilman.

[25:21] We were able to pull up on the issues surrounding the mediums over at University, but

[25:26] we can have to go there as a traffic accident, which actually did some damage, called some

[25:31] electrical outages as well as damage to the timer.

[25:34] Staff all last week have been working on some repair issues, and they pretty much indicated

[25:40] that they'll be ready to go with repairs, final repairs tomorrow morning, so we can get some

[25:44] water back to the area.

[25:46] That's excellent news. Thank you very much and keep up the good work. The

[25:50] in addition to that housekeeping item regarding our landscape maintenance

[25:54] districts, I know that I'm looking forward to hearing from our code enforcement

[25:58] department regarding how we're doing with those multiple classes that I have been

[26:03] talking about for several months now regarding the general

[26:07] appearance and condition of them. So looking forward for that report so we can

[26:11] with the residents and hopefully we can receive that soon. Thank you. Thank you very much.

[26:18] Mr. Van Johnson. Thank you, Mayor. Thursday, September 20th, the ballot rehabilitation hospital

[26:24] will celebrate their 40th year anniversary in service to our community. The celebration will take

[26:31] place at 1760 with 16th Street starting at 4 o'clock in the year. On Saturday, September 22nd,

[26:39] The Boys and Girls Club will present Black College Fair Day at 11.80 West 9th Street, from 11.00 AM to 4.00 PM.

[26:48] Come out and meet Black College representative, students, and alumni, and learn about historic,

[26:53] free Black colleges, and universities. Also find out about how to attend a Black College Tour.

[27:00] Prices will be awarded throughout the day. On Wednesday, September 26th at 6.30 PM,

[27:06] the terrorist west neighborhood association with hold their meeting at nickel-cent community

[27:11] center, 2750 west second street.

[27:15] On Thursday, September 27th at 6 o'clock in the Mount Vernon neighborhood cluster association

[27:20] with hold their meeting at valid rehabilitation center.

[27:23] Thank you, Mayor.

[27:24] Thank you very much.

[27:25] Thank you, Mayor.

[27:27] Thank you, Mayor.

[27:28] I also want to thank the hundreds and hundreds of volunteers who give their time and talents all

[27:34] long to planning and then helping to run Route 66 for many years the volunteers have been

[27:42] the backbone of that organization. I am hoping that the Convention and Visitors Bureau

[27:47] is starting as of today hopefully in their briefing and the recap as to how to make Route 66

[27:55] a self-sufficient event because in years past that's what it was a self-sufficient event.

[28:01] And obviously public funding is scarce, and I know that if they start planning today, they

[28:08] can make that happen in downtown San Bernardino next year, hopefully at the same time with

[28:14] the same crowd, the same success, and the same participants.

[28:19] I want to mention community builders' neighborhood watch group meets every first Wednesday

[28:25] of the month.

[28:26] They need at the first Congressional Church at the Northeast corner of Sierra

[28:30] Way and 30th Street, and I've had a lot of calls recently.

[28:34] How to start up a neighborhood watch group.

[28:38] Frank Guzman is my police commissioner, but he's also an excellent neighborhood watch

[28:43] a group organizer, and he's done so all over town, he doesn't charge a dime, maybe he should,

[28:49] but he doesn't, and he's very successful at it, so if you would like to have more information

[28:55] about how to start a neighborhood watch for your group.

[28:58] The community builders neighborhood watch group would love to have you be in attendance at their meetings.

[29:03] It starts typically at I believe 630 PM and they will be glad to help you get one started.

[29:11] I also wanted to offer up the set of condolences from Mayor and Common Council and everyone here at City Hall to Sharon Gray.

[29:22] Andy Gray passed away at St. Bernardine's hospital on Tuesday's September

[29:28] element. He was born at St. Bernardine's in 1948. He lived through all of his

[29:34] life. He was married to his wife. I think I heard her say for 49 years, which is

[29:42] the feet in and of itself. Andy was passionate about music and life, and it

[29:48] inspired him to the very end, he was born again Christian and felt very strongly about

[29:55] his faith, and he believed it or not back in the late 60s as a

[30:00] A very young man was instrumental in bringing some of the famous acts of the swing auditorium. One of them I heard mentioned was Jackson 5 and there were some others I didn't get, I couldn't make notes fast enough, but I will tell you that he was a musical actor producer at the very young age of, if I remember correctly, 17 years of age, and to the great family who still lives on Arrowhead Avenue, Andy will be greatly missed.

[30:30] for his service to this community, Sharon Wheat, we are thinking about you.

[30:37] Since 1984, as far back as I can track, which was the memorial, the memorial's birth

[30:45] of fallen firefighters, 154 firefighters have been honored at an event in Colorado Springs,

[30:54] Colorado, and the last event was on Saturday, this past Saturday,

[31:02] and at that event was

[31:05] being, was honored one of our own fallen firefighters. This is Get Presby. I ran into Mrs.

[31:15] Presby. I thought it was important to let her know how grateful we are to her family for offering

[31:21] up your husband, in his service to this community. I'll read you just a very short,

[31:27] synopsis, very short about Dave Presky. He was a valued firefighter, strong family man.

[31:33] He served San Bernardino fire department for over 29 years and was known for his hard work,

[31:39] organization, sharp intelligence and attention to detail. He had a passion to teach young

[31:44] people about the fire service and the importance of becoming trustworthy and responsible adults.

[31:48] He loves spending time with his family and friends.

[31:51] He enjoyed golfing, hiking, camping, snow skiing, and cruising on his motorcycle.

[31:56] And his life was cut short, unfortunately,

[31:59] from complications of job-related, the suffigial cancer.

[32:06] I want to give you a couple of facts since the event just happened this past weekend.

[32:11] Mrs. Creskey called me and said,

[32:14] I was at the event. It was wonderful.

[32:16] I want you to know that my husband's memory was honored in a very wonderful way

[32:20] which it was, but those 154 firefighters that were honored nationally did not include those

[32:32] lost in 9-11, according to the research that I've done.

[32:38] Or any loss due to any of the complications from fighting the fire or rescuing from the

[32:49] in the past three and a half years. Many due to throat cancer and other firefighting complications,

[32:57] or at least on-set illnesses. Approximately 76% of the 154 firefighters lost their lives

[33:05] before the age of 55. This is Kreski. Thank you very much. I greatly appreciate you being here.

[33:12] Dave's memory will never be forgotten.

[33:15] I for one was grateful to know of his service to this community and he was a very well-respected

[33:21] firefighter.

[33:21] Thank you very much.

[33:31] Thank you, Councilmember.

[33:32] I have a mechanic.

[33:32] Is it on?

[33:33] Yes, it is.

[33:34] I also want to give a thanks to the fire department for honoring my husband this weekend and in

[33:41] the past of the couple events.

[33:43] I appreciate it so much and you've also supported our family, myself and our family so much

[33:48] last year and I appreciate it. Thank you. We're honored.

[34:01] Thank you, Mayor. Thank you.

[34:03] Mr. Pemba.

[34:08] I'm sorry.

[34:11] Sorry about that. I would be neglectful if I did not mention

[34:14] that legal aid societies as Samordans, you know, is celebrating 50 years helping those in need

[34:19] obtain justice. And it is an RSPP event. If you need more information, it is being held on Thursday,

[34:27] September 27th at 530 p.m. It is invitation only. So the phone number to call is 663-4015

[34:37] to see if you can help in any way other than attending including donations. The legal

[34:42] aid society of San Bernardino has been very instrumental in helping grandparents and other

[34:48] relatives, non-parents, get guardianship of children whose parents have had unfortunate circumstances,

[34:55] get them the guardianship that they need to get the proper education, the proper medical care, and in

[35:00] some cases spousal abuse victims getting the restraining orders that they need preventing them from

[35:07] additional spousal abuse. So I am grateful to the Legal Aid Society for the work that they do in this community,

[35:13] and anything that the community can do to support them and help them, they would be extremely

[35:17] and internally grateful. Thank you, Matt.

[35:19] Thank you very much.

[35:20] I was dependent on any comments.

[35:24] Yes, sir.

[35:24] I just want to mention that the Fortress Accord of Appeals in the Solace Council meeting received

[35:33] a decision on the closure of some of the marijuana dispensaries in Riverside and Samuel

[35:41] County.

[35:42] Those were cases that started before the case was taken by the California Supreme Court.

[35:49] So they don't have an immediate impact.

[35:53] However, the appellate court interestingly chose to make their decisions despite the fact that the issue that was involved

[36:03] is still pending before the Supreme Court.

[36:06] So, using the flassey, if there's enough of the pellet cord, it's good enough for the city of San Bernardino,

[36:12] we are putting together requests for injunctions on all of the marijuana dispensaries of the city,

[36:22] which we intend to file.

[36:24] We anticipate, however, that the trial courts will stay those cases without acting on them until after the California Supreme Court

[36:34] as made its decision in the upland case, which is pending at the Supreme Court.

[36:44] Once the decision on the California Supreme Court is made, if it is on the side

[36:48] of the cities, we will be ready to proceed in court with those injunctions.

[36:56] But don't get your hopes up, those of you who want the place is closed immediately because

[37:01] That barring the outside law enforcement agency coming in outside of the state of California and acting, we don't have the authority to close them down right now.

[37:13] Mr. Wood, thank you very much.

[37:14] Just one quick question.

[37:16] Will they be going after the operator for the property owners or both?

[37:20] No matter what comes down from, I mean, that's what's being educated in the Supreme Court.

[37:27] We would be seeking an injunction against

[37:30] not one of the operator of the property.

[37:34] The operator of the business almost all of which

[37:37] probably all of them are located on private property

[37:39] being leased, but also the property owners.

[37:43] Because if the property owners are willing to lease

[37:45] their property to people to run marijuana

[37:50] dispensaries, shutting one down,

[37:53] might only result in another movie

[37:54] the end of the same property. So we're going after both. Thank you. You're welcome. Thank you very much.

[38:01] Madam City Manager. Thank you, Mr. Mayor, Mr. Council. A couple of weeks ago I did provide to you a report on the

[38:08] city's cash flow position. I plan to provide that at every council meeting and then also not only provide that

[38:13] written form to the council, but we'll begin posting this on the city's website and I actually had intended to do that

[38:19] and apologize it was not there. So residents can't look forward to that being on the website so they can see

[38:23] least every other week and we're working to try to get that done on a weekly basis.

[38:27] On September 13th, 2012, the Cs overall cash was $18.5 million, and the Cs general

[38:33] fund negative cash balance with $17.4 million, this does represent an increasing cash

[38:38] from July 31st, 2012.

[38:40] This is primarily due to the deferral of currently due obligations, which total about $18.5

[38:46] million, including payments that are due to bondholders, or cow purse payments, payments

[38:52] Unfortunately to our trade vendors, people who are providing goods and services to the city,

[38:57] our prior litigation costs, and then employee leave bank cashouts.

[39:02] This deferral of expenses that have indicated before has been necessary in order for us to

[39:06] be able to meet our more basic needs.

[39:10] We have began working with all of our employee groups.

[39:13] As the council is aware, there have been changes to civil service rules and changes to

[39:18] cash out balance payback systems, and we've had to go through the meeting for process on those.

[39:24] As we have begun those discussions, though, we have had a chance to meet with three of

[39:29] the bargaining units, one declines to meet, two did not request to meet, and we have one

[39:33] currently scheduled.

[39:34] But as we've had those discussions, I have been some issues that have been raised that we

[39:38] will be providing further clarification to the groups, so that as we begin to negotiate

[39:42] changes to our compensation packages, they have better information than maybe they felt

[39:46] they've had in the past. As the council heard from the city attorney a few moments ago,

[39:52] our employees, retirees and creditors, have received the required notices of the city's

[39:56] filed bankruptcy, and certainly that has increased an only call volume in the city attorney's

[40:01] office. I'm well sure, well aware of the call increased to the council office, to the city

[40:07] managers office and various others, because that has led to a significant number of questions,

[40:11] but those notices are required and have been made in compliance with the law. And

[40:16] are really intended to notify those individuals

[40:18] at the bankruptcy process.

[40:20] We do have a negotiator on board.

[40:24] She has started.

[40:25] She's starting going through the voluminous records

[40:27] and things.

[40:28] I did receive a request for a copy of all of our pay steps

[40:31] from the City Council.

[40:32] I'll provide that to everyone.

[40:33] Because there have been a whole series of questions raised

[40:36] about the way concessions have been taken

[40:39] from the different sides of the paycheck.

[40:41] And so we're attempting to get that information

[40:43] and because many of the bargaining groups

[40:44] have indicated that that would be important to them

[40:46] to understand what the different impacts of into the groups and I think it's critical for

[40:49] the Council's whereal as well.

[40:51] So the negotiators assisting our finance people and putting that together so the Council has

[40:55] that, but more importantly, our bargaining groups have that and again, I think that will help

[40:59] with the discussions as we move forward.

[41:01] As you can imagine, the number of public requests to the Clerk's Office, the City Attorney's

[41:06] Office and the various departments of the city has increased dramatically as people are attempting

[41:11] to gain information as they can respond to their concerns related to the bankruptcy.

[41:15] I believe that we've had 170 public records after a question to July 1st of 2012, and this

[41:22] is compared to 380 in the prior year, so for the whole year, so I'm sure that this

[41:27] is due in part to the bankruptcy and the fact that people have a need for increased information.

[41:32] I'm civil service, based on the Council's action a week ago, civil services focused on

[41:37] processing the layoffs, certainly that has led to a whole host of questions from our employees

[41:41] about their specific rights, where tempting to respond to those as quickly as possible.

[41:45] And are also trying to assist employees with very services related to out placements.

[41:50] Sabita has been a tremendous assistance to us in providing information to employees and

[41:54] we're hoping that EDD and other agencies can provide greater assistance to our employees in

[41:59] the future.

[41:59] We have invited them to meetings and we'll continue to hold their feet to the fire and it

[42:03] gets important that they're there to help our employees understand what their benefit

[42:06] opportunities are. As the Council is aware, we have a whole host of grantors, state

[42:12] parks department and CDBG, both federal and state grantors that have asked questions to determine

[42:18] whether or not our grant funds are being utilized in accordance with the law. Some of this

[42:22] is related to the use of some of the restricted funds. Some of this is just their concerns about

[42:27] the fact that we filed bankruptcy. We're attempting to respond to those as expeditions

[42:31] as we can, but they do require tremendous amount of work and follow up and we want to make

[42:35] I'm sure that all the money that's owed to the City Sound Museum, we maintain because that will help us as we begin to recover through the bankruptcy process.

[42:43] As the Council is aware, we have supplies and things that have been exhausted.

[42:47] We're attempting to replenish those so that our employees can respond to basic services.

[42:52] But again, we have many, many trade vendors that have not been paid, and so we're attempting to work through that with them.

[42:57] So they continue to provide materials and supplies to us during this process.

[43:01] Again, this will be provided in written form, but I wanted to give you a verbal update, I know there have been many questions.

[43:07] Is the city form the employee form?

[43:10] Is that strictly for the employees and their union representation?

[43:14] Yeah, apparently we did have some individuals that were really not our intended guests there.

[43:19] We really wanted it to be for the employees, their union representatives, so we could assist them in the layoff process.

[43:24] really each person's bumping rights are very individualized and so we're not prepared

[43:29] for those meetings to answer those specific questions but really provide them information

[43:32] on the very resources that are available to them, you know, like unemployment insurance,

[43:37] work force, development opportunities through Sabita, resume building, techniques and things

[43:41] like that.

[43:42] And you have another one coming up pretty good.

[43:43] Yes, we're trying to do those at least once a week so that employees have an opportunity

[43:47] to come multiple times and get information from all sorts of groups that we've tried to bring

[43:52] together to be of assistance to our employees.

[43:54] And I hope that the next one will make sure that the employees have their opportunity

[44:00] to express in confidentiality as well as with their union representation, so just to get

[44:06] out there in the meeting and all that good stuff.

[44:07] Yeah, apparently we had other individuals, and so I think we, you know, we were trying to be

[44:12] sensitive to letting everyone come in, but I think we need to be careful that, and we don't

[44:16] want to exclude anyone so that we're attempting to not be transparent, but we do need

[44:19] make sure that it's a place where employees can express their concerns and a safe manner

[44:24] and have those responded to and not have any kind of restricted dialogue because of the

[44:30] audience.

[44:31] Thank you.

[44:31] Thank you very much.

[44:32] Mr. Cameron?

[44:33] Question?

[44:35] First, but then I'd like to ask a question.

[44:39] Mr. Miller, when do you anticipate presenting before the common council, the findings of the CBDG

[44:47] audit?

[44:49] If you will recall, I think I reported the last time, CBG did their initial survey audit.

[44:54] They've indicated to us that they anticipate being here for several months longer.

[44:58] So we will have the preliminary results.

[45:00] But they still anticipate that that will be several weeks out. So as soon as those come in, I will afford them to the council and we'll prepare a public presentation on it, but you'll receive those as soon as they come to us. And actually, I think, and I would defer to Brandon on us, I believe they actually go to the directly to the members of the mayor in the mayor in the common council.

[45:17] Okay. Well, I'm convening a CBDG at hot committee meeting, and so we'll kind of, I'd like to address that issue in the hot committee.

[45:27] Certainly I will ask Brandon to be prepared there are things that they have discussed with him so that we have you know heads up on issues

[45:33] So he will at least bring those to you and then again as soon as the written reporters prepare he'll be there to answer those one last question on on the cash flow

[45:41] Numbers are you providing that in written format to us?

[45:44] Yeah, yes, I want to give it to you verbally tonight and then it will be in your office this afternoon and then post it on the website

[45:50] We're Kevin. Thank you, Andrew, and that a lot of what you've just

[45:55] given us verbally are listed or answers to questions that I've got for several agenda items

[46:02] good. But I feel like I really need to have that right now. It may very well be in your office

[46:09] and so I'm hoping that someone's listening. Can you can you check hard because I think it was

[46:14] distributed? Can you show what it looks like so you know what he's looking for? It's like this.

[46:19] Because, that's actually some of that information, like specifically to an agenda item, that it's important if I know that in advance we can save a lot of time.

[46:32] And while Jorge is getting that, I will also ask the staff just to go and get the copies, because again they were making final edits to this and I literally brought down a rough eye.

[46:39] I don't care about the typos, okay?

[46:42] I'm more concerned about the substance, thank you, Mayor.

[46:43] Thank you very much, anything else?

[46:45] No, sir, thank you.

[46:47] Thank you, Ms. Ham.

[46:49] Anything to report?

[46:50] Thank you very much.

[46:51] All right.

[46:51] Let's turn them from our reporting from Council Mayor and staff to our consent calendar.

[46:59] We have items five A through D.

[47:02] The forest has consent matters.

[47:06] Other A members of the council wish to pull in the items on the consent calendar A through D.

[47:15] And move to proof of the balance if there are none others.

[47:18] How do we have P, C and D then?

[47:25] Okay, so I approve my day.

[47:27] Please come to me by day.

[47:33] I vote.

[47:34] I'll leave you a poll, D and Mr. Jink.

[47:36] Mr. Shared, poll, D and C.

[47:44] All right, I mean the single item before us on the consent agenda.

[47:50] You're both pleased.

[47:51] So I have bankruptcy changes, thanks.

[48:08] Thank you very much.

[48:09] Moving on to the full items.

[48:12] 5B.

[48:13] This is the ordinance of the mayor and council.

[48:15] Adding section 3.05.05.

[48:19] To the municipal code, we're going to transfer in restricted funds.

[48:23] Without approval.

[48:26] And this is a final reading of this particular resolution.

[48:32] Mr. Schurett.

[48:33] My question really is just, I understand what's going on here.

[48:37] I don't not support the item, but I think I've always been concerned a couple of

[48:43] I'm not originally asking you how to get impact the matter running the city.

[48:54] We have laws that don't allow you to take this without being attacked with a certain period of time,

[48:59] and I certainly didn't want anyone following those.

[49:03] But it's my understanding that you use these or cities do commonly use these,

[49:09] so help with cash flow issues.

[49:11] So, that's all my concern is if you can tell me that there's only impact that your ability or for future city managers ability to operate under maybe some difficult cash flow times, because cash doesn't come in and not always enough to do what we need to do, you tell me that.

[49:33] That's okay with you. I can support otherwise I really can't. So I think it's the tool that you can do.

[49:40] I think for my purposes, given the fact that we have an $18 million general fund deficit that

[49:46] has to be solved, I think this council is aware that I really am not in a position not

[49:50] to use those funds and I'm trying to report, I'm as openly to you and that's why I'm given

[49:54] you by weekly reports both verbally and in writing.

[49:58] So from my perspective today, it really doesn't affect anything.

[50:01] As we move into the future in this city is fully solved and there will be time periods where

[50:06] employees are in an in need and it's typically during those first few months of the fiscal year to

[50:12] utilize restricted funds for cash flow purposes. I would anticipate that when this budget

[50:18] stabilize my preference and this has been my history managing cities for 20 somewhat years

[50:23] that I always provide a monthly report to this council on it would include all those types of

[50:28] restricted fund use and so I would anticipate that as long as someone's handling it that way

[50:32] then there shouldn't be an issue, but yes, it's common for cities to use that.

[50:37] And I think that you would have to have a very large reserve in order for a manager not to have to come back and request the authorization to do that.

[50:45] We're a ways away from a large reserve.

[50:46] We are very, because you need a reserve.

[50:48] Just based on our current financial situation, a reserve of 30 to 40 million dollars in order to never borrow from a restricted time.

[50:55] And so I guess maybe a legal question would be that we could always review this again at a later date.

[51:00] We found that we were back flush and we were just, you know, cash just flowing everywhere and then we wouldn't need to borrow any money.

[51:07] But, but again, I just like to have the opportunity or the ability for a manager to have the tools necessary to operate the business, sort of speak.

[51:16] So, I guess I can approve it today and maybe, you know, five years down the roadbloom, we're all fat and happy.

[51:22] We can maybe re-look at it.

[51:26] There's a motion in a second to your both place.

[51:39] Thank you very much.

[51:40] Moving on to item six, five, see.

[51:44] I must to share that.

[51:44] There's an ordinance.

[51:45] The mayor and council.

[51:47] Um, amending our development code in section 19.20.

[51:51] Point.

[51:52] Whole three of.

[51:53] To allow the use of barbed wire.

[51:55] Raise your wire.

[51:57] And.

[51:57] Constantine a wire.

[51:58] As approved.

[51:59] Fencing material in the city.

[52:01] This is the final reading of that particular.

[52:05] And I pull it really because I don't want to support it.

[52:08] I don't like the idea of having raise your wire and concentrate on wire and bar wire in our city.

[52:15] I just don't.

[52:15] It just is the wrong image.

[52:18] I understand the use of it, but I just wanted to go on record and pull it so that I just didn't approve it with the whole rest of the calendar.

[52:25] I just had to move the floor motion.

[52:26] The second.

[52:28] It is a motion by Kelly II, the second was in the chemistry.

[52:33] It's going to be this in a camera.

[52:34] There's a chemistry second in a comment by the seconder, was a chemistry.

[52:39] If I had had ways of wire on the roof of my building, I would not have had $20,000 worth

[52:46] of air conditioning store.

[52:50] And the real problem is is once the insurance makes it free investment, which of course

[52:55] not for the whole thing, and I, of course, have to replace those of our conditioners or

[53:01] my customers will not come in the door. If it had been stolen, again, I would have been out

[53:06] of luck. There are many circumstances where reservoirs of wiring constantly and wire can be used

[53:12] in a way that is not offensive and even somewhat camouflaged, and that is what we have attempted

[53:21] to do in our design, but people cannot state a fortestane business if they have to keep replacing

[53:28] capital equipment. And if this is the only way to prevent it, I am all in favor of it.

[53:35] So.

[53:35] All right. We have a motion in the second interview about the folks.

[53:48] Thank you very much.

[53:48] Moving on to the final item on our consent agenda 5b. This is the approval of the commercial

[53:54] checks and payroll checks and that's a well-davea, you pulled it, sir.

[53:59] Move to approve.

[53:59] Second, motion in a second, your votes on 5D please.

[54:11] Thank you very much.

[54:14] Moving to public hearings,

[54:18] we opened the meeting on item 6 and August 20th, and it was

[54:24] fullerable until today's agenda.

[54:28] Six A concerns a general plan amendment and a conditional use permit allowing the establishment

[54:33] of an auto dismantling and salvage yard with retail part sails on the south side of

[54:39] Wallmouth Street. We have had this report from staff before. Is there anyone in the audience

[54:44] pushing to speak on this item? And if so, would you please come forward and will place you

[54:50] under oath? Anybody wishing to speak on this item?

[55:15] Would you give us your full name, please sir?

[55:18] My name is Ricardo Valero. Mr. Delayou, would you please raise your right hand and take field?

[55:24] Do you solemnly affirm that the testimony you are about to give before this body will be the truth, the whole truth, and nothing but the truth?

[55:30] If so, please say I do.

[55:32] I do.

[55:32] Thank you.

[55:33] All right.

[55:34] We are here for the second meeting of this particular ordinance.

[55:38] So we've had presentations before.

[55:41] Witnesses here with additional materials to present Mr. Vallejo.

[55:47] So,

[55:50] yes, this is our project that we want to help to develop in a near future.

[56:00] We already own a auto salvage yard in San Bernardino.

[56:04] We've been here for five years now.

[56:08] I, as a businessman, been in the auto dismantling business for now close to 20 years.

[56:15] We have four auto-dismantling yards throughout Southern California and if this project goes

[56:24] through, this will be the biggest project for our company and it's ten acres that

[56:33] will want to develop on Walnut in San Bernardino and the reason I like San Bernardino

[56:40] because there's a central place for our business.

[56:45] And I think it's going to go well for our business.

[56:53] What we want to do, it's developing a self-service auto-wrecking and a full service auto-wrecking

[57:01] the same place, split five acres for cell service and five acres for full service yard.

[57:12] All right, there's the council and questions of Mr. Belaeho on the subject. Yes, Mr. Belaeho.

[57:20] Thank you, Mayor. This project is proposed to be in my ward and I do have a couple of

[57:26] and follow up, loose ends that I'd like to record and reflect here in the public record.

[57:35] Mr. Stewart, in my conversations with you regarding this project, there was several concerns

[57:40] for me as a Councilman, especially in the neighborhood area of Walnut and Muscott.

[57:46] Of particular interest for my residents was the drainage issues that are concerned to the area

[57:52] year by. Walnut and Muscott has a low point, if you want to call it, and the

[58:00] curve and gutter, and don't know all the technical terms, but in my

[58:05] conversations with you, you've reassured me that we will be addressing that

[58:10] feature. Can you for the public certification elucidate on what you have

[58:22] conversations staff has recommended a new condition of approval on number 25 which states that the applicant

[58:30] slash operator must submit a cash deposit of $25,000 into the storm drain construction fund for a future or

[58:38] capital improvement program project for CIP project to mitigate the existing drainage issues that must

[58:44] in lawless streets. Pause it, must have her prior to building from admissions.

[58:56] Well, I guess you're here. I'm not quite understanding, so I'm going to drill down a little bit further here.

[59:03] My conversation with you and staff was that this was going to be deposited almost like a bond feature,

[59:09] and that if we didn't perform the CIP and the process that this would potentially be refunded to Mr. Ray Haos at accurate, that's correct.

[59:19] I'd like for that record, if we can make sure that that is part of the condition that

[59:26] we, in staff discussion and conference, we discuss that it would be a one-year process.

[59:34] Is that correct, Mr. Stewart?

[59:37] We did discuss one year, that's correct.

[59:39] And so I'd like for the record here to reflect that this, if we do not perform as a city

[59:43] within one year on the agreements that you and I have made in conference, that this money

[59:48] is refunded to Mr. Vaehaw and Apple this sampling within one year.

[59:52] Secondly, on item number 25, the CIP project is rather vague.

[1:00:00] Construction Fund. You were to look in and seek the council and advice of the finance department. What were your

[1:00:08] findings there, Mr. Stewart? I will go ahead and refer to Gary Acres from our land development division.

[1:00:28] Gary Acres, community gland development, senior civil engineer with the city. We have discussed that particular

[1:00:34] account, the general account, if we put it under the community development, it's kind of a

[1:00:43] general account that can be lost.

[1:00:47] If you will, CIP project allows a specific CUP item so that it can be refunded directly.

[1:00:58] If you don't do it in that fashion, if we do it the way that we first described, there's an

[1:01:03] issue with it not being allocated to this project, so the city engineer has agreed that this would be the proper way to fund this, so that it could be refunded.

[1:01:13] Well, I guess my point of attention, Mr. Anchors, is that if knowing the past practices of this city is to somehow take a big grab and attack money in accounts,

[1:01:30] I want to ensure that Mr. Vejejo's money deposited in the storm-grained construction fund

[1:01:36] isn't somehow absorbed into some other project.

[1:01:39] Is there a guarantee?

[1:01:40] And that's kind of why I'm a little surprised that in our conversation and

[1:01:44] conference on the Wednesday and Thursday of this past week,

[1:01:48] I'm not seeing that here reflected.

[1:01:51] I don't know of any way that that can be allocated anymore directly

[1:01:55] than what we're proposing on this condition.

[1:01:59] But the city, if they choose to rob funds, I can't guarantee you that they won't rob funds.

[1:02:06] So, were you able to contact my understanding as your department was supposed to contact finance department?

[1:02:13] Is that accurate?

[1:02:13] Did you do that?

[1:02:15] But what we contacted was building safety department.

[1:02:18] There isn't a mechanism that we were made aware of from our finance section that allows any other method currently under the city procedures.

[1:02:26] Okay, well, when I left the table, Mr. Stewart, back to you, we kind of had a gentleman's

[1:02:34] handshake that that would be looked into.

[1:02:38] I'm not pleased that the construction fund is just so vague here, the $25,000 of hard-earned

[1:02:45] money from our businessman, Mr. Beho, is just somehow deposited and hoped to will that we,

[1:02:50] in one year, get a thousand or $25,000 back to him, and then all of a sudden there's no money

[1:02:55] in that account. So Madam City Manager, can you ensure that this $25,000 is appropriate

[1:03:02] and is special walnut, muskot, drainage, whatever account, but so that it's impounded and

[1:03:11] it's not touched. I certainly appreciate that. And also regarding some documents that I just

[1:03:20] received at 359 this afternoon.

[1:03:27] Was there any of this information provided in the

[1:03:28] back of Mr. Stewart? Or is this just new fresh revelation to this

[1:03:32] council? The memo that you gave to us, or I'm sorry, it's Mr. Lee Ann. None of this

[1:03:40] information is provided in back up correct?

[1:03:45] I'm sorry could you rephrase that. I'm not

[1:03:47] sure exactly what you're asking. The information that I just received about 20

[1:03:51] minutes ago about 25 pages thick. Is this somehow supplied in the back of material?

[1:03:59] Not in the original staff, of course, back of material.

[1:04:02] This is a couple of metal based on the meetings that we've been having with yourself

[1:04:07] and with this city of Colton.

[1:04:09] Okay, well paired starting today.

[1:04:11] Well, I'm going to suggest to my peers here.

[1:04:13] I understand Mr. Vejo, you want to get into planning commission hearing on September 26.

[1:04:19] It's incumbent upon our staff to really work with our businesses to get this, but I'm not comfortable.

[1:04:26] There's a lot of information here that's new revelation I believe that's not supplied here in the back of material.

[1:04:32] I'm not comfortable making a decision here and moving this forward.

[1:04:36] I understand that crunch in the deadline, Mr. Bello.

[1:04:40] But unfortunately, I'm going to ask my peers consider this to move to continue to the next meeting which would be October 1st.

[1:04:49] So, that's the motion that I'd like to make.

[1:04:52] I would second that.

[1:04:55] All right.

[1:04:55] We have a motion in the second to continue this item until our next regular scheduled council meeting

[1:05:01] on the first day of October.

[1:05:03] For the discussion comments by staff.

[1:05:08] Yes, Mr. Mayor and Council would you allow us to make a response to the council?

[1:05:14] If you're going to testify like in a raise your right hand, sir, and sir, it's for it.

[1:05:22] Do you solemnly affirm that the testimony you were about to give before this body will be the truth, the whole truth, and nothing but the truth.

[1:05:27] If so, please say I do.

[1:05:29] Yes, I do.

[1:05:30] Thank you.

[1:05:31] Who name please?

[1:05:32] Nelson Miller.

[1:05:33] I don't know.

[1:05:33] Vice President with Holy Wyrland 1500.

[1:05:36] Iowa Street and Riverside.

[1:05:38] We assisted Mr. Palayo in preparation of environmental documents for this project in a assisted

[1:05:44] the city and responding to the city of Colton. And I can well understand the Councilman's

[1:05:48] concern about the volume of material that you've received. But essentially, this material

[1:05:55] was responding to the city of Colton's comments regarding their concerns about the water

[1:06:01] well that is adjacent to this site. And they have requested assurances that their water quality

[1:06:08] will be protected. And so the volume of material that you've received is clarifications to

[1:06:15] the original initial study responding to the city of Colton's comments, further describing

[1:06:21] the water quality control measures that will be implemented with this project to assure the

[1:06:26] city of Colton, as well as the city of San Bernardino, that the water quality will be protected.

[1:06:32] So it is addressed in the initial study which you previously received and the planning commission

[1:06:37] did review and recommend approval of, however, it is additional clarification and commitments

[1:06:44] to the city of Colton that they will be copied on all of the reports that are generated

[1:06:51] with respect to water quality,

[1:06:55] that clarifying the measures that will be implemented in

[1:06:59] terms of oil separators to ensure that none of the oil gets into the water table.

[1:07:05] So that that's the nature of the materials you've received as you can understand.

[1:07:10] This has already been continued once because of the city of Colton and Mr. Baleo's anxious to move forward.

[1:07:15] But I just give back for your consideration.

[1:07:17] Thank you.

[1:07:19] Mr.

[1:07:19] Oh, baby.

[1:07:20] Mr. Miller, I appreciate what you just said respectfully on exhibit A of what was just handed to me 20 minutes ago.

[1:07:28] There's a transportation and traffic concern.

[1:07:30] There's a aesthetics concern on page 2 on page 3 of your final report here in your response to the city of Colton.

[1:07:38] You have more aesthetics concern.

[1:07:41] So I would contend with what you just presented to me.

[1:07:44] I understand that the importance of moving this forward.

[1:07:47] However, I still, again, would like to read this at my convenience.

[1:07:54] And, you know, this is not how we do business.

[1:08:00] This information, you had it several weeks ago,

[1:08:03] according to some of these letters.

[1:08:05] I wish that this information could have been introduced

[1:08:08] into our packet over the weekend.

[1:08:10] I do read my backup material.

[1:08:13] I almost try to memorize it.

[1:08:15] So I can know where to come with questions.

[1:08:20] Let's get back into the CUP, some of the conditions.

[1:08:23] I want to assure that on a residence in the nearby area,

[1:08:27] I have advocated for a traffic route that they go

[1:08:34] westerly on walnut, northerly on muskot, and then out onto

[1:08:39] Raiolto Avenue so that residents in the neighborhood of

[1:08:43] walnut and Mount Vernon are not disturbed.

[1:08:47] Also, what's very convenient for that, and that is number 10 on the

[1:08:57] for trucks, we'll take that suggested route here as part of conditions.

[1:09:04] Also, the pocket part, number eight, the private pocket part.

[1:09:08] I certainly appreciate Mr. Baejo and your cooperation in the area surrounding that.

[1:09:15] Really, I have personally visited with neighbors along that area and shared the good stuff that's coming to the area.

[1:09:23] So that's going to be open from the business hours that you operate your business, and that's

[1:09:29] a wonderful thing for the area.

[1:09:34] But again, my motion stands, I'm going to ask that we move this, and I fully have a second

[1:09:40] from Councilman Kelly, and I appreciate that.

[1:09:43] All right, we have a motion in the second, and for the discussion at the table.

[1:09:47] Yes, Mr. Johnson.

[1:09:49] Thank you.

[1:09:49] He mentioned the number 10.

[1:09:52] What type of compliance elements are in place to ensure that they travel with this ground?

[1:09:59] That's proposed.

[1:10:03] Well, basically it will be an honor system.

[1:10:06] We'll regard to that.

[1:10:10] And I encourage residents to contact this Councilman's office.

[1:10:15] If there's somehow increased traffic going the opposite way, I'll be sure as a part of their condition

[1:10:20] to make sure that this is enforced.

[1:10:25] I am supportive of the of my colleagues request to continue this item and I want to

[1:10:34] thank staff for their time on this and the applicant for their time here today.

[1:10:39] I know that at times it can be frustrating to move so close on a project and you have time

[1:10:44] tables and commitments you need to make so I recognize that and I appreciate your patience

[1:10:49] on it, I think that you're finding that working with the Council and the Council member from

[1:10:54] the ward that most of the issues can be resolved and we look forward to your project

[1:11:00] and the city.

[1:11:01] I don't think there's any opposition to the project itself, just some things.

[1:11:05] In the past, for some of the new staff that's here, I know that when State of Brethren

[1:11:11] started their facility out at the Formanort Nair Force Base, the First Ward Council member

[1:11:16] at that time, Esther Stroud, I was deeply concerned about the traffic routes of the commercial

[1:11:22] vehicles going to and from and they did work out very similar to what was being proposed

[1:11:27] here that we received shortly some short time ago regarding the traffic patterns. So I know

[1:11:36] that we can, I think with the council member support and the staff you can work out most of

[1:11:40] the issues, I will note that the retention base and I think is an excellent issue because

[1:11:46] As with or without the project, there is going to be still a drain of issues, so I think

[1:11:50] you are helping mitigate that, and I just wanted to share with you, sometimes things

[1:11:55] don't move as fast as we like in government, so be patient.

[1:11:58] And thank you.

[1:11:59] Thank you

[1:12:12] very much.

[1:12:13] Thank you very much.

[1:12:14] We'll see you back here.

[1:12:15] I'll cover the first.

[1:12:16] Thank you.

[1:12:21] Let's move in.

[1:12:22] That's the only public hearing we have on this afternoon's agenda, who moved out of

[1:12:26] 7, which is our continued items.

[1:12:30] Item 7A is a resolution authorized in the issuance of the purchase order, the Chase Financial

[1:12:35] Services for a four-year parking lease, the parking lot adjacent to our public safety

[1:12:41] center, our police department.

[1:12:44] Second.

[1:12:45] There's a motion in the second.

[1:12:48] If I can ask a fair five question.

[1:12:51] Mr. Jenkins.

[1:12:52] Thank you.

[1:12:52] I know at the last council meeting one of my colleagues talked about $40,000, $40,000, $40,000 and just to look at other ways where we run this kind of money.

[1:13:04] But I didn't see that in the back up. Is it in the back up?

[1:13:10] It is not in the back up, but he's going to speak about some of the other things there.

[1:13:15] So I'm going to be quiet much about the chief.

[1:13:18] So he's at the party and he's ready.

[1:13:21] However, we asked the city manager, no disrespect chief, we got your information and what

[1:13:26] you thought about it.

[1:13:28] My question was directed directly to you as to, were there any other options, could you

[1:13:34] make any other suggestions and I was waiting for a response from you for that?

[1:13:39] And I apologize, I did work with the police chief.

[1:13:41] He had been through a whole host of things before they presented this to the Council of those

[1:13:46] all reasonable because of the tight time frame here we can't think of anything that is

[1:13:51] doable within the very short time period but I recognize the concerns and we'll

[1:13:55] try to come up with something in the future but right now we didn't really come up with

[1:13:59] any quick alternatives.

[1:14:02] Okay, but we also asked questions similar and maybe the chief does have the answers in terms of

[1:14:06] how many vehicles we're talking about those kinds of things.

[1:14:09] And he did address those things and he can go through those again.

[1:14:12] So we attempted to answer all the questions.

[1:14:13] the one question unfortunately we couldn't really come up with another alternative quickly and

[1:14:18] up to address this problem but as we look forward into the future other alternatives to

[1:14:22] maybe shifts and things we will continue to do that and as properties become available but the

[1:14:27] least is for a year correct yes but it does have options to 30 day out yeah okay thank you and

[1:14:33] and again we see that maybe other opportunities coming available as we begin to dispose of some

[1:14:38] read about the properties we have and things like that.

[1:14:40] Okay. Thank you.

[1:14:43] There are a couple of things to address some of the questions that came up last time.

[1:14:47] We originally entered into the lease in 2008, and we originally entered into the lease.

[1:14:53] We agreed to make capital improvements in order to secure the lot and make it part of our lot.

[1:15:00] We received a donation from Mr. Brown, Jack Brown, gave us a donation. And we actually named that section of the parking lot after his mother, who is one of our longest serving reserve officers in history.

[1:15:15] That capital improvement money that was spent, we also agreed in the lease to remove it at the end of the lease. So if we want to renew now, then we have to take the fence down and restore it back to its normal condition.

[1:15:25] That's one of the concerns that I have.

[1:15:28] Another one is, I'll just give you the numbers of spaces.

[1:15:31] We have 370 spaces in our current lot that the city owns.

[1:15:36] We have 80 spaces that we gain from leasing the adjacent pot.

[1:15:41] We have 262 department vehicles assigned to us right now.

[1:15:48] Approximately 25 spaces are dedicated to our specialty vehicle fleet, and that includes

[1:15:54] like our command vehicle which looks like the bus, our SWAT vehicles, utility trailers and

[1:15:59] other things.

[1:16:00] So 25 of those spaces are taken up as well for a total of 287 spaces for department-owned

[1:16:06] vehicles.

[1:16:07] We have 438 employees, approximately that are assigned to the building.

[1:16:13] Basically, it leaves us with 450 total spaces including the lease and what the city owns.

[1:16:19] If you take out the 287 department owned vehicle spaces, that leaves us for the 163 spaces for the 438 employees.

[1:16:28] The way that works for us is our shift work.

[1:16:32] And whenever everybody comes and goes on over lap days, now it's particularly on Tuesday afternoon.

[1:16:36] We have a lot of difficulty with our employees parking even with those 450 spaces.

[1:16:44] So, we do need the space, we did try to look at some alternatives, and we looked at

[1:16:48] alternatives originally in 2008, and there were none that were feasible.

[1:16:52] The market was a lot different than it is today.

[1:16:57] Based on the security of the lot provides the convenience and how close it is to us.

[1:17:01] In the fact that we would have to restore it to its natural condition, there weren't a lot

[1:17:05] of options that were explored this time.

[1:17:07] And as a city manager indicated, it properly explored those options would take us a little

[1:17:10] bit more time.

[1:17:12] So, all recommendation is to approve it.

[1:17:15] Obviously that's what it was last time, but if not, we'll look for alternatives.

[1:17:20] We have a motion.

[1:17:21] Second, I have your votes, please.

[1:17:30] Thank you very much.

[1:17:31] I may or may, might I make this suggestion, and then Chief said something that's further

[1:17:35] another question, which was, we ran out of time to look for other options.

[1:17:40] We know these things are coming up.

[1:17:42] We know when they're expiring and at this point in time with money as short as as it is and we'll be probably for at least the next three to five years

[1:17:50] We need to look for other options long before the least expires so that we have done and not been back to the law situation

[1:17:57] I agree with you one of the things that the city clerk is working on is a master list of all agreements that the city has

[1:18:04] Which is difficult we apparently have agreements and all the various departments and things

[1:18:08] But trying to get it out of that master list.

[1:18:10] So we see the exploration dates and so with the department,

[1:18:12] it's not working on it.

[1:18:13] Then I can say we need to look at all turns related

[1:18:16] and have a much longer time frame in order to do that.

[1:18:18] You shouldn't be left to the department

[1:18:20] to bring these things up as they become aware of them.

[1:18:24] Thank you.

[1:18:25] Thank you very much.

[1:18:26] Thank you, Chief.

[1:18:27] We'll be in do staff reports.

[1:18:29] We've got the last, you know, the mayor in common council.

[1:18:35] It was a motion made.

[1:18:36] That was fast to go out for an RFP for at least seeing the public private partnership opportunities

[1:18:45] for our refuse operation.

[1:18:48] The motion included to report by the City Council, to the City Council, by the City Manager.

[1:18:55] On this date, for an RFP, no way to then talk with the first.

[1:19:00] Madam City Manager.

[1:19:03] Mr. Mayor, as the council is aware, you directed that we begin to work with the city's

[1:19:09] expert consultant, that we're in the process of retaining, and I believe that's a subsequent

[1:19:12] agenda item to assist with the development of the RFP. We have a whole series of questions.

[1:19:18] I believe that you have a list of issues that's been provided by the consultant that they are

[1:19:23] still working to address and are intent to present this to you by the October 1st meeting as

[1:19:28] agreed to. I believe the city attorney has prepared a draft RFP with some assistance from the city staff and certainly some discussions and he's prepared to address the request proposal that his office is prepared.

[1:19:43] All right, but this is not your proposal.

[1:19:46] We certainly have had conversations with them. He did prepare this agenda item. We have still some remaining things that we anticipate we would need to work through and those have been provided to the council.

[1:19:57] Are you referring to the 14 items of concern that were placed before us today by Sloan and Vesquez?

[1:20:07] Yes, and he did send those to us on Friday.

[1:20:09] I apologize that the Council did not receive those earlier, but yes, that is the list I'm referring to.

[1:20:13] We're continuing to collect the data that has been requested and certainly we're trying to expedite that.

[1:20:18] We've given the Council's desire to get this request from those out to the community as quickly as possible.

[1:20:23] Mr. Pinnon, you have placed on the agenda item 8A, which is substantial amount of documentation

[1:20:36] relative to historical practices in the city relative to trash and refugees, streams,

[1:20:45] and a set of

[1:20:50] proposed RFP survey.

[1:20:53] I want to address that.

[1:20:55] Yes, Your Honor.

[1:20:55] At the last meeting in the mayor and council, Mr. Kelly's motion was to return at this meeting

[1:21:02] with an RFP, the press for proposals drafted, so in communication with the city manager and

[1:21:10] in some consultation with the director and director of public works, we attempted to put

[1:21:16] together a request for proposal.

[1:21:18] Our efforts were somewhat hampered by the fact that information that we had requested from the public works department was not worth coming.

[1:21:28] However, we have the draft number four in the backup, which is not intended to be the final document that is intended to comply with the motion that approved by the Council.

[1:21:44] made by Mr. Kelly of the last meeting and we have been requested by some members of the Council

[1:21:58] have it proposed City Council response to the comments or recommendations by Sloan Baskers

[1:22:06] which has been passed out and distributed to the Mayor of Council.

[1:22:09] Before going further though, I want to read to the mayor and council, both the chartered

[1:22:17] section that is applicable and the California Public Resources Code Procreate section.

[1:22:26] In Article I section one of the powers of the city, charter provides that the city's

[1:22:31] San Bernardino may make an enforce all laws and regulations in respect to municipal affairs,

[1:22:36] Subject going to the restrictions and limitations provided in this charter, and in respect

[1:22:41] other matters it should be subject to general laws.

[1:22:44] There is no provision in the charter, nor in the requirement in the municipal code for service

[1:22:49] contracts, to be sent out for requests for proposals or for bids.

[1:22:58] However, since the charter refers to the general law, we look at the waste management provision,

[1:23:09] division 30, section 40,000 of the public resources code, and specifically section 405,9 issues for local determination.

[1:23:22] And this is fairly brief, and I'll read it to you.

[1:23:28] A, notwithstanding any other provision of law, each county, city, district, or other

[1:23:32] local government, and intelligence, you may determine all of the following.

[1:23:37] One, aspects of solid waste handling, which are of local concern, including but not limited

[1:23:41] to preconceived collection, means of collection and transportation, level of services,

[1:23:48] charges in fees and nature, location, and extent of providing solid waste, handling services.

[1:23:55] Two, and this is most your main two, this afternoon's discussion, whether the services

[1:24:02] are to be provided by means of non-exclusive franchise, contract, license, permit, or otherwise,

[1:24:09] either with or without competitive bidding, and I'll repeat that for emphasis because that's

[1:24:15] the question most frequently asked, either with or without competitive bidding, or if,

[1:24:20] in the opinion of its governing body, the public health safety and well-being so require

[1:24:26] by partially exclusive or wholly exclusive franchise contract license permit or otherwise,

[1:24:34] either with or without competitive bidding. So twice in that article was general law, which

[1:24:40] those applied to the city in this instance, says that the decision can be made either with

[1:24:45] or without competitive bidding, and also gives to the governing body, in this case, the

[1:24:49] mayor and council of the authority, to address this issue by partially exclusive or holy

[1:24:59] exclusive franchise contract license, permit or otherwise, either with or without competitive

[1:25:04] bidding.

[1:25:05] Going on and section B, nothing in this division modifies or abrogates in any manner, either

[1:25:10] the following. One.

[1:25:16] Oh, I'll wait here on there. I'm, I'm, I'm, I'm Council's Attention

[1:25:19] being distracted by some noise and movement in the back of the room. I believe, I believe

[1:25:24] we have our attention. Okay. Nothing in this division modifies or advocates in any manner

[1:25:30] either the following. One. Any franchise previously granted, or extended by any county or

[1:25:35] other local government agency, two. Any contract license or any permit to collect solid

[1:25:40] waste produced a granite or extended by a city-county or city-in-county.

[1:25:47] Although neither the charter nor state law requires that the city

[1:25:52] send out for bids or send out an RFP, it is the recommendation and was the

[1:25:59] recommendation of the city-count of the city attorney's office,

[1:26:03] that we send out an RFP and accept proposals, not bids, but proposals.

[1:26:09] And we did that primarily because of the city being in bankruptcy.

[1:26:17] And the mayor and council and their wisdom gave some directions to both the city manager and the city attorney

[1:26:25] as to what it was they were interested in primarily managed competition.

[1:26:31] and other matters that are in any proposed city council responses to Sloan Voskis.

[1:26:40] There is one other matter that I want to address that we became officially aware of last week,

[1:26:46] although we had suspected it for some time, and had been given information from former Refuge Department employees.

[1:26:55] The refuse fund is a restricted fund, and it is a fund that is not to be used for purposes

[1:27:07] other than refuse purposes, and it is a fund that is governed in our opinion by Proposition

[1:27:13] to 18.

[1:27:16] However, the refuse fund we were informed at the outset of the information discovery that led

[1:27:25] of the Bankruptcy Petition, the Refuge Fund, had been used to reimburse the city for certain

[1:27:39] expenditures from the General Fund.

[1:27:43] And the total amount of that money on an annual basis we were informed was, has been,

[1:27:52] and is, between $11 and $12 million per annum.

[1:27:57] In conversations with the city manager and looking back at the transfers of funds over the last many years,

[1:28:07] it's apparent that the refuse fund has been operating at a deficit.

[1:28:15] There are two factors.

[1:28:17] One is the collection rate that is charged to customers.

[1:28:22] The other is the fact that the Refuge Fund has, the

[1:28:32] fact that money from the Refuge Fund has been transferred to the General Fund to the tune of about 11 to 12 million dollars a year.

[1:28:41] How does this impact the agenda item before you?

[1:28:48] Again, in discussions with the city manager, I believe we've concluded and she can speak for herself as she disagrees with this statement.

[1:28:58] But I believe we've concluded that it would make no sense to outsource

[1:29:06] reviews from the city's perspective unless the city in the outsourcing

[1:29:14] or in the franchising was able to recoup that same $11 million.

[1:29:20] In other words, in order to make it worthwhile for the taxpayers to have refuse outsourced

[1:29:30] or to have refuse franchise out, whatever term you want to use to describe the process

[1:29:38] that we are going through, it would be a negative for the city if the city did not receive

[1:29:47] return that $11 million minimum and sometimes it's gone as high as 12 that the city's

[1:29:55] general fund has been receiving for many years.

[1:30:00] With that in mind, some changes were made to the request for proposals, and some of those are indicated

[1:30:12] in the proposed seat council responses, which I understood one of the council members was going

[1:30:19] to go into, and I would defer to them if they're not going to, and I will be glad to read it.

[1:30:24] I'm going to take the lead here as we engage in this conversation and indicate that we have received this plate morning from the city manager, a memorandum, and attached to that is a memorandum from Sloan Vaskers, a consulting firm that we've engaged to assist us in the development of the RSP for solid waste management.

[1:30:50] The pressure may or we haven't engaged in the impact.

[1:30:53] Let me read in this entirety, the memorandum from the city manager and the responsive memorandum from Sloan Vaskers.

[1:31:03] Mayor, the public should know that we didn't receive this.

[1:31:05] The Council Office didn't receive until 1220.

[1:31:08] Attached is a memorandum from Joe Sloan and the Ricky Vaskers of Sloan Vaskers, LLC.

[1:31:14] Sloan Vaskers LLC is a consulting firm, engaged to assist the city.

[1:31:18] in the preparation of the request for the proposals are at P.

[1:31:22] The first solid waste collection, the disposal services in Mr. Sloan, and Mr. Vesquez reviewed,

[1:31:27] and evaluated the draft RFP.

[1:31:28] That's the one that you see in your agenda item prepared largely by Mr. Pimman and his staff,

[1:31:34] which is included in the Sievings Agenda as item A,

[1:31:37] and identified provisions for further clarification.

[1:31:41] The purpose in providing clarity in the RFP is to ensure bidders have adequate information

[1:31:45] on the city's existing Refuge Collection System, including clients and account information,

[1:31:52] rates, tonnaged data, and leases to determine and dissipated operating costs.

[1:31:58] It is also necessary to identify the city's expectations related to the term of the agreement.

[1:32:03] The rates, additional costs and fees to be paid by the bidders, and service areas.

[1:32:08] This information will enable the bidders to provide.

[1:32:11] And I'm sorry, I have to interrupt you sir, you read something that isn't in the memorandum.

[1:32:15] And that is, you said it was prepared by Mr. Pendant and his staff, I don't see that in the memorandum.

[1:32:20] That was an editorial comment, which I think is.

[1:32:23] So you're not reading the memorandum sir, you read the memorandum.

[1:32:25] I just want the public to know that the mayor is not reading word for word from the memorandum.

[1:32:31] The draft RIP is the draft RIP large of the chupas in it to me on August 4th, and told me that day that if this did not go out the next day,

[1:32:40] that nothing we go forward serve.

[1:32:42] You already had an RFP prepared, apparently in consult with, I don't know, whom, but you

[1:32:48] had one.

[1:32:49] And why should we, what we have here is that CMARFP?

[1:32:51] No, sir.

[1:32:52] It is not my fault.

[1:32:53] It is not my fault.

[1:32:53] In any event, let me finish, please.

[1:32:56] Please do.

[1:32:56] This information will enable the better to provide the city with realistic proposals.

[1:33:00] On Mr. Sloan and Mr. Vescaz indicate, approximately four to six weeks would be needed

[1:33:05] together to that are required.

[1:33:06] The company recognizes a need to expedite this process in order to meet the Council's September

[1:33:13] 5th direction that the RFPB presented for approval at the October 1st 2012 meeting.

[1:33:19] It is recommended that the City Council, the Director of the City Manager, addressed

[1:33:22] the 14 points, raised in the memorandum provided by Sloan Vascals LLC, prior to the

[1:33:28] issue in the RFP.

[1:33:29] And this is the memorandum from Sloan Vascals, a subject review of the City's request

[1:33:33] for proposals.

[1:33:34] We have reviewed the current draft of the city's request for proposals for solid-wish collection,

[1:33:40] receiving processing transfer and disposal services that was prepared in response to the city council

[1:33:45] direction of the city manager, and city attorney during December 4th, 2012, council meeting.

[1:33:51] Point of order, Mayor. How do we have a memorandum from a company we have not yet hired?

[1:33:57] I'm going to finish. Mr. Chairman, can you give me a question?

[1:34:00] I'd like to know the answer.

[1:34:01] In addition, the latest version of the RFP, while it lightly moves the city toward outsourcing

[1:34:07] its waste management division, follows short of what is needed in order to attract

[1:34:11] the highest and best offers for the city's most valuable public asset.

[1:34:16] The RFP state of purpose is, quote, to attract experienced applicants, qualified to provide

[1:34:22] the city with the following exclusive solid waste services in quote.

[1:34:26] However, the RFP has drafted lives and important features that will make it impossible for qualified

[1:34:32] bidders to prepare and submit a bona fide proposal.

[1:34:36] To evaluate the draft RFP, we identified provisions in the RFP that were incomplete,

[1:34:42] contradictory or lacking clarity.

[1:34:44] In addition, we looked for standard provisions that are in RFP's for municipal solid-way

[1:34:50] services that are not included in the draft RFP as prepared.

[1:34:53] We base our assessment on 30 years of experience in municipal solid waste procurement processes in the state of California.

[1:35:00] 20 of those years were spent in private sector responding to municipal RFPs and for the past ten years,

[1:35:07] we've assisted municipal agencies with procurement processes to help them secure the best possible services

[1:35:13] and revenues from their municipal solid waste.

[1:35:16] In our opinion, it is important to include as much information as possible in the RFP concerning

[1:35:22] the city's operations, so that proposals have a basis for preparing a realistic, proposal

[1:35:29] based on specific information, realistically it will require four to six weeks together

[1:35:34] and include all the data and other information that should be included in the RFP.

[1:35:39] commentary on the provisions of the draft RFP 1. The RFP uses the phrase, quote, trial period

[1:35:46] lasting a number of years, to be negotiated in quote. In order for proposals to calculate

[1:35:52] the return on investment or payback, it is important for them to know the term of the agreement.

[1:35:57] If the RFP does not provide a term, it will be impossible to conduct an apples to apples

[1:36:02] comparison of proposals as they will range in a number of years proposed.

[1:36:08] Two, the RFP states that it contemplates providing a city into two solid waste collection

[1:36:14] zones.

[1:36:15] The RFP provides no indication of how to divide the city.

[1:36:19] Proposals cannot bid on an unknown service area, and without customer flash account and

[1:36:23] punished data for the service area, they have no idea of their operating cost.

[1:36:28] The mayor and council will review and select the most qualified responsible bidders for the project.

[1:36:35] The RFP does not provide an evaluation criteria.

[1:36:38] The evaluation criteria are important to establish a city's standard for evaluation and ranking of the proposals.

[1:36:45] For, ability to purchase and or assume any lease agreements.

[1:36:50] For all city-solid waste collections, vehicles and equipment.

[1:36:52] In order to respond with a bono fide proposal, the proposals that the proposals need, an equipment

[1:37:00] list describing the equipment type, make, model, year, and financial obligation in addition

[1:37:06] to the abstract, least data, actual copies of the leases must be provided.

[1:37:12] 5.

[1:37:13] Higher all qualified municipal solid wage to increase sweeping employees to include A, seniority,

[1:37:19] B wages, C benefits.

[1:37:20] This is a huge expense in order to commit to commit to it, proposes need to fully understand

[1:37:26] the obligation, is it just for the drivers or does it include every Department of

[1:37:30] Employee, a listing of employees to be hired, including their compensation and description

[1:37:35] of the required benefits should be provided.

[1:37:39] Pay a minimum monthly franchise fee of at least $750,000, set amount to increase proportionally

[1:37:47] within the increase in rates or increased recyclable profits.

[1:37:51] The ISWD generates about $24 million per year.

[1:37:56] A franchise C fee of $700,000 per month would equal $9 million per year,

[1:38:03] or a 37.5 percent of total revenues.

[1:38:07] Typically, franchise fees range from 5 to 15 percent,

[1:38:12] some are higher.

[1:38:13] If the service rates are not raised,

[1:38:14] It is unlikely that a company could be profitable after paying a $9,000,000 annual franchise fee.

[1:38:21] 7.

[1:38:23] Pay to city 50% of any money is recovered related to recyclables.

[1:38:28] The procedure for calculating the 50% needs to be clearly defined,

[1:38:33] needs to be clearly defined to avoid disagreements in the future.

[1:38:37] Is the 50% to be calculated based on the value of recyclable after processing cost?

[1:38:42] after residual materials have been deducted?

[1:38:46] 8.

[1:38:47] Implement the city's current collection service provider franchise fee program.

[1:38:53] Is this an addition to the $750,000 monthly requirement?

[1:38:57] This program needs to be explained so that the proposal understands what obligations it is committing to.

[1:39:04] 9. Ability to assume the city's current breaks schedule with no proposed increase for the period of the agreement.

[1:39:11] Since the term of the agreement has not been stated, the proposal does not know the time frame

[1:39:17] they are committing to, not increasing service fees.

[1:39:20] If the agreement is to be, for more than two years, it is unreasonable to expect that a

[1:39:24] proposal can commit to no written increases for longer periods of time.

[1:39:30] Seficient capacity and, quote, use rights in, quote, to a permitted materials recovered

[1:39:35] facility, MRF, able to receive all waste generated within city and look at it within 12

[1:39:42] mile radius of the city yards, which is a 234 South Mountain View Avenue. Qualified companies

[1:39:49] are located outside the 12 mile radius. 11. Please, if desired, portions of the city's corporate

[1:39:55] yards, slage, or garage base, and slage or fueling stations. Describes that is facilities

[1:40:03] are available for lease, i.e. truck parking, Ben's storage area, shop facilities, maintenance

[1:40:08] shop, offices, employee services area, restaurants, etc.

[1:40:13] 12. Insurance and bomb requirements. The RFP states an insurance requirement of a million dollars

[1:40:19] combined single limit and statutory workers compensation coverage. In standard RFP is a

[1:40:25] requirements range from 10 million to 20 million dollars. The bond amount should also be

[1:40:31] 13. Application applicants must clearly identify any exceptions to the proposal. This

[1:40:38] language usually refers to exceptions to the graph service contract, a which a graph

[1:40:45] is typically distributed along with the RFP. It is standard practice to distribute a

[1:40:51] graph service contract contemporaneously with the release of the RFP. This allows the

[1:40:57] proposals to understand the scope of services and other commitments

[1:41:00] expected by the city and affords the proposals and opportunity

[1:41:04] to state if they take in the exceptions to the proposed provisions.

[1:41:09] Releasing an RFP without a draft service contract,

[1:41:13] solicit a significant disadvantage in the final negotiation.

[1:41:18] 14 is selected applicants will be required to deposit and then

[1:41:23] no figure stated, deposit x amount with the city within 15 days of the war of the contract.

[1:41:30] It is unclear if this requirement is related to a bond or a signing fee, and either case,

[1:41:36] the amount should be stated.

[1:41:39] Those are the concerns identified by the experts who are working with us on this proposed RFP.

[1:41:47] Mr. Mayor?

[1:41:48] Yes, Mr. Kelly.

[1:41:50] Thank you very much for walking us all through that memo, and I know that when a

[1:41:58] attempt to answer the question that was raised, I believe we do have slum and Vazquez

[1:42:04] under contract currently with the city manager when it's about $25,000 a

[1:42:09] amount.

[1:42:10] We had discussed doing a contract under $25,000, but we realized that that would really

[1:42:15] only obtain us the services of development of the RFP.

[1:42:18] We think it's critical that we have them for the full implementation and negotiation of the contracts and things like that.

[1:42:24] So you do have an agenda item before you that would place a cap on that of $50,000.

[1:42:28] Sloan Vaskas did provide a initial contract to us again for under that $25,000 amount, but it was very limited in terms of its scope of what they could do.

[1:42:35] On another note that I just want to clarify,

[1:42:38] the company has been willing to assist us recognizing our financial situation.

[1:42:42] They actually reached out to us when they heard the city hit foul bankruptcy.

[1:42:45] I didn't think about it until the council started pursuing this as a potential alternative for us and

[1:42:52] Because of the short time frame we did reach out to them. They've attended some meetings for us really no cost just clarifying the understanding and things that nature

[1:43:00] And then if I could just clarify a couple of other things

[1:43:03] Information was requested from public words. This is information that our public work staff is very well aware would be needed for any kind of a request for proposal

[1:43:10] for currently in the process of collecting that data and providing it in the manner that is

[1:43:15] usable by the potential bidders because a lot of the data we collect really doesn't have

[1:43:19] any meaning unless you're used to our programs and things of that nature.

[1:43:22] And then with respect to the funding, it's been upwards of 11 million dollars that does include

[1:43:28] things that are truly legitimate cost related to the refuse operation, fuel and fleet and things

[1:43:33] like that.

[1:43:34] But there are some costs where we feel that we need to do a nexus analysis to determine

[1:43:38] whether or not that really is an appropriate use of refuse funding.

[1:43:42] So we're in the process of analyzing all those things now,

[1:43:44] but the $11 million includes even their

[1:43:47] proportional share of various costs, citywide.

[1:43:51] Thank you, Madam City Manager.

[1:43:55] First and foremost, what I have is a deep concern regarding our employees.

[1:43:59] And that's why I mentioned in the proposed language.

[1:44:04] And I know some will say that when we've already had this RFP

[1:44:08] work out, or it's already in mind before we went forward, you have to start somewhere, and

[1:44:13] you have to give direction the staff, and that's what I did, should include is what I said.

[1:44:18] And you've done pretty good job of kind of getting this where we thought we were going

[1:44:25] with the intent of what's before us now.

[1:44:29] But I do have concerns for the employees, really they're kind of in limbo right now.

[1:44:34] Are we going to do anything or we're not going to do anything?

[1:44:38] I would again say let's get this RFP out quickly.

[1:44:42] As soon as we get this RFP out, then they will know what is going to happen to them.

[1:44:47] Right now they just don't know.

[1:44:50] And the longer we delay, you know, it's a incredible burden that's on them.

[1:44:55] And I can speak from experience because I don't know what's going to happen in my private life after November.

[1:45:00] So I clearly understand the stress that's on them. However, I want to say that there were 14 recommended things. And I think we may have a way of resolving some of those issues.

[1:45:19] And I'll go through them one through 14, but mine will be very brief.

[1:45:26] And for those on the dias who have them unfortunately, those in the public without restating

[1:45:33] what the mayor has said regarding number item number one.

[1:45:36] And Mr. Kelly, they are on the website as well.

[1:45:39] Okay, thank you.

[1:45:40] On item number one, we can retain the phrase, trial period, last and a number of years to be negotiated.

[1:45:49] And if you're permit me to say at this point in time, the RFP proposal is a request for proposal.

[1:45:59] Once we go out with that, it is not the final agreement. The final agreement is done through the attorneys.

[1:46:07] And I know, and to a year, and attorney, so you understand that, you know, attorneys will go through those, line by line, all sides will go through, we could have multiple people answering the request for proposals, and it's the mayor and council and my colleagues, the council will ultimately determine what is acceptable in the agreement.

[1:46:33] So I want to make clear that this is only a request for proposal, there's a lot of negotiating that needs to be done in order to protect the city, our assets, and the employees.

[1:46:47] The, regarding number one, retain the phrase, trial period, lasted a number of years and that can be negotiated.

[1:46:54] And the Marin Common Council desires that the response to the RP proposed the length of the trial period

[1:47:00] and state their reasons for the proposed length of the trial period.

[1:47:04] They state it.

[1:47:07] Two, retain the language of the city contemplates dividing the city into two solid waste collections zones.

[1:47:14] And, add the words, the location of said zones to be proposed in the RFP response on

[1:47:25] out of number three.

[1:47:27] Noting that there is no legal requirement for competitive bidding for integrated waste

[1:47:33] management franchise and the public resource code 4059 which I believe the city attorney

[1:47:40] read in earlier, the Council members will use their best judgment and discretion in the review

[1:47:48] and evaluation of the proposals on the merit of each proposal.

[1:47:54] And there will be no ranking on the selection process.

[1:47:58] And we do that routinely.

[1:48:06] If you all permit me, I just want to make sure that we're got everyone's attention and

[1:48:11] sometimes there's chatter.

[1:48:18] Number four, the city manager to provide the equipment list and

[1:48:23] you indicated that you would do that. As previously requested of the public works department

[1:48:28] by the city attorney's office for inclusion in the RFP. Again, I think everybody's

[1:48:35] kind on the same page here. Number five, if the city manager to provide the list of employee

[1:48:43] positions as previously requested of the Public Works Department by the Attorney's Office to

[1:48:50] be included in the RFP. Now, I indicated early on collection from my first motion,

[1:49:01] mid-management,

[1:49:02] I included everybody. So I think that's something that we can do,

[1:49:08] which may include

[1:49:09] street sweeping

[1:49:12] out of number six. And this one I think that we should limit the franchise

[1:49:24] fee. What I mean is what we should be doing is we shouldn't have a dollar amount in there.

[1:49:30] Heck, maybe the dollar amount that's in this RFB is too low. We might want to get more. So,

[1:49:36] let's leave that open and leave that up to negotiations. Let's not, let's not sell

[1:49:41] of short,

[1:49:44] this no minimum franchise fee. That's all. I'll be worked out through the negotiation

[1:49:48] process. We don't know. Maybe it's under. Maybe it's more. We don't know. Number seven.

[1:49:59] Yeah, this

[1:50:00] is the 50% or correct contract formula, whichever is higher.

[1:50:07] And this addresses,

[1:50:15] this

[1:50:15] Number 8, to be negotiated, the Collection Service Provider Franchise V program, to be negotiated.

[1:50:26] Number 9, let's negotiate again at the current rate schedule.

[1:50:35] Number 10,

[1:50:38] to retain the 12-mile requirement in the MRF.

[1:50:44] in the murder and the radius that entire radius number 11

[1:50:53] the city manager to

[1:50:55] provide the list with descriptions of city facilities to the leases that we

[1:51:03] previously requested from the public works department for inclusion in the RFP

[1:51:12] and

[1:51:13] Mr. with me right madam city manager and at this addresses the concerns of

[1:51:19] professional that you brought in.

[1:51:23] If we could address insurance and bond requirements.

[1:51:26] I'm working my way down.

[1:51:29] 12 insurance requirement of $15 million.

[1:51:35] That's kind of the middle of where your professionals are talking.

[1:51:40] And that the bond amount be terminated by the city manager in the city attorney.

[1:51:46] Number 13.

[1:51:47] The bond by the way would be to cover one of those things the liability of the city.

[1:51:51] Certainly.

[1:51:52] Which are fair things that your acts were pointed out that are in here now, but I want to make sure that, as we, well as finish these last out here, if we would please.

[1:52:04] 13, and the contract will be negotiated with a successful provider and provide hours, because we don't know where we're going to end up at.

[1:52:16] and 14, which is for those who are following at home, if selected the applicant will be required to deposit within the city within 15 days of the award of the contract.

[1:52:31] Well, let that be determined as we go through the negotiation process by the city manager in the city attorney's office.

[1:52:37] At the end of the day, whatever RFP's go out, request for quotes, request for proposals, whatever

[1:52:47] we negotiate as a municipality, it is reviewed by the city attorney and the city manager's office.

[1:52:55] That was the direction.

[1:52:58] We got really close with the RFP we had that came forth.

[1:53:03] I think it was well done and thank you.

[1:53:06] Some issues and concerns were raised today, we're able to address those concerns and issues.

[1:53:13] And I'm going to share that I am extremely glad Mr. Mayor that you read these into the record on Sloan Vanskis.

[1:53:25] It it shareles to me and once again that you were serious about public private partnerships,

[1:53:31] as you indicated in your state of the city address, as you indicated here on the Dias.

[1:53:35] and that you're in support of the idea.

[1:53:41] I'm going to remind the council that ultimately it's going to come back to us.

[1:53:48] Tonight's action all we're doing is sending the request out.

[1:53:51] Maybe nobody replies.

[1:53:55] But we have talked at length about the WDA, the waste delivery agreement with the county.

[1:54:01] We have talked at length about the need for this city to look at.

[1:54:11] The revenue is coming in, and the expenditure is going out.

[1:54:16] This is an opportunity for us to just begin the process.

[1:54:22] Mindful by all, which is included in the RFP.

[1:54:26] Again, I address today, and I'm sure others will, of our employees.

[1:54:31] But we must look at opportunities with public private partnerships,

[1:54:37] or no one is going to be employed, and the services will not be provided to our residents.

[1:54:48] And I want to urge my colleagues tonight, just to support this, to go forward.

[1:54:56] We can't keep the employees in limbo, they don't know what's going on, they've got concerns,

[1:55:03] fears, the unknown, let's get the RP out on the street, so they know what's going to be

[1:55:11] happening so we can manage better. We know what we're going to be doing with our public

[1:55:18] private partnership opportunities that may or may not work out for us. But folks, what

[1:55:25] are we afraid of? What are we afraid of? Let's move forward and let the attorneys,

[1:55:34] city manager, and this consultant that we were able to address a lot of their concerns

[1:55:38] tonight. Get this worked out. I strongly urge that we move forward with this.

[1:55:46] Mr. Mayor. Thank you. I have a hand from Mr. McKamick and McGill too.

[1:55:52] Well, I'm not sure who got the hand.

[1:55:53] I asked you.

[1:55:54] Okay, then Mr. Sharet, and then.

[1:55:56] And then could you put me on the list, please, Mayor?

[1:55:59] Thank you, Mr. McKamick.

[1:56:02] Thank you. Mr. Kelly, thank you, Mr. Mayor. Thank you, Mr. Mayor.

[1:56:06] Thank you, Mr. McKamick.

[1:56:06] And for making sure that the Council based on the direction a meeting ago had some response

[1:56:15] because it's been difficult to get response to Council action, even to an affirmative

[1:56:22] vote of at least for people up here to see something actually come forward.

[1:56:28] I'm not blaming anybody.

[1:56:29] I'm just saying I am glad that some action at least came forward so we could open the discussion.

[1:56:34] I need to remind my colleagues and the city manager because in the front of your memo, you call

[1:56:42] these people bidders.

[1:56:44] These are proposals to a plan.

[1:56:48] They are not bidding yet, so I think that word needs to be corrected into the record.

[1:56:56] This council member, I want on the record, is not interested in selling the asset.

[1:57:00] The asset belongs to the taxpayer.

[1:57:04] I'm also not interested in seeing the employees get dwindled down by selling the asset, which

[1:57:12] is why I have on the agenda of the next agenda item, agenda item number 8B, which includes

[1:57:20] number 6, that no refuser sewer employees protected by civil service will be cut until we

[1:57:29] full accounting of how those monies have gone in and gone out and will get to that the next agenda item.

[1:57:37] But I am very concerned that the consultants is calling this bidding for services.

[1:57:49] And the mayor did read the first number one on their commentary, calling it apples to apples

[1:57:55] comparison of proposals,

[1:58:00] apples to apples to mean means

[1:58:04] when you go and buy apples, you say,

[1:58:08] I want this kind of apple, I want this many, I want this many for bushel, and I want to know

[1:58:17] what the cost is to deliver that bushel or those number of bushel, that's apples to apples.

[1:58:24] as opposed to I want to read delicious but you know what I'm willing to accept a golden

[1:58:30] golden delicious. That's a difference between apples and apples. This is not a product.

[1:58:37] This is a proposal and I want proposals to throw the kitchen sink at us. Maybe they say

[1:58:49] We don't want to franchise with you.

[1:58:53] Your enterprises doing such a wonderful job making so much money for the city

[1:58:58] it'd be foolish for you to do anything different.

[1:59:01] I want them to tell us, I am certainly not going to accept something

[1:59:06] that is not going to at least replace the revenues and services

[1:59:10] that have been funded by the refuse department.

[1:59:15] And let's go a sewer in for that matter, because the same is occurred.

[1:59:20] But to me, that's apples to apples.

[1:59:21] I don't want apples to apples.

[1:59:23] I want the kitchen sink in terms of proposals.

[1:59:29] I also want to make sure that we're getting the best possible proposal,

[1:59:34] making sure that they are taking into consideration,

[1:59:37] taking care of the employees,

[1:59:40] and that they put their best possible proposal on the table.

[1:59:44] All right, done in a way that this company suggests allows companies to do exactly what they always do.

[1:59:52] We know how company A always bids out bids us by this much money.

[1:59:57] We know how company did be.

[2:00:00] We then undercuts us by this amount of money and then throws in this extra. They all know how this works. All of these bidders and all of these companies have been doing this for many, many, many years long before we even talked about this.

[2:00:13] And they go from city to city doing this exact same thing. So when you lay all these specifics out in a request for a proposal,

[2:00:23] they know who's going to get it long before we do. If it's based solely on the amount of money that they suggest.

[2:00:29] We are not selling the asset,

[2:00:37] you know, I want them to throw creativity into this document.

[2:00:42] I want them to throw out of the box thinking into this document, and if they don't,

[2:00:49] then the ability to get the best possible deal for this city is washed.

[2:00:54] When you get to the specifics that this company has asked us to get to,

[2:01:00] We do not want a bid and we do not want to put a contract out there in terms of a sample contract.

[2:01:07] That is against what I think this council is trying to accomplish.

[2:01:11] And I don't want to even suggest what a sample contract might be.

[2:01:15] Until we get at least two or three proposals so we can see exactly what it is that the best deal will provide.

[2:01:24] And finally,

[2:01:27] responsible proposals come back to this council, and when responsible proposals

[2:01:34] come back to the council, then all of those thoughts can be drilled down, all of those

[2:01:38] all of that creativity can be drilled down.

[2:01:41] We then get to decide which ones we want to talk to, which ones we want to negotiate with,

[2:01:48] and which ones we don't, and I could tell you right now, those that aren't willing to step

[2:01:52] up to the plate and take care of the employees, I'm not willing to negotiate with.

[2:01:56] So this, what Sloan Vaskas has discussed is actually going out and selling the asset.

[2:02:04] We are not doing that.

[2:02:06] So I get where their, their expert advice has come from.

[2:02:10] And maybe they were led to believe by staff that we were looking to sell the asset.

[2:02:16] That was not the vote that I cast.

[2:02:18] And that said, again, this is a request for a proposal as what we can possibly do with an asset that has some ability to actually create some revenue that they're already creating.

[2:02:36] And so Mr. Mayor, if there's any other comments or suggestions as to how this suggestion by Mr. Kelly,

[2:02:48] needs to be adjusted or amended. I would go ahead and make that motion that he has read from.

[2:02:58] Other discussion?

[2:03:00] To sure.

[2:03:05] I believe that this discussion all started about or we needed to begin this discussion

[2:03:13] because of our WDA ending in June.

[2:03:18] then add the bank, I mean, no, it's January, it's December 31st, January 1st.

[2:03:24] We have to do something with our trash, because we will no longer, if we don't agree to extend

[2:03:31] that, which is item 8F on the day's agenda, which sounds to me like a pretty good deal to extend

[2:03:38] it for three and a half years. I'm not sure if the math may be it's two and a half, but it's a short,

[2:03:44] of a short period of time, with not changing the agreement one hyota other than we're going

[2:03:49] to go a longer distance. It doesn't affect any of the orange shirts out there. They continue

[2:03:55] to pick up the trash. They just we're going to be delivering further. I understand that

[2:04:00] we're that there's going to be a cost associated with that. However, as I've stated in the past,

[2:04:07] number one, a proposal should be made. A request for proposals should be made by the experts.

[2:04:13] It should be coming from our public works director, bringing it forward to us, perhaps at our request, perhaps not, just doing his job, and then he should go with and in this case, she with the city manager, find the expertise to help us present that to us to determine whether or not that's really something we want to do.

[2:04:43] I'm completely against this current item that we're dealing with right now, and I will not be supporting it in any way, shape, or form.

[2:04:50] I want to go back to the to Sloan and Vasquez, and I would love to hire them to have them come on board and put this through a real

[2:04:59] I will RFP one that passes the political smell test and not a rush to judgment, not a rush

[2:05:08] to get something out before we've given it some real thought and really had it done by

[2:05:13] the experts. This late is in gentleman. This RFP and the speed by which it's being presented

[2:05:20] and trying to get past through does not smell past the smell test. Believe me, it does not. And

[2:05:28] We need to pass on this one.

[2:05:31] We need to extend the WDA for three and a half years.

[2:05:35] And we need to take that time to look into new opportunities with new technologies coming

[2:05:41] along with new opportunities.

[2:05:44] We've set up before our trash stream is a valuable product.

[2:05:48] If it wasn't, we wouldn't have three or four trash haulers in the room today wanting to

[2:05:55] We

[2:06:03] could have your attention up front please for the comments made by members of the council.

[2:06:09] Mr. Sheret.

[2:06:10] We need to take advantage of this very valuable asset and make sure that we're doing whatever is right with it.

[2:06:19] I've been told, unofficially by a couple of trash haulers that are interested, that they would not recommend getting rid of this asset of all.

[2:06:27] it needs to be run in an efficient way, and it needs to be, and with all due respect to the

[2:06:33] employees in the room, and I appreciate all you do, and I'd love to save all your jobs.

[2:06:38] My responsibility is to provide the very best quality service to our 210,000 constituents and citizens

[2:06:46] of which most of you are. And that's the job that we as a council have up here, not to push through

[2:06:52] on RFP that is written by an attorney's office that should be advising on the legal issues

[2:06:58] of it.

[2:06:59] Not be, he's not an expert, and that's no disrespect.

[2:07:04] We need to have the experts working on this.

[2:07:08] There's not one of us up here, this is an expert, that in some of these areas is used our best

[2:07:13] judgment.

[2:07:15] Well, yeah,

[2:07:19] some of us, some of the elected officials in San Bernardino have been using

[2:07:25] their bus judgments for 25 years, some for 12, some for 8, some of us fewer years, and look

[2:07:32] where we are today. We're not in very good shape. I'm not sure that I can suggest that

[2:07:38] our judgment over the years has been very good. And I say that collectively, I'm not pointing

[2:07:44] fingers at anyone person. But we need to do what a business owner would do and take a look

[2:07:51] the best way to serve their customer, and that is, if it requires being sold or

[2:07:58] leased or contracted out, then I, as a business man, have to look at that

[2:08:05] opportunity. Doesn't necessarily mean that that's what's going to come, but I

[2:08:10] certainly am not going to approve a proposal that's been presented here, and then

[2:08:16] be shot down, shot holes clear through it by 30 years of experience in the trash hauling and

[2:08:22] the trash business. And then within about five minutes, we have another seat on our

[2:08:27] desk that counters all of those. Can't do it. Can't do it. So I'm not going to support

[2:08:35] this item at all. And that's about all I have to say on this item.

[2:08:53] I have a question for you. Mr. Kelly, just moments ago, asked kind of inquired about the

[2:09:02] consultant that you had hired. Walk me through that process, give me the time in which you entered

[2:09:08] in their agreement with those slung invasives?

[2:09:11] Well, a couple of things, to clarify, initially, he had called when the

[2:09:16] Busy Sun, just on when the city announced that it filed bankruptcy, and

[2:09:21] truthfully I didn't think much of the phone call was one of many phone calls I received

[2:09:23] if you need any assistance.

[2:09:25] It wasn't really until, and I don't apologize, I don't remember the date.

[2:09:28] So this Council directed that we begin to look at that process and there was some discussion.

[2:09:32] I called him because we were looking for someone, Mr. Pemba, represented to me that

[2:09:35] had discussions with various haulers and trash companies that indicate they would pay for consultant

[2:09:41] services. And that was the first person that I thought up to call. So we did have a meeting

[2:09:46] with Mr. Sloan. He agreed to do that really at no cost. He met with the mayor and myself,

[2:09:51] our public works department, representatives and representatives of the city training office.

[2:09:55] And then we've had various conversations with him. We had initially talked about entering into an agreement

[2:09:59] with him for an amount not to exceed 25,000 dollars, really just focusing on the development

[2:10:05] of the RFP.

[2:10:07] Was that a subsequent to your initial meeting?

[2:10:09] That was after we met with him and actually had several phone calls with him, but he had

[2:10:14] been advising us.

[2:10:16] Approximately what they did to you actually enter an agreement, less than $25,000.

[2:10:21] And again, what I'm saying is we had talked about doing that, he presented one to me, I contemplated

[2:10:26] signing that, but then Mr. Pemman indicated that he climbed a place in a

[2:10:30] agenda item on this evening's meeting to expand that. So he was

[2:10:34] assisting with the actual negotiations and things like that. So you

[2:10:36] have that contract before you. I think frankly, but I frankly think I

[2:10:41] really need to do something because he needs to be compensated for this

[2:10:44] significant amount of time. He's expended in dealing with us. So I would like

[2:10:48] to see us pay him for at least the services that have been rendered.

[2:10:55] Well, Mr. Penman has something else to go to.

[2:11:00] Moving on here, Mr. Penman, I need some help understanding what the response here from

[2:11:09] the Council Office is stamped at 1220 that we received the memo from Ms. Miller.

[2:11:17] Did your office prepare the 14 questions?

[2:11:23] The response?

[2:11:25] Yes.

[2:11:26] We received the letter from Sloan and Vasquez at 6.27 pm.

[2:11:36] I believe it was Friday.

[2:11:39] It was Friday.

[2:11:39] 6.7 pm Friday.

[2:11:41] And we're going to over the weekend and finish the final draft just before the Council

[2:11:49] meeting.

[2:11:51] Just to clarify some things that have been said, the Council gave direction in August 6th.

[2:11:58] And during that discussion, I stated that the City Attorney's Office would not do negotiations

[2:12:10] on this type of proposal without the assistance of the city manager.

[2:12:17] Two days later, when the mayor and I met along with the Chief of Staff, the city manager,

[2:12:23] the senior assistant city attorney, join a writer.

[2:12:26] I told the mayor then, pretty much what I've heard.

[2:12:30] You folks say, and pretty much what I've heard, the audience agreeing with you.

[2:12:33] The City Attorney's office does not have personnel who are qualified to determine what needs

[2:12:43] to go into an RFP for refuse services.

[2:12:48] I've said that all along, and I told the mayor on that date, August 8, that we needed

[2:12:54] to have, expert, advice, and our office would need to work with them.

[2:13:00] The city manager and I discussed it and she mentioned the conversation and she has indicated that she had received a call from Jill Sloan

[2:13:09] And that was fine with me. I know I knew

[2:13:15] That she had had

[2:13:17] Experiences when she was in Lama, Rata as the city manager there with negotiating such an agreement. So she set up a meeting

[2:13:24] I think it was the

[2:13:27] the fourteenth of August. With Mr. Sloan, the mayor, myself,

[2:13:32] couple of people from my office.

[2:13:35] And I listened for a while, and it was

[2:13:37] obviously they were well enough qualified, and we, our

[2:13:40] office went back to work. The mayor continued to discuss with them.

[2:13:43] We had other meetings since then. The mayor, I'm sure, was trying to be

[2:13:48] as accurate as he could be, but when he said that the draft one agreement was

[2:13:53] the same as the one that was in the back at that, it's not true. Because last

[2:13:57] for the first time we were finally given an interview with Jim Smith, the Director of Public

[2:14:02] Works.

[2:14:04] And Mr. Smith had over 30 suggestions for the RFP, and because I agree with Mr. Shredd that

[2:14:13] the City Attorney's Office is not the one that should be deciding what's in the agreement,

[2:14:18] I directed Mr. Emphagio and Mr. Uzak to proceed to incorporate the concerns that Mr.

[2:14:27] Smith had voiced with the exception of any that were contrary to the will of the mayor

[2:14:33] and council as expressed by the mayor and council in previous open session meetings.

[2:14:40] And that was done.

[2:14:41] And the specific items were determining the area for the two service areas, the mayor and

[2:14:47] of indicators that they want to do here are the proposals from the people responding to

[2:14:54] the RFP and some of the other.

[2:15:00] Issues, for example, how long the trial period would be, and as an attorney I can tell you this, because the legal language I do understand, whatever the trial period is, that's going to be the period of the contract.

[2:15:13] That's just the way it's going to be. That's legal advice, folks, no getting around it.

[2:15:21] So, in answer to your question,

[2:15:26] as a result of the August 6th action of the mayor and council,

[2:15:32] and the mayor and council members had been meeting prior to that with refuse haulers and our office had been invited to some of those meetings.

[2:15:39] And refuse haulers had stated that if there was an RFP or a process that called for bringing in a professional

[2:15:47] Well, that they thought it was appropriate, that the refuse proposals, or at least the person

[2:15:54] or a company that got the successful contract or contracts, would be the ones to pay

[2:15:59] those fees.

[2:16:01] So it was the intention throughout to have in the ultimate contract

[2:16:07] that provision, that whoever

[2:16:09] the successful provider was, assuming there are ultimately as one.

[2:16:19] Could we shut off the cell phones, please?

[2:16:21] Thank you very much.

[2:16:24] Assuming that there is one that they would pay for that.

[2:16:30] So the proposal that's in your backup is a combination

[2:16:35] of the information we've received today.

[2:16:37] Now we had also asked, and I think there's two things

[2:16:40] that are interesting.

[2:16:41] One, it appears from the Sloan Basque as proposal,

[2:16:45] that they thought this was a proposal

[2:16:47] the cell-solid waste. That's pretty clear. That's what they're saying in here when they

[2:16:54] talk about. For qualified bidders, because this was not a for bid RFP, to prepare and submit

[2:17:04] a bonnified proposal. They use the terms interchangeably. They take proposals throughout the

[2:17:11] thing. Here we go, because what I'm saying is, it is not up here that they knew exactly

[2:17:17] what the direction of the mayor council was, our office was responding to that and so that

[2:17:25] draft RFP is there. Then we went through their 14 points, almost reminds us of the Woodrow

[2:17:36] Wilson's 14 points during the First World War, some of this. And on their 14 points,

[2:17:48] we

[2:17:48] made

[2:17:51] proposed changes to conform with what they suggest in many cases.

[2:17:57] In a couple of cases not to based on the direction that the Council was previously indicated

[2:18:02] that they want to go.

[2:18:06] The other factor, in addition to them not exactly knowing what the mayor and Council's proposal

[2:18:14] had been,

[2:18:17] was that our office had repeatedly requested information and Sloan Vaskas points

[2:18:23] out in their memo that the RFP and the backup doesn't have that information.

[2:18:31] No, it doesn't have it because the city attorney's office, despite the fact that we were

[2:18:35] acting in the direction the mayor and council was unable to get that information.

[2:18:40] The city manager is explaining that she's in the process of developing that information.

[2:18:47] We were not successful in getting follow up conversations with Mr. Smith until fairly late

[2:18:54] today before the meeting. Despite the fact that the proposal came in on Friday, and we finally

[2:19:02] got information from Sloan Vaskas late today. Prior to that, I had one phone conversation

[2:19:09] with Sloan Vaskas. City manager had indicated to me that she was going to be sending them

[2:19:15] the draft proposal, our draft proposal number one, which we knew was in no way adequate

[2:19:21] to be sent out. And I assumed that she had sent it to them, and so I contacted him and

[2:19:30] they said, no, they had not received it. And in subsequent conversations with the city manager,

[2:19:35] I was informed that she had been advised not to send it. So they didn't have it. So long

[2:19:41] we did not have to have the so-called last-minute proposals, because it could have been sent

[2:19:47] as early as the 8th or 9th of August,

[2:19:53] well over a month ago, and Sloan Baskas is indicated

[2:19:56] that they could probably put something in the other four to six weeks, we had five weeks

[2:20:00] go by since that first draft. So I think there's a lot of misinformation, and I think

[2:20:08] some of it is intentional. I think there is a desire to delay the process, and I think

[2:20:13] employees are in the room have been put into a very unfortunate situation, and I think

[2:20:22] that what they don't realize is that the majority of the mayor and council include in

[2:20:28] the mayor, as expressed previously their desire to franchise out at a minimum if not

[2:20:35] else refuse. But there is an internal dispute going on as to who they want to handle it.

[2:20:44] And the people in refuse right now who think that one faction of city government is on their

[2:20:49] side, no folks, they're not on their side. They're just waiting because they have another

[2:20:55] group that they want to come in and do it. That's what's really going on behind the scenes.

[2:20:59] And I think the public should know that, and that's why we have a delay going on because there's a requirement in the proposal that the bidder have a recovery facility within 12 mile radius of the city yards.

[2:21:22] Right now there are only two providers who have NMRF within that 12-mile radius, and some

[2:21:34] of the people who are today arguing against this RFP have stated we need to take off

[2:21:39] that 12-mile radius because there's other people out there that want to bid and they won't

[2:21:44] be able to bid if you keep this 12-mile radius in.

[2:21:49] And that's what's going on, folks, and some of the people that you're applauding are doing that very delay for that very purpose.

[2:21:58] And I'm sure they haven't told you that, but that is the truth.

[2:22:01] Now, what has come out of this process is the fact that the Council had not been presented with this information before in this detail.

[2:22:11] Some of us had received it from former employees of the Refuge Department.

[2:22:16] And last week, when Mr. Smith, when we finally got the meeting that we've been trying to get since the, I think the 48th and 9th August, confirmed that the refuse fund has been, in effect, supplementing the general fund to the tune of 11 to 12 million dollars a year.

[2:22:41] So if you want to know why the refuse fund is in the red, that's a good start.

[2:22:48] We've also learned just last week that the amount that the city is presently expecting

[2:22:56] to receive is 11 million dollars per year.

[2:22:59] And that puts us in a very interesting situation because if I could just finish this statement

[2:23:07] Please, Mr. Valdi, get in. Because it makes no sense to do anything with refuse, except what we're doing with it, not to sell it, not to outsource it, not to franchise it.

[2:23:20] Unless the general fund can receive at least the same $11 million that has been receiving for many years.

[2:23:28] So I think that puts the entire perspective of the layoffs in doubt.

[2:23:34] And I certainly don't think it's fair to the employees if this is what's being suggested politically

[2:23:41] to move ahead now lay off some of them and then next year when someone gets an MRF online as some folks think they will,

[2:23:53] but they probably won't in reality because it states licensing laws.

[2:23:56] the rest of them will be transferred to private refugees haulers because that is the truth, ladies and gentlemen,

[2:24:04] on television, in the audience, and the mayor and council, every one of you knows that every word I've spoken is the truth.

[2:24:14] I'm absolutely not the truth.

[2:24:19] I'm sure you'll vote no, I'm sure you'll vote no, Mr. Sherretten.

[2:24:22] I've already said I'll vote, not on this, on your proposal next year, Mr.

[2:24:27] The employees have a right Mr. President.

[2:24:29] Good to have you to vote.

[2:24:30] Mr. Pinnman, you're out of order, sir.

[2:24:32] You're out of order, Mr. Vibia.

[2:24:34] You alluded to the fact that the city, the city general fund, had been subsidized by the

[2:24:40] refuse department, has the finance department confirmed that?

[2:24:45] What I've indicated previously, in prior years, the refuse fund that does provide funding

[2:24:52] to the state's general funded reimbursement for fuel charges and fleet charges and a whole

[2:24:56] host of other things.

[2:24:58] There have been some charges, specifically the street sleeping charges, some of the graffiti

[2:25:03] removal and things, which we feel need further analysis to really determine whether or not

[2:25:08] they are appropriate because those are taxpayer dollars, rate payers, providing or paying for

[2:25:14] that service.

[2:25:15] We're not really sure that there's the nexus there.

[2:25:17] So some of those charges we are looking at, but they have been recovering the costs of all

[2:25:22] of fuel and things like that and paying for that to the general fund.

[2:25:25] With respects to future transfers though, the reason why you don't see future transfers

[2:25:30] proposed in this year's fiscal year 12 or 13 budget is because we don't feel that that

[2:25:34] fund can bear those kinds of charges other than paying for just their minimum fuel charges

[2:25:38] and things like that nature that are directly related to that service.

[2:25:42] They just don't have the funds to do that and it's a whole host of reasons to raise

[2:25:45] some things and we're currently preparing a report for them to take care.

[2:25:48] So the converses, if they did have the funds to provide that, you would take their money?

[2:25:54] No, I think that we need to-

[2:25:55] So this is a best practice that you're employing to win a soft.

[2:25:59] Yes, right.

[2:25:59] I think we have sub-refuse.

[2:26:00] Yeah, we need to look at refuse should be paying for all the things that uses Legitimally,

[2:26:05] the fuel on the tires and those kinds of things.

[2:26:08] There are probably our things that are related to the use of trash traps on the streets

[2:26:13] and so there are some things that the Legitimally, but no, I don't know that they should be paying

[2:26:17] where the expansive level of service that they have in the past?

[2:26:21] And finally, Mayor, to my mover and seconder, I'm trying to understand this, is it that

[2:26:30] we're trying to, you're piggybacking all these motions into one, because I feel uncomfortable

[2:26:36] with that, and I'm not ready to support that as a whole.

[2:26:40] As through the chair, as the mover, I had plans on amending the motion that motion number

[2:26:45] have a little bit more language in it based on the documents so that the city clerk isn't

[2:26:53] not confused but interpreting, interpreting it in a way that is not written and I had,

[2:27:00] I had no problem breaking up two and three because I think two and three are both

[2:27:06] as critically important but I definitely think number one is that if we don't get the process moving

[2:27:14] We will be six more months down the line, and as an example, the RFP that you have here for the custodial folks, wherever that document is.

[2:27:29] That conversation only began through weeks before Labor Day.

[2:27:35] So anybody that says that this conversation hasn't been going on for a while,

[2:27:39] We actually had meetings about the WDA and information about it starting this past March.

[2:27:45] We are months into this system and months into the conversation.

[2:27:50] So if you would like, I could read the motion that I had hoped we could move on based on the

[2:27:57] seconder of the people.

[2:27:58] Well, my request simply in only is to let it break them out.

[2:28:01] That was issued in three.

[2:28:02] As it's piggy, it's isolated in the different motions, please.

[2:28:08] I'm going to go now to the speakers. We have a number of people who would like to read the motion.

[2:28:13] I'm sorry in this mechanic. Go ahead. Motion 1, 2 and 3. All three motions you put before us the student.

[2:28:22] Well, the public doesn't have them.

[2:28:24] Audience at home doesn't have them.

[2:28:27] And in case my colleagues haven't had a chance to read the chat.

[2:28:29] And the city manager to issue draft number four of the revised request for proposal for solid waste collection receiving processing transfer and disposal services after retaining all sections of draft four of the RFP not specifically removed by any of us here at the dies and after amending that RFP to include any and all revised and or additional language provided by the mayor and common council.

[2:28:57] Some I call in the revised request for proposals is not to be issued by the City Manager in

[2:29:01] Lesbos City Manager's office and the City Attorney's office have approved the wording

[2:29:05] of said document and have approved the final document to be released in its entirety and

[2:29:10] the revised request for proposal is to be mailed to all appropriate vendor candidates no

[2:29:14] longer, no later it's used me than September 20, 2012.

[2:29:20] Would the second amendment approve a degree to that amendment?

[2:29:24] I'm comfortable with that.

[2:29:25] I'm satisfied.

[2:29:27] All right.

[2:29:27] Mr. Bush.

[2:29:28] Let's go.

[2:29:29] Let's go.

[2:29:32] Final counsel.

[2:29:33] Person speaking.

[2:29:34] Johnson and I will go to the speakers in the audience.

[2:29:36] Thank you, Mayor.

[2:29:36] A lot has been said.

[2:29:38] So I'm not going to repeat a lot of these 14 points that I've already been stated.

[2:29:43] But I wouldn't want to say something.

[2:29:44] First of all, I appreciate the City Attorney's interpretation of how the events that they'll

[2:29:51] transpire here, but just let you know that Ricky Banjason, I'm not on the same page,

[2:29:58] is everybody else.

[2:30:00] I do believe that this agenda item is hastily written. I also believe this process is spent.

[2:30:09] This RFP seems to be written with providers already being awarded and that I have a problem with.

[2:30:16] Looking at this memorandum, there are some items I highlighted and I do want to speak those.

[2:30:23] First of all, I fall short of what is needed in order to attract the highest and best offers for the city's most valuable public asset.

[2:30:33] However, the RFP has graphic, lacks important features that will make it impossible for a qualified

[2:30:40] hitters to prepare as a mythic, bonafide, philism,

[2:30:46] installing in vowscares, they have 30 years

[2:30:48] of experience in municipal solid waste procurement processes in the state that will help us

[2:30:56] secure the best possible services and revenues from our municipal solid waste.

[2:31:03] And they talked about the time frame as required for the six weeks,

[2:31:12] number six states that whoever gets the services to the public, rates will be raised.

[2:31:25] But I'll tell you this, we talked about contracting out.

[2:31:29] But until we start talking about contracting out parts, we start talking about contracting out of safety.

[2:31:37] We started talking about contract now. We have to use all of them. Instead of peace milling them.

[2:31:45] I'm well not being favored. None of us talking about trash, contracting and everything else.

[2:31:55] And in my final statement, I lived in this city for over 50 years.

[2:32:00] We just finished, we ended the process of finishing our freeway.

[2:32:06] And as you know, there's always been a division where it's basically been a burden

[2:32:13] and wall with the freeway to 15.

[2:32:17] We've all done all the rafts and all the rafts that we've kept in on to the east.

[2:32:22] And so as we talk about five minutes in the two.

[2:32:27] Once again, we're talking about putting up another wall

[2:32:31] in our city and that I have a problem with.

[2:32:35] Thank you.

[2:32:37] I don't know the way I did not go.

[2:32:38] I'll be very brief.

[2:32:39] I'm going to address the motion.

[2:32:43] And I think that it needs to be pointed out that the very last sense, and it says it's not quite the last sense.

[2:32:48] It starts after the comma, after entirety.

[2:32:51] It says, and the revised RFP is to be mailed to all.

[2:32:58] shouldn't say both appropriate vendor candidates, no later than September, with the 12-mile

[2:33:06] radius, there's only two that come qualify.

[2:33:09] So let's mail it to the two that are qualified, not all appropriate vendor candidates.

[2:33:15] Since I'm the maker of the motion, the motion is to be all.

[2:33:20] And just some Mr. Shared is clear on this, waiting for waste technology to come on 3.5

[2:33:26] years of friends of yours. Also stinks.

[2:33:34] Fred, I'm your friend. Mr. Kelly, and then we'll

[2:33:38] go to the end. Just campaign contributors. Fred, folks,

[2:33:51] folks, this, excuse me, these, these are

[2:33:55] Council proceedings. This is not a pep rally. This is not a football or a basketball or a baseball game.

[2:34:01] This is a serious conversation about policy. Please respect the need for decorum and civility

[2:34:08] and not make this into a cheering squad experience. Thank you very much, Mr. Kelly.

[2:34:17] I'm your friend. I'm friends with everybody on the Dyson with our city family and

[2:34:25] and we may not agree on certain things but I'm your friend as

[2:34:30] I just wait for you.

[2:34:32] Excuse me folks, can we again ask for your quiet and attention to this Dyson?

[2:34:39] Thank you. Thank you. And as your friend and as a friend to all this council,

[2:34:47] I want to remind you all that city administrator, then city manager, Fred Wilson, our interim

[2:34:56] city manager, Mark Weinberg, our interim and deputy city manager, Lori Sassoon.

[2:35:03] And to the current have all said that we are in a fiscal crisis and that we must consider

[2:35:10] private public partnerships.

[2:35:12] That's how long this conversation has been going.

[2:35:15] back since Fred Wilson was the city of Minnesota before he became the city manager.

[2:35:21] I recognize that there are opportunities in the future for waste energy,

[2:35:29] which is what

[2:35:29] council member Sheret had talked about the last council meeting and shared with the city manager

[2:35:35] that for a number of years he was working on a possibility of waste energy and to say that

[2:35:42] smells or it stinks the way this process is going. One might question those who

[2:35:50] have spent a great deal of time working with the ways to energy folks, were they looking

[2:35:57] for a finders fee? When we talk about the efficient ways of doing things, let me decode

[2:36:06] that for you, efficient means cuts. When we talk about rates, this

[2:36:12] Marin Council, when the former public works director, came through the

[2:36:18] Ways and Means Committee and to this Council, advised us that we needed

[2:36:23] to raise our refuse rates. That's for our businesses and our

[2:36:36] rates did not go up the WDA waste delivery agreement with the county is going to expire,

[2:36:45] and the tipping fee is going to be more.

[2:36:51] When we talk about the use of funds the way

[2:36:56] that they have been used again, when Mark Weinberg was here, and sitting right will Henry

[2:37:03] and Peno is was the incoming city manager, Charles McNeely. This council then was discussing

[2:37:09] public private partnerships. We only got a second from former council member,

[2:37:16] Estrada, for the purpose of discussion. This is to clarify the history. We

[2:37:21] discussed it at length. The second was withdrawn and we did nothing.

[2:37:29] But I will

[2:37:31] remind you in a friendly way that Fred Wilson, Lori Sassoon, Mark Weinberg, and

[2:37:41] our current city manager now is that we must and should explore public private partnerships.

[2:37:48] What are we afraid of?

[2:37:50] Let's get going.

[2:37:51] Let's get this out on the street.

[2:37:53] So the employees aren't in limbo.

[2:37:56] They know one way or the other.

[2:37:58] We're going to do this.

[2:38:00] There certainly is a way that we can address through the negotiations as we go through with

[2:38:05] professional advisors, how we address rates, whether it be the CPI, what we're going to

[2:38:16] do with employees, and any member of this council can agendaise an item for future

[2:38:25] opportunities for waste energy opportunities for this community. And we can discuss it

[2:38:33] and we can partner with if, and if we have any public

[2:38:39] partnerships occurring at the time.

[2:38:43] But until we add folks, we're going to continue to get these reports

[2:38:47] that share with us.

[2:38:50] Look at that number.

[2:38:51] 18,946,180 in the red.

[2:38:56] We have got to do something in order to provide services

[2:39:00] all services to the residents of this city.

[2:39:06] I strongly urge that we support this action tonight.

[2:39:10] It's only an RFP.

[2:39:14] It's going to come back to us.

[2:39:15] A request for proposal will come back to us

[2:39:18] and the legal minds and our consultant

[2:39:21] and our city manager who happens to be a legal background

[2:39:24] will work through whatever the agreement is going to be.

[2:39:28] Start with the proposal, they add to it, we take away, goes back and forth, then an agreement comes to us, and we act, and I strongly urge this council act on behalf of all of the residents of this city,

[2:39:43] where we're going to have to continue when that Penency Plan comes forward to continue to cut, and a lot of people will be out of work.

[2:39:51] Thank you. Let's go then to the speakers. We'll start with Paul Sandborn. Followed by Gary Clifford. Followed by George Swift.

[2:40:17] Good evening Mayor and Council. You know if you woke up tomorrow morning.

[2:40:24] And the paper said the government was getting ready to sell the IRS. What would you think?

[2:40:29] I mean that's the way I look at this thing tonight. It is an asset. It's the best asset you've got.

[2:40:36] to you, Mr. Charles Kelly, who will set it straight, January 1st, 09, that was the last phrase.

[2:40:44] If you people don't think that you should pay a little more for trash,

[2:40:48] we're have you been by on your diesel, I ask you. I would like to play the gas field for three years ago.

[2:40:58] These guys, if you're old enough and you request it, they'll get out of the truck and go get the trash camp

[2:41:04] and bring it to the trash truck. You ain't going to get that with the new people. I don't

[2:41:08] believe that at all. The other thing is just before I come here, by monthly, Jacks is

[2:41:16] fifty-four dollars for it's twenty-two dollars per month. And they're by monthly.

[2:41:26] Even if you

[2:41:26] double large, you don't come to the fifty-four bucks. It's entitled to a raise. I can't believe

[2:41:32] we've gone three years without even raising that, to be honest with you, and you wonder why

[2:41:38] you're short on money and why you're sitting there playing the bankruptcy game.

[2:41:43] The new company, are they going to sit here and pick up the three different trash cans?

[2:41:48] I wonder.

[2:41:50] They're mandated by law.

[2:41:51] How many of this is a speaker?

[2:41:53] He's before.

[2:41:53] Well, if they are, they are.

[2:41:55] Let's don't dialogue.

[2:41:56] Let's have this speaker speak.

[2:41:58] And then the other thing that I will explain to you is street sweeping that you

[2:42:02] out of Mr. Kelly. I don't see any reason at all that every thing bought related to food in

[2:42:09] this town. Every order that goes out on Jack and the box, Taco Bell, I don't care if

[2:42:16] you're at cocos or whatever. Okay. A nickel on that tab. When it rings up, just put a nickel.

[2:42:24] That'll take care of your streets we've been believing. Thank you.

[2:42:34] Gary Clifford, followed by George Swift, followed by Paul Flores.

[2:42:40] Mayor Morris, Council Member Staff, and Citizens of the Samurai Deal.

[2:42:43] My name is Gary Clifford, and I am the CEO of Athens Services.

[2:42:47] I am also a Samurai Dino native.

[2:42:49] I was born at St. Bernardines.

[2:42:50] I was raised here.

[2:42:52] Graduated from the School District.

[2:42:53] I went off to college and since then I have enjoyed very successful careers in law enforcement.

[2:42:59] Business, Education, and Public Service.

[2:43:00] which include three terms as the City Council member in mayor of the city that I live in.

[2:43:06] Many of my family members still reside in San Bernardino, and as we all do, we never forget what we came from.

[2:43:12] To that point, a few years ago, my firm, Athen services participated in RFP for waste when recycling from the unified school district,

[2:43:19] and as an alumni, I had promised them we would give an outstanding proposal.

[2:43:23] In fact, we were the most responsive proposal and have saved the school district hundreds of thousands of dollars per year.

[2:43:28] Our service and performance receives excellent reviews.

[2:43:31] I believe trash isn't asset.

[2:43:34] And while reading over your possible action for tonight,

[2:43:36] I just know that a few interesting and unusual requirements

[2:43:38] in the RFP and remotion one,

[2:43:40] particularly the 12-mile radius,

[2:43:42] we would also like if you choose to put it out,

[2:43:45] which you may not, but if you choose to put it out,

[2:43:47] we'd like to participate also.

[2:43:49] I noticed the rates to the rate pair will remain the same,

[2:43:52] but we'd like to lower them.

[2:43:53] And I noticed that there was no prescribed time limit in the RFP

[2:43:56] and the time period was called, it would encompass a number of years to be negotiated.

[2:44:02] Some of those were just unusual, I thought, as an expert in the industry, and I'd like

[2:44:05] to be able to respond to those, and I would argue there's some other elements, but

[2:44:09] you've identified them as the 14.

[2:44:11] In my opinion, in Athens services is an outstanding regional hall where that has one of the

[2:44:15] largest organics composting facilities in your backyard in San Bernardino County.

[2:44:21] We service your school district, we operate in San Bernardino in Victorville and in Riverside.

[2:44:25] We have arguably the nation's largest and most efficient material recovery facility not far from here, but it's a little farther than 12 miles.

[2:44:34] I'd like to offer your citizens the same opportunity if you choose to do that we did at the school district where we went to RFP.

[2:44:40] It is probable that Athens can provide the city everything you're looking for in revenue.

[2:44:44] We can have you in a lower rate to the consumer and keep all the employees because it are privately held firm our employees are number one.

[2:44:51] I ask tonight that if you're seeking a potential benefit of a new waste and recycling partner in this RFP you create a process that allows Athens to participate.

[2:45:00] For instance, San Bernardino County recently placed an RFP on the out for landfill and maternity recovery.

[2:45:06] Athens intends on submitting a bid for that, which is due October 31.

[2:45:09] It's just a few weeks away, and that can have a huge impact on our ability to do this positively.

[2:45:15] I'll make you the same promise I made this school district.

[2:45:17] Athens will respond to your RFP and a professional, efficient manner. We'll deliver you an outstanding product in the form of rate reductions to your residents.

[2:45:24] Revenue to your city, jobs and opportunity for everybody in this city, both your city employees and citizens.

[2:45:31] We've demonstrated over the years where the experts at converting municipal services to private sectors and employed everyone that we've come across.

[2:45:37] We've done a number of times when you choose Athens, you're choosing a family company to values employees first and everything that we do.

[2:45:45] Please consider changing the RFP that's identified in motion.

[2:45:48] If you put it out to allow Athens services to participate with the other vendors that you've identified tonight.

[2:45:54] Thank you very much, and I hope you consider that.

[2:45:56] Have a great evening.

[2:45:57] It's an honor to speak to you.

[2:45:59] Thank you, George Swift.

[2:46:04] Followed by Paul Flores, followed by Charles Greenwood.

[2:46:07] I'm George Swift.

[2:46:08] Operating engineers, representative of the

[2:46:10] Prepties, workers and all the other gentlemen,

[2:46:12] and employees, Mayor and City Council.

[2:46:15] Two years ago, you put out a bid spent $50,000 to a company

[2:46:20] in Matrix to tell you that keep your trash.

[2:46:24] Keep your refugees department.

[2:46:26] It makes you money. It's the goose-a-lase-a-gold-naked.

[2:46:31] Now we're talking about spending $50,000 more, which we don't have. We're broken.

[2:46:37] I understand. We keep talking preachin' about the fact we don't have any money,

[2:46:40] and then we talk about contracting out another bit.

[2:46:45] You should be very afraid of this proposal.

[2:46:47] I read through this proposal, and I have a problem with, first of all,

[2:46:51] $750,000 a month for your trash, that's like 40%.

[2:46:58] Most cities are going to give up to, and most companies are going to give up 10%.

[2:47:03] I don't know where that came from.

[2:47:07] It's only possible to receive that.

[2:47:09] And a proposal could take two years.

[2:47:12] City Sacramento is still working on a proposal with their trash.

[2:47:15] It's 92 pages long.

[2:47:19] These things just don't happen overnight.

[2:47:22] And you have two companies bid on the same proposal on the same bid.

[2:47:28] That's a collusion.

[2:47:29] You can't have two companies bidding on the same proposal.

[2:47:31] That's collusion.

[2:47:31] It's illegal.

[2:47:33] You have to deal with the, and I'm talking about collusion

[2:47:36] because you want to split the city in half.

[2:47:38] You want the city to say, one company to take half the city together.

[2:47:41] They're going to have to get together in the time of the term of work,

[2:47:43] what the half of the city is.

[2:47:46] Like Councilman Johnson said, maybe this is a freeway.

[2:47:49] I understand your quote, but I'm in 45-year resident of the city too.

[2:47:56] We can't see where this will go in the best interests of these employees.

[2:48:03] I know trash companies who say, yes, we'll take your employees.

[2:48:06] And then they say, yeah, but we're going to interview them first.

[2:48:09] And then they interview them and some employees don't make it,

[2:48:12] because they just don't want them around or they feel that they may be an educator

[2:48:16] or some other problem that they don't want.

[2:48:21] I just don't think that there's just this thing stinks, there's something that's meant to set up right.

[2:48:28] It's a political move, as far as I can see.

[2:48:31] It's a political move to get more money in politicians' pockets.

[2:48:36] And I'd be very curious to see how much money in these trash companies who already spend on,

[2:48:40] on the state council people.

[2:48:43] Thank you.

[2:48:44] Mr. Mayor.

[2:48:45] Mr. Mayor.

[2:48:46] Paul Flores.

[2:48:46] I would like to.

[2:48:47] I'm told by Charles Winnwood, followed by Matthew Breonis.

[2:48:52] Make a clear, clarifying mark, remark to Mr. Swiss comment about the matrix study.

[2:48:57] Matrix study also said lay off a whole bunch of employees, and it also said give more work

[2:49:02] to the routes that exist, which is why this council shelved it, and secondarily to the

[2:49:10] Athens representative, I'm under the impression that Athens has a bunch of state violations

[2:49:16] based on workers' complaints and bad labor practices, so let's have all the information

[2:49:23] if we're going to get some of it, let's have all of it.

[2:49:25] Let's refrain from responding to the speakers until all the speakers are spoken.

[2:49:29] Make some notes at your place and then you may feel free to respond.

[2:49:34] May be.

[2:49:35] May be.

[2:49:36] Maybe you're on.

[2:49:37] Maybe you're on.

[2:49:39] Mr. Mayor, as the point of order, it may be prudent that some speakers may choose not to speak

[2:49:45] and say certain things, if they're mentioned right after a speaker makes a comment.

[2:49:50] Thank you.

[2:49:50] Thank you very much, Mr. Florence.

[2:49:52] That would be great.

[2:49:53] I appreciate that because of the fact that you had indicated that you wish somebody would

[2:49:59] tell you that this was a silliest idea that ever brought up this 119 page matrix that was brought

[2:50:06] out June 15, 2010, told you exactly that.

[2:50:11] And for the better part of all of the council members that are up there with the exception

[2:50:14] of the two new ones, everybody agreed with it.

[2:50:17] I am Mr. Pemba, you could correct me if I'm wrong.

[2:50:19] But I do believe you backed it up 100% also.

[2:50:22] But the thing about it is, is you've already paid for a study back in 2010 to tell you

[2:50:27] that this was the most ridiculous idea in the world to do.

[2:50:30] And then you bring it back up again.

[2:50:32] I don't understand that.

[2:50:34] And it's really, you know, you try to monitor the crowd out there from their reaction.

[2:50:41] I mean, the last several council meetings with all due respect, you counsel people up here

[2:50:49] have been bickering back and forth like little kids, and that's with all due respect

[2:50:53] to you, because like I've told you before, I wouldn't want to be in your shoes.

[2:50:56] You guys have the worst job right now in the world to try to save this city.

[2:51:01] And I would not want to be there, but it's really ironic that, in fact, a council member

[2:51:06] will put an item on the agenda, and they'll come and they'll discuss it, and then when

[2:51:11] counterparts don't agree with it and it's okay well you know what didn't let me make

[2:51:14] an amendment to it or I don't like that amendment let me make an amendment this way

[2:51:17] then well I don't like that amendment well how do you want them I want it this way okay

[2:51:21] well I'll make it that way and then they expect you to react on a spur of moment if it's

[2:51:26] on the agenda you should act on what's on the agenda not come here to just try to please

[2:51:32] everybody at the last minute because of the fact that somebody that you thought was

[2:51:36] going to agree with you doesn't agree with you at the last minute and then you've

[2:51:39] change everything. You know, this is, I don't understand a lot of this is going on. I'm not

[2:51:45] a politician. I'm a union man. But Mr. Van Johnson, you're absolutely right. What's next?

[2:51:51] You said safety, but I'm sure what you were trying to say is what's next? Are you going

[2:51:56] to contract that police and fire? I'm sure that's what you wanted to say, but you just

[2:52:00] said safety. And that's true. What is next? Who are you going to contract that next? I will

[2:52:07] As a sole representative of the General Unit in this city of San Bernardino, I will be up here every single solitary time that there is a department within the General Unit that is going to be contracted out and I will speak against it.

[2:52:22] And with all due respect Mr. Shirek, it is all because it's not just two, because the current General Unit MOU states that the department that is going to be contracted out has a right to bid on a contract and out, so it's going to be three.

[2:52:36] not to. And I just hope that it is publicly knowledge of when you want those

[2:52:43] bids in, that way your employees, my members, can get their stuff together, and they can

[2:52:49] put a bids in along with the other two that are within the certain miles. I thank you very

[2:52:54] much for your time, and I appreciate your antibiotic tension.

[2:53:03] Charles, Charles, we would

[2:53:04] followed by Matthew Bionic followed by Carol Mosby.

[2:53:15] There's been so much flipping and flopping up here.

[2:53:17] I don't even know what to start.

[2:53:17] I had stuff written down and I really don't know what to start.

[2:53:20] This is one of the first times.

[2:53:22] But if you really look at it, we're going to waste money again.

[2:53:25] When people are getting laid off, we're going to waste money to find out if it's selling

[2:53:29] us as proper or right or whatever.

[2:53:31] If it's going to save the city money, I really don't think it is.

[2:53:34] As far as the other companies, hey, I'll put us up against you guys any day, any day.

[2:53:40] We're good, hard, strong workers, and most of us live right here in this city.

[2:53:46] I've got a question for you.

[2:53:47] Is any of this violated in 2018?

[2:53:49] I've got a position in 2018.

[2:53:51] Anybody?

[2:53:53] I haven't speak.

[2:53:55] It's on me.

[2:53:56] All the speakers are spoken.

[2:53:58] Because the least in the cell is the same thing.

[2:54:02] There's a couple.

[2:54:03] There's one person I know here right now.

[2:54:05] It is biased.

[2:54:07] It has had a plan to sell us, set it to a couple of the public employees, and where my

[2:54:14] man go.

[2:54:15] Did you pass these already?

[2:54:17] This paperwork right here says it all, and I don't take any of that lightly, none of

[2:54:21] it.

[2:54:22] When the public needs to see it and read it, if you want it, ask for it.

[2:54:29] You hire professionals in finance, city manager, and all I can remember is in sand, it's

[2:54:35] not smart, it's not wise to do it.

[2:54:37] You don't believe me go ask Riverside, go ask everybody else that's heard me because they

[2:54:41] sold off the refugee department. It's not smart. That's the people's money, the people's

[2:54:46] vehicles, we are the people's employees. We work for them. We're not here for profit. And another

[2:54:51] thing, one person said that if you ask for it, if you held it, whatever, we will go up to you

[2:54:56] and to your house and bring the can out for you. What you don't know is if you forgot to take your

[2:55:01] out or whatever. We come back for free.

[2:55:07] For free. We're not here for processing. We're here

[2:55:11] for the community. Period.

[2:55:17] All I can ask you to do is listen to your experts. Listen to

[2:55:21] your experts. And I want you guys to really pay attention to this paper right here. Because

[2:55:26] what happened during this time? You talked about threats about four weeks ago. A councilman

[2:55:30] There was no threat in our council, but the man threatened.

[2:55:35] An employee was threatened, but you know I'm not scared anybody, including the person that

[2:55:40] was making a threat.

[2:55:42] It was childish and embarrassing, I said on his thing for two weeks over that would calm down,

[2:55:46] but it didn't.

[2:55:49] They went farther and farther and farther and farther, especially interest has to end

[2:55:52] here.

[2:55:53] If you really think it's going to save the community money, fine, sell it.

[2:55:56] I don't think so, but don't keep bringing personal attitudes into business.

[2:56:01] is childish and stupid. And please don't ever threaten me like that again. Don't ever

[2:56:09] welcome our face like that again. At least you got a good news. Thank you.

[2:56:20] Matthew Rionis followed by Carol Mosby, followed by Stephen Johns, followed by Richard

[2:56:28] Mendoza. Good evening, Matthew. We're going to see him play since 1988.

[2:56:33] They talked about the major support. I'll bring up a little more. Yeah, we spent money on it basically says do not sell refuse doesn't make sense

[2:56:43] I heard saying that we're bringing in 10 to 12 million 11 to 12 million and so why do you want to sell something if we're putting money in?

[2:56:51] Another thing with this others bankruptcy stuff hurting all our customers residential commercial construction today

[2:56:58] Today, well, we take concrete to a place, they turn it down because we're not paying the bill.

[2:57:03] This is hurting refugees.

[2:57:04] This is hurting our customers and you guys need to hurry up and fix something because this

[2:57:09] is not right.

[2:57:11] Thank you.

[2:57:16] Carol, Mosby, followed by Stefan John's book.

[2:57:20] Thank you.

[2:57:21] I did not even know this was going on, but I'm just thankful that I was able to come and I was

[2:57:26] coming for something else, but first I'd like to say to the Mayor and the City Council.

[2:57:30] thank you, I know it's not easy to serve, but the I live here in the city and the workers are just

[2:57:37] not only so professional and helpful, you cannot put a price on that and I know we're having difficulty,

[2:57:44] but as many have already said, that's part of our in-times, so I'm not really sure I would take a

[2:57:50] increase in pay, increase in rates, I had no problem with that because you all do such a good job

[2:57:56] and I appreciate you. But I think the community at large because I did not know. I didn't

[2:58:00] know this was going on. I read a little on this paper, but I didn't know tonight. And you

[2:58:06] need to get the word out there in the community. I'm an educator in an associate pastor. And I

[2:58:10] surely will tell other people, but you need to let people know because we appreciate you. And to

[2:58:15] the city council and to the mayor, I've we've watched this my family and I for 10 years and

[2:58:21] the division and it's insulting it's insulting I can sit here and know how each one of you

[2:58:28] who you side with who likes the the the the the attorney and all of this it's insulting

[2:58:33] as an educator we should have a city council that comes together

[2:58:37] and all of this nitpicking and this person's bad as it is it's so obvious the community knows I know

[2:58:45] So I'm hurt.

[2:58:48] The city deserves better.

[2:58:50] And to you, Mayor Morris, I don't know how you do it.

[2:58:53] I really don't because to be treated the way you are,

[2:58:56] it's so disrespectful by some of your members and some of these people right here on the legal team.

[2:59:01] It's not right.

[2:59:02] You are elected, Mayor, waiting to your turn, the other people that want to be mayor, that want to kick you out.

[2:59:08] Let him do his job.

[2:59:10] Be supportive and let him lead come together.

[2:59:12] My question is, I never got anything. Was there a community meeting? Did you guys come and get the community involved on this decision?

[2:59:20] Did you get some of these people involved?

[2:59:22] So this is this is not real leadership. So please stop the division. Please grow. Please be mature.

[2:59:29] Like myself, I came. I was going to I wanted to follow complaint not against this department of the city

[2:59:34] And I was like well, how do I do this before I go to the state of the federal level? Because I'm pretty upset about something.

[2:59:38] But, you know, I'm not just going to be mad, I'm not going to, you know, be angry and I'm going to act childish.

[2:59:44] I'm going to be a professional, I'm going to be an intelligent human being.

[2:59:47] And I appreciate my tax dollars being spent for things that people coming together and stop the nonsense.

[2:59:55] So please be professional.

[2:59:57] Be respectful.

[2:59:57] Just as you ask us to do and I appreciate that.

[3:00:00] This is a professional environment that the city is serving us as citizens so please. Could the council grow up and be professional and serve our city? And the legal department, the attorney, also, come together. We deserve that. And so did these hardworking people. Thank you.

[3:00:28] and John's followed by Richard Mendoza.

[3:00:34] Good evening.

[3:00:36] I have held a sign up throughout the evening.

[3:00:42] And for those who can't see it, it says, you own us, they'll own you.

[3:00:49] And the statement on that is, you, the taxpayers own us.

[3:00:54] This is a taxpayer asset.

[3:00:56] You have a voice, and what do you go on?

[3:00:59] you actually can state up here at the Dias and give your input on as to how you want our division done.

[3:01:09] It gets contracted out, your voice is lost, the contractor will,

[3:01:17] and you'll be silence.

[3:01:20] So this is an important key that I want everybody to understand. Thank you.

[3:01:29] But should Mindosa?

[3:01:35] Hardable Mayor and Council.

[3:01:38] Mr. Mayor, I have all their respect in the world for you.

[3:01:40] I follow the career and your path.

[3:01:42] I see you at different organizations and nonprofit groups.

[3:01:45] And I hired you.

[3:01:47] I've been a long time, President of the city.

[3:01:52] I see in the city a city attorney,

[3:01:54] who needs to help the gangs on the west side.

[3:01:58] But I don't know what we've got.

[3:02:00] Mayor, I know you.

[3:02:03] to you, words right, you change your things right because I know you are a man of God.

[3:02:06] And I highly respect that sir.

[3:02:09] We have the citizens of this community.

[3:02:11] We are the voters.

[3:02:13] We are the boss.

[3:02:15] You as the people that are elected to your war, you represent us.

[3:02:20] Now what you can get out of it.

[3:02:22] And I pray to God, you look at your heart and your cooking jar.

[3:02:25] You're going to face consequences.

[3:02:27] You are for us.

[3:02:29] You are for these taxpayers.

[3:02:30] And a lot of people don't know what's going on because you, you paint on pitcher, but you want to paint them in your war.

[3:02:37] Mr. Cali said, we've got to have fire. That's a number one priority. I agree with you sir.

[3:02:45] But we need to explore our options. Why sell your asset off? That's a dumbest thing in the world.

[3:02:53] Like I said, I challenge the books. Who's getting contributions from fire and police?

[3:02:59] I pray you don't get your hands cut and look at your.

[3:03:01] We offer that tremendous service as public employees.

[3:03:05] We work for the community.

[3:03:06] We work for them.

[3:03:07] We're not here for a profit.

[3:03:10] Do you sell us off?

[3:03:11] What's next?

[3:03:13] Fire in police?

[3:03:15] Because you'll have nothing else to sell off.

[3:03:17] What's going to happen?

[3:03:18] The taxpayer are going to go up to pay their salaries.

[3:03:24] I'm being, make sure you get going to say, okay.

[3:03:26] Let's go on contacts to the shares because they're large-gradency, we can say money there.

[3:03:32] Let's contract out to CalPars for the fire department and the shares for the police.

[3:03:37] What's next?

[3:03:38] You saw us, you ain't got anything else to sell.

[3:03:40] And the people of this city need to understand that we work for you.

[3:03:44] We serve you.

[3:03:45] We live in this community.

[3:03:46] I'm a lifetime resident in the city.

[3:03:48] I'm a third-generation trust man.

[3:03:50] I'm a five-generation, my grandfather works.

[3:03:52] But via this is a father as a Santa Fe worker walking the day when he's to walk out of

[3:03:58] history down the Al Street back to their home because they have pride in their community.

[3:04:02] We serve the city but great pride.

[3:04:05] We offer them services.

[3:04:06] We, if we miss their camp, they bring out their canle, they call them airs office, they call

[3:04:10] the council office, they call the customer service and we, as public employees, we gladly

[3:04:16] go back.

[3:04:18] But if you hire a private company, sure, we'll come back up for $20, $15 at now.

[3:04:22] we'll see you next week. The race might stay the same now. You're from now. The race are going to go up.

[3:04:28] What's going to happen? All the taxpayers are going to get them from and say, hey, they raised their rates.

[3:04:34] You call your council. You call your mayor. I'm sorry. We cannot do nothing for you. It belongs to the private.

[3:04:38] And you have no voice. People, the city of Sanctuary, you are the voice for this refugee department for the city.

[3:04:45] You sell us. It's going to be a dumb no effect. Everything's going to be sold out.

[3:04:49] Thank you.

[3:04:57] We'll come back to the table at this time.

[3:05:00] I'm going to make some comments.

[3:05:04] I believe the process that we've engaged in thus far is deeply flawed.

[3:05:11] The, although this is marked as graphed four of the RFP from the Timons Office, it has

[3:05:20] all the hallmarks of the first graph on the 14th of August when we sat and talked about

[3:05:28] this with Mr. Timon with two of his deputies, with Sloan and Baskas and the City Manager.

[3:05:38] I was told by Mr. Pinnon that we were all told that he had an RFP already prepared.

[3:05:47] And Mr. Luzek, Mr. Luzek confessed he didn't have one, actually.

[3:05:52] But Pinnon said this must go out by tomorrow.

[3:05:57] And I responded, and I had previously vetoed the proposal that came before the Council,

[3:06:03] because I thought it was a flawed process and I again said that the veto was on. We are not going

[3:06:08] to rush to judgment on this. This is going to be a carefully thought out in intelligent conversation

[3:06:13] about the merits of this idea and about the contents of an RFP.

[3:06:25] The Mr. Pinnon had in mind

[3:06:27] And he confessed as much that the members of the Council, he had talked to, had two providers

[3:06:34] in mind.

[3:06:35] That was Republican vertebrae.

[3:06:36] And those were to be the providers of this new outsourced set of franchises or disposition.

[3:06:46] And I said, that doesn't need the test of an open and transparent process.

[3:06:54] that conversation has continued with no progress to speak of until the last

[3:07:00] council meeting. And then the city manager was commissioned to drive this

[3:07:05] forward. It was for a commission, not the city attorney's commission. I'm deeply

[3:07:10] troubled by the prospect of a politically engaged city attorney calling the

[3:07:15] shots here. I said that initially, when this whole thing unfolded and I vetoed it.

[3:07:20] And we need to keep the professionals in charge of this process.

[3:07:27] It is not Mr. Kelly simply, you said it was only in RFP.

[3:07:33] This is a critically important document that will allow us, as they set up policymakers,

[3:07:40] to carefully look at opportunities that may exist out there.

[3:07:45] they may not exist, but this needs to be done with great the craftsmanship. It is a remarkably

[3:07:55] complex process. If we're going to be engaged in an RFP process, we need to have a refined

[3:08:02] process. This hastily thrown together should have responses to the 14 concerns prepared and

[3:08:08] by our experts who are advising us, there's not beginning to be, in my view, the needs of

[3:08:18] this council in this city as we go forward. We need to do this in an intelligent, carefully

[3:08:25] constructed way.

[3:08:29] This is, as pointed out, high, Sloan and Vaskas and all, within we've

[3:08:35] The, together with water, water probably is our most valuable asset, not probably it is.

[3:08:42] But next on the list of valuable assets for this city is our refuse-treme.

[3:08:47] We understand that.

[3:08:50] And that cannot be in any Cavalier or hasty way,

[3:08:54] as opposed to why an RFP of a kind and variety that we have here before us.

[3:09:00] I will not support this, we need a carefully crafted process and I insist on that for the city and its taxpayers.

[3:09:15] There's a motion and there's a sector, let's vote.

[3:09:19] I think I

[3:09:23] make comment.

[3:09:36] I was waiting for the acknowledgement,

[3:09:39] but I see that we're selected and how we do things which is disappointing.

[3:09:44] You know, I've reminded everyone that this has been an ongoing process, I have spoken publicly about my concern for the employees, and I can't think of any better way to champion the employees in the way that we've done thus far.

[3:10:01] Clearly, there are longstanding animosities that are clouded in the judgment and the longevity of the health and safety and well-being of the residents of San Bernardino.

[3:10:19] I implore people to put their personalities aside and do what's in the best interest of the city to decode what is said in a thoughtful and intelligent way

[3:10:30] or this is hastily done or cavalier away, I strongly disagree with those observations.

[3:10:38] People are entitled to have their observations, but they can be dead wrong.

[3:10:45] If we do not act,

[3:10:50] can someone share with me how we're going to bring revenue into this

[3:10:53] city that's going to sustain all departments and provide services to every resident of the city?

[3:11:02] No one is bringing forward any ideas.

[3:11:06] You may not like the idea, but I'm bringing an idea forward that other share.

[3:11:12] We must act.

[3:11:15] We were told again what the dollar amounts were and how negative we are.

[3:11:25] Yes, it just was to kill it.

[3:11:28] We had a process that, generally, reflected your emotion, and that was to come back and

[3:11:34] October 1st, the city manager in the court to do that for us, and it needs to come back

[3:11:40] to the council.

[3:11:41] This proposal is that it could go out unseen by this council.

[3:11:46] This council needs to see it and approve it, it needs to be perfected upon by those who

[3:11:51] here in the community, the folks who are here in the evening and others who may have important

[3:11:57] information to share with us clearly.

[3:11:59] Mays to come back to this table before it goes out.

[3:12:03] That's interesting.

[3:12:04] This will come back to us with these amendments.

[3:12:09] This will come back to us.

[3:12:11] What this sermines is we have,

[3:12:17] some long-standing animosities that are cloudy, this can

[3:12:24] opportunity to explore what we can do. Clearly, that's what the problem is. You've got

[3:12:33] an engaged city manager. You've got a consultant that you brought on board that will

[3:12:38] engage us and walk us through the process. What is everyone afraid of? Let's move, let's

[3:12:53] We must act, and I'm clearly hearing based on what you're saying now by October 1st, that

[3:12:59] you are in support of this, but it is to whom is going to be in charge of how we get

[3:13:04] there.

[3:13:04] Ultimately, it comes back to this council and we decide we're accept, reject, amend or change.

[3:13:11] Don't let personal animosity stop us from moving forward.

[3:13:16] This is not the last step, the agreement, the final agreement that will be worked out with

[3:13:22] attorneys and the city manager will be what we approve. This is only getting it out on the street.

[3:13:29] Do it for those employees who don't know. Maybe nobody responds.

[3:13:35] Maybe the employees

[3:13:36] He's supposed to be a deeply flawed process thus far.

[3:13:41] That is your opinion, and we have engaged the professionals to do so.

[3:13:46] And the professionals are told that this is crazy.

[3:13:49] No, the professionals did not say that. Mr.

[3:13:52] Mr. Kelly, decode your terms.

[3:13:54] Decode your terms, please.

[3:13:56] Animosity.

[3:13:57] Call it as if you did.

[3:13:58] Call for the question.

[3:13:59] I tried that.

[3:14:00] Many go busy.

[3:14:01] I think one last statement.

[3:14:02] Let's call for the question.

[3:14:03] There is a motion in a second.

[3:14:04] We'll load on these in this motion.

[3:14:06] Point of order, Mayor.

[3:14:07] I've asked for it to be split up.

[3:14:09] So we're going to have to do this by motion.

[3:14:11] Well, motion one.

[3:14:12] Motion one.

[3:14:13] Number one is what was bad.

[3:14:14] All right.

[3:14:15] All right.

[3:14:15] I need to vote.

[3:14:30] I will be.

[3:14:31] All

[3:14:38] right.

[3:14:39] in the other motions before the council of this hour on this issue.

[3:14:43] I would like to make a motion.

[3:14:46] I think I misspoke.

[3:14:47] I thought I saw somewhere on there, and I don't think we have it on here that there's an extension

[3:14:52] of the wish that the BZ leader is in my there's it is.

[3:14:57] Well, I thought so, I went back and didn't find it.

[3:15:00] I would like to make a motion that the city attorney is directed to notify the county of San Bernardino that the city of San Bernardino intends to discontinue use of county disposal facilities effective January 1, 2013.

[3:15:13] Second, I can see the rates coming out of our ears. There is no guarantee that they will keep them in place, and I can tell you, if you think the review department is bleeding now and there is no layoffs, wait till that happens.

[3:15:26] That is actually part of a later agenda items.

[3:15:34] I'm making the motion now related directly to the refuse.

[3:15:39] Isn't that a city manager functional?

[3:15:42] I'm going to suggest that we wait until I got a matter.

[3:15:45] It's before us.

[3:15:45] I've made the motion.

[3:15:47] You have a second.

[3:15:48] Who's my second on this motion?

[3:15:51] Mr. Kelly.

[3:15:52] Okay, Mr. Kelly.

[3:15:53] motion of second to your votes on this matter please.

[3:16:14] And I'll be to know that.

[3:16:17] And make a second to any other motion.

[3:16:20] Motion to authorize the city manager to execute a surrender services agreement to be drafted.

[3:16:26] Miss McCamick, are you proposing to bring that forward to?

[3:16:30] Not any longer.

[3:16:32] Thank you.

[3:16:33] Thank you very much.

[3:16:34] Let's move on.

[3:16:35] the majority.

[3:16:35] Before we move to the point of order, Mr. Kelly, at the last council meeting, Sir, you made

[3:16:40] a motion that as I recall was passed by five council members, and it directed the city

[3:16:45] manager in the city attorney to work together, created our opinion, and to bring it back

[3:16:50] to the council to this meeting, is that correct?

[3:16:52] Within two weeks, that's correct.

[3:16:54] I just wanted to make it clear, Mayor, that what you said, that I have somehow done this

[3:16:58] on my own.

[3:16:58] I get it at the direction of five city council members, sir.

[3:17:01] Thank you.

[3:17:02] Let me be clear of the case, the motion that I had before me that was made last week, or two weeks ago was at the city manager working with the city attorney.

[3:17:11] It should work together with a consultant to determine how to begin this detail opportunity for the city and provide a status report to the council in two weeks.

[3:17:20] That's this meeting.

[3:17:20] You know, so that was not the motion, and I have it on tape, and I heard it just before this meeting.

[3:17:25] If that is the motion that you have in your book, that is not the motion that is verbatim,

[3:17:30] and I have a email from the city clerk quoting that very motion saying it was going back the RFP.

[3:17:40] And what happened was a couple of council members had different ideas, and they expressed those.

[3:17:46] But the motion was never changed by the maker of the motion or by the second.

[3:17:49] that's right. And that motion stood. The city clerk does not have the authority to change the motion

[3:17:55] because one or two council members say something. I think the confusion. We would have been

[3:17:59] audio tape right before the meeting and both the deputy and I and the language was the city manager

[3:18:06] self-imbactive council with an RFP no later than October 1st and she'll come back with a status update

[3:18:11] as to the activity up to that point to the next possible. That was when the conversation

[3:18:15] That was not part of the most short.

[3:18:17] Thank you very much.

[3:18:18] Let's go ahead.

[3:18:19] Point of the water.

[3:18:20] Point of the water.

[3:18:21] And I have an email from the city clerk, which staged the motion, exactly as Mr. Kelly said.

[3:18:27] We can argue about this.

[3:18:29] Just if you would.

[3:18:30] The details come almost.

[3:18:31] Pat, just if you would.

[3:18:32] I'd love to move on.

[3:18:33] Just just to move on.

[3:18:34] In all fairness, I think that the confusion is that the city manager said that I might need

[3:18:41] and tell October the first.

[3:18:42] But I made the motion, it was this meeting with an RFP that they might need until October

[3:18:48] the 1st when they consulted with the professional.

[3:18:51] But obviously, based on this memorandum we received September the 14th, it was an opportunity

[3:18:56] to work with the consultant.

[3:18:58] All right, let's move on to item A to B. This is a from Ms. McCamick. It involves her 9.2 adjustment

[3:19:07] to the pre-pensive land of Ms. McCamick.

[3:19:14] There were several questions and apparently some need for clarification.

[3:19:19] And now something else has come up that I think needs to be discussed here upon this item.

[3:19:28] A couple of council members called and said, well, did you mean this?

[3:19:31] Did you mean that?

[3:19:32] And how it was going to work?

[3:19:34] And what was the revenue suggestion going to be in order to pay for some of these items?

[3:19:38] So I've written it, adding just a few words to clarify some revenue or financial arrangements

[3:19:47] that would pay for some of these items, for instance, in terms of a library via Sénor

[3:19:52] had not been mentioned in writing, so I've put it in writing.

[3:19:57] I also had asked for some conversation in negotiations, status updates regarding the employee

[3:20:05] groups, this actually puts it in writing that this council needs a week or

[3:20:11] update on those negotiations and a timeline that describes events to the date of each

[3:20:16] status update. It also has for no layoffs to refuse and sewer workers.

[3:20:23] Mr. Camichael, I apologize, but we do the allergies draining in here.

[3:20:28] I can't actually hear it.

[3:20:30] There's been a lot of promotion I can't hear.

[3:20:34] I don't think quite on the audience, but he's not that much noise, but I understand the issue that Mr.

[3:20:40] Jenkins kills with the medicine to some hearing losses, results of allergies.

[3:20:47] So we'll be, we'll, we'll, in virtually quiet.

[3:20:50] And Mr. McKamick will speak up.

[3:20:52] Thank you.

[3:20:53] Thank you.

[3:20:53] I thought I was.

[3:20:54] I'm sorry.

[3:20:54] I thought you were too.

[3:20:56] Okay.

[3:20:59] Some of these things actually clarified what we had discussed.

[3:21:02] publicly and agreed upon to the majority to ask for the city manager to give us some

[3:21:08] clarifying documents back. I know she's working on them, but actually to have them

[3:21:13] in writing a little bit more specifically, I think gives us the ability to point to something

[3:21:18] that says this was the council action. As an example, I was told, I think it was by a library,

[3:21:26] foundation member in an email that said something to the effect of the city manager, even though

[3:21:34] you guys approved to keep row and via senior open for six months, and you provided potential

[3:21:43] funding to do such a such an action that she's told the library board and I'm not quoting

[3:21:50] you because I wasn't there, that she will not give a dime more to the library in order

[3:21:56] to accomplish what this council had asked for.

[3:22:00] And so when we talk about the public understanding that when this council gives the majority

[3:22:06] vote to something, to me it's very uncomfortable and discomforting to know that depending

[3:22:14] on which side of the three four you were on, city staff will move forward with certain things

[3:22:19] but they won't move forward with others and that's just concerning not only to me as a council

[3:22:24] member, but those two those that I present and also to the public since these are action

[3:22:30] items to serve the public. So with that said, these are just clarifications of the

[3:22:36] nine points. I'm hoping that my council colleagues are willing to support that action unless

[3:22:43] there's some other conversation that we need to have, but I would make the motion to amend

[3:22:47] and clarify the previously pointed 9. adjustment plan to the pre-pended supplant.

[3:22:54] I have a concern. Is there a second to that, but I don't know second.

[3:22:59] Okay, my plan of concerns about which we passed a dependency pre-pended supplant.

[3:23:04] And we begun to actually queue on that plan. Well, we did.

[3:23:08] And we're moving on a number of fronts here to make that reality.

[3:23:17] It's not a highly speedy process, it's kind of unfolded in the time-on-a-way with pumping

[3:23:25] my respect and the like.

[3:23:27] But we're on our way, and I'm deeply bothered by the prospect that we come back at the next

[3:23:33] meeting and we quote clarify in a man, what if Mr. Johnson comes back next, we can

[3:23:40] is, by the way, if I want to my library in my ward, be on that list, and somebody else says,

[3:23:46] you know, I've got some issues about issues in my ward, and that's, but I don't know,

[3:23:51] do not close, do not cut list, and this kind of process, we've already added back,

[3:23:58] was that a manager brought to us a budget, a pre-connancy budget that looked forward

[3:24:03] to having no more than a $7 million deficit when it was done.

[3:24:07] What we gave her back two weeks ago was one that probably had more like 10 to 10.5 million

[3:24:14] by way of it.

[3:24:16] We're going backwards.

[3:24:17] We are going in the opposite direction of responsible budgeting.

[3:24:20] And that gives me a great heartburn and to start down a road today in his mechanic

[3:24:25] with this do not list and the so-called clarifications and modifications.

[3:24:31] That gives me a great heartburn because this process should be going the other direction,

[3:24:35] not this direction.

[3:24:37] Might I respond now?

[3:24:41] I wasn't going to ask for this.

[3:24:43] But now I am.

[3:24:47] Every day that goes by, the numbers that we were given in the original pre-pendancy plan

[3:24:52] dated August 23rd have changed.

[3:24:55] We just got a memo dated today that has changed these numbers from August 23rd.

[3:25:05] And I wasn't going to ask for this because it creates more work.

[3:25:08] But I am not prepared to make cuts in any department until the numbers that were in this document

[3:25:13] August 23rd are now updated with these numbers from this memo from September 17th.

[3:25:19] And the reason I say that is,

[3:25:24] in many of the cuts within this pre-pendency plan,

[3:25:27] I do not see the methodology or the justification that corresponds with the reduction in revenue related to those cuts.

[3:25:36] Because many of those cuts that are listed in the pre-pendency plan were revenue-generating employees,

[3:25:42] above and beyond the cost of their vehicles, the cost of the computer, and the cost of their time and their benefit package.

[3:25:50] So, I would like to have the city manager and if I need to make a motion to do so, I would be glad to do that.

[3:25:56] I would like to have a revised pre-pendency plan in terms of

[3:26:02] the summary page, page one of one,

[3:26:06] that shows a methodology of the revenues in the top section and a breakdown of what exactly

[3:26:14] that means and show me where the reduction of the revenues that are corresponding with

[3:26:19] the reduction of employees appears.

[3:26:24] And I would like a revision of the revenues that were suggested and passed by the way by

[3:26:33] I vote at the last council meeting for the nine points without the clarification and amendments.

[3:26:40] And if you can do that, that would give us a much better understanding of what's left.

[3:26:45] If we can't get a clarification of the refuse transfers in and transfers out the same

[3:26:51] as sewer transfers in and transfers out, we don't have the whole picture.

[3:26:56] And I'm not trying to micromanage around $7.7 or excuse me, $12.11.7 or $10.7 million.

[3:27:03] That's a huge hole to have to then make decisions about cuts surrounding that potential hole.

[3:27:12] That said, again, today, buying my Starbucks in the city of San Bernardino, there was a fucking controlled Jeep.

[3:27:24] But perusing the carousel mall parking mall.

[3:27:30] Instead of driving every two-hour parking limit street,

[3:27:36] and I'll tell you, I understand you're trying to say gasoline,

[3:27:40] but if you're not finding any tickets and you spend all that gasoline,

[3:27:44] then what would be a better use of that person's time.

[3:27:47] That revenue is not now reflected in this pre-pendency plan.

[3:27:55] The code enforcement officers that weren't cut and the revenue generation above and beyond

[3:28:02] their salaries is not in this summary plan.

[3:28:06] And I've had a couple of council members tell me that this is the moving target.

[3:28:10] We know it's a moving target.

[3:28:11] But the moving on target also means humans, jobs, house payments.

[3:28:19] That moving target to me means the fewer people that have to lose their jobs.

[3:28:25] The much more easily I can put my head on the pillow at night, because right now, without all of that information,

[3:28:32] that is asked for in this nine point amendment and clarification,

[3:28:36] I can't make those decisions without the right, the proper amount of information.

[3:28:40] So, to your statement there, it may be a bigger hold, but without the associated revenues,

[3:28:49] you're just subtracting instead of adding and subtracting.

[3:28:53] And that's not the way math works.

[3:28:55] And if the benchmarks are going to be, are not going to be provided to these employees to

[3:28:59] create those revenue generation streams, which they currently have the ability and the resources

[3:29:04] and the talents and the tools to do, then shame on us.

[3:29:10] Thank you, Dan.

[3:29:13] Mr. President.

[3:29:14] Yes, sir.

[3:29:14] Okay.

[3:29:15] Thank you.

[3:29:16] All right.

[3:29:18] This is why I didn't vote for bankruptcy in the first place.

[3:29:21] Because I said, back, whatever date that was in July,

[3:29:25] that this council is not capable of coming up with a

[3:29:28] I'm going to see why I'm going to be accepted and gives through Bankruptcy.

[3:29:32] And when I asked for our city attorney two weeks ago at the last meeting, what happens

[3:29:37] to us if we don't get through Bankruptcy, the answer was in other words, he didn't say this

[3:29:43] but I'll clarify, he says, we're going to get through it, but all G code that means don't worry

[3:29:48] about it.

[3:29:49] Well I'm worried about it, I was worried about it then and I'm still worried about it.

[3:29:53] And at the longer we add as a craft and take a part and not listen to the people that have brought

[3:30:00] That of work there, you know, what's off for the last since we determined that we were in such horrible shape, our department heads, the city manager, everybody involved.

[3:30:13] And until we start trusting them,

[3:30:19] there's a good reason why that people don't trust us, but we better be starting to trust them.

[3:30:24] We've all stood up here and said we've got the greatest city manager going and we're so glad to have her on board right now

[3:30:31] She's leaving us in the right direction. Everybody is working in the right direction and we

[3:30:39] tend to be

[3:30:41] micromanaging the process the cuts are difficult, but they need to be made and the longer we take to make them

[3:30:48] The longer we're gonna be in this problem, and I'm not convinced that we're gonna be able to come up with a

[3:30:54] appropriate plan to get a bankruptcy judge to say, you people are serious about this.

[3:31:02] And from that point forward, I guess then we'll find out what happens after that.

[3:31:07] I do not support any changes to the original pre-pensive plan.

[3:31:11] I haven't voted on it.

[3:31:13] In the past, I won't vote on it tonight.

[3:31:15] I say, in the constituents and business people, I've talked to you, said, what do you

[3:31:19] people doing?

[3:31:20] Why didn't you vote on that pre-pensive plan?

[3:31:23] whatever number of weeks ago, four, six, I've lost track. I've lost track. And we need to get

[3:31:29] moving. So let's just stand with what we did last time. We moved the ball a little bit

[3:31:34] down the field. And let's move to the next level and do what we have to do as elected

[3:31:37] officials.

[3:31:39] Mr. Jenkins. Thank you, Mr. Mayor.

[3:31:43] Councilman Sheret. I want to trust and actually my applaud. I said to be known to see

[3:31:50] manager into the fire chief, thanking them for reaching out for the labor and man they got

[3:31:56] a tough job, all of our departments have a tough job.

[3:32:02] But when we started going down this road, we had the situation after the situation after

[3:32:06] the situation, the situation stand up and say, ask the hard questions.

[3:32:10] Find out what's going on.

[3:32:12] Part of the problem, and I strongly believe this, is that we haven't asked always the right

[3:32:18] questions, and we haven't drilled out.

[3:32:24] When you look at the corruption of other cities,

[3:32:28] and

[3:32:28] if you look at JPAs in our area, we trust the professions. And we can roll our eyes, and

[3:32:38] I know this is a taboo subject, and this is no blame to anybody else. But a certain JPA trusted

[3:32:47] Scott Spencer,

[3:32:50] he was the professional,

[3:32:54] and that's not an us in the world of hurt, unfortunately.

[3:32:58] The taxpayers are hurting because we trusted a certain professional, and we did not ask

[3:33:03] certain questions.

[3:33:06] So as one of my key rows, a former president said, trust the verifying, I will verify.

[3:33:14] Now, I'm seeing Andrew, I will give you the respect that I'm going to verify, and I'm going

[3:33:19] email, you know, I'm a text message here. I'm going to reach out to you. I'm going to verify.

[3:33:26] I spoke after the last council meeting with a leading businessman, probably a businessman,

[3:33:36] who probably brings in the most tax revenue into our city, and he flat out told me,

[3:33:43] You're revenue numbers are wrong,

[3:33:49] you're using a static budget.

[3:33:53] You need to look at a dynamic budget. Things have changed.

[3:33:56] You've had a lot of employees leave. You've laid off something.

[3:34:00] Should I can tell you that one of our car dealerships sold over 160 cars on Labor Day,

[3:34:09] the best since 1986, wasn't even class for clunkers to compete with that.

[3:34:15] But the best since 1986, that's revenue coming into our city.

[3:34:22] Now, Fred, I had one committee meeting.

[3:34:26] I praised you.

[3:34:27] You're a businessman.

[3:34:28] I'm not.

[3:34:29] I'm a public employee.

[3:34:30] I'm a school teacher.

[3:34:33] Before I ran for office one time, I criticized Mayor and hopefully you'll forgive me.

[3:34:40] But I made the comment, because you appointed some people to certain, I think the IBDA

[3:34:48] IBDA economic in for a region.

[3:34:54] And I was like, you need to be appointing business people on the Council to those positions,

[3:35:00] because in quite frankly, it's windy, Fred.

[3:35:04] You know, I think Rikki too, Rikki manages a successful business.

[3:35:09] They are in the representative of Rikki.

[3:35:11] Well, now they are, but at that time it was, it wasn't.

[3:35:14] But I was trying to demonstrate that time we should be trusting.

[3:35:18] Now, being the public school teacher that I am, and this is how often time the budget system works,

[3:35:26] constantly being made, well, where the cuts always made in the schools,

[3:35:30] The teachers and the instructional citizens, the direct services to the public.

[3:35:34] Every time I have to go through cuts, I turn around and there are more principles.

[3:35:39] At the district office, there's more renovations at the district office.

[3:35:43] It's amazing how beautiful the district office is.

[3:35:46] The grass is very green and moan.

[3:35:49] But we have not had book monies.

[3:35:53] We have not had new computers.

[3:35:55] We beg and plead for parents to donate basic supplies.

[3:36:02] And I see that happening even in this chamber.

[3:36:07] I agree with Councilman when we're in the mechanic.

[3:36:09] If cuts don't have been made, I'm not going to make it.

[3:36:13] If cuts have to be made, then so be it.

[3:36:16] But until I see the numbers that justify the cuts.

[3:36:20] Because whenever you cut, you're talking about a service to my constituent.

[3:36:23] and you're talking about it's cut to my home.

[3:36:30] And in regards to the last, we voted on this.

[3:36:34] This is just a clarify.

[3:36:37] So therefore, Madam City Manager, Mr. Mayor,

[3:36:40] it passed by five votes.

[3:36:42] It's veto proof.

[3:36:43] It's Walter.

[3:36:45] Those nine points are part of the pre-Penency plan,

[3:36:49] which went before.

[3:36:51] That would not be good.

[3:36:52] OK.

[3:36:53] And now we move into the game of interpretation.

[3:36:59] It's a game.

[3:37:00] And I can tell you that this counsel, sometimes we have voted

[3:37:04] 7-0 and it hasn't been implemented.

[3:37:13] Far beyond the veto proof and it hasn't been implemented.

[3:37:22] I support this for the certification sake.

[3:37:25] If we don't, then I know that the will of the veto-proof majority of the council will not be heard.

[3:37:39] And if I remember you certainly correctly, we as a council, and you know, really and I disagree on this,

[3:37:44] I believe we pass an RFP that do up to RFP for the cell phone towers, and I'm still waiting to see that.

[3:37:50] And how long ago was that?

[3:37:54] So I mean, this council keeps voting and acting acting acting quite frankly.

[3:37:58] A lot of times, it's just for not.

[3:38:02] Thank you.

[3:38:03] Thank you very much.

[3:38:04] Mr. Stiffham Johns has passed a slip in.

[3:38:09] I'm sorry.

[3:38:10] Thank you.

[3:38:11] I'm sorry.

[3:38:11] Thank you.

[3:38:12] Sorry, Mr. Johns.

[3:38:14] We talked about where is the money?

[3:38:18] There's no money in reserves. There's no money to pay retirees. There's no money to pay

[3:38:25] our leases that we have for our city. So, whatever we do, we know that there's no money.

[3:38:32] There. Now this money, this figure keeps moving the seven mistakes, but it's always

[3:38:40] in the negative. You know, we have to go away into the positive for we're in an even

[3:38:46] in any type of position.

[3:38:49] So right now, we have to move forward with this pre-inlacing.

[3:38:53] We still have to pin this in plan.

[3:38:55] That's going to come forward.

[3:38:56] And it's going to be more reductions in our expenditure.

[3:39:03] Any type of revenue and answer that we can keep talking about is going

[3:39:07] to be a long time.

[3:39:08] It's going to be a long time for the kids.

[3:39:11] But we have to bring that portion here.

[3:39:13] So right now, all the opposite is to reduce all its damage and the only way we're going to do that is to do that.

[3:39:20] Thank you.

[3:39:22] What's the second on the nine point revision?

[3:39:26] I need a vote on this.

[3:39:30] The amendment is revision.

[3:39:31] Mr. Jones.

[3:39:33] Mr. Jones.

[3:39:34] Mr. Jones.

[3:39:38] Good evening again.

[3:39:39] I have prior counts of me in seeking prior counts of me in the stress of my great concern

[3:39:45] over the reduction of two staff members in our sugar vision.

[3:39:51] So I've been my understanding that the transfer out before fiscal year 2012, 2013, has actually

[3:39:58] been reduced to a little under 800,000 for the amount for fiscal year 11, 12, it was 1.5

[3:40:09] So that's a change for about 13 in theorem.

[3:40:15] Okay, so right there you've actually saved money on the transfer

[3:40:20] else. Why the reduction in two staff members for a division that protects the health

[3:40:30] and welfare of our community and has no impact on the general economy.

[3:40:36] Thank you.

[3:40:38] Thank you.

[3:40:39] We need to vote down and we've got a motion that's must to count.

[3:40:43] I'll be there before you vote.

[3:40:44] That is a valid question.

[3:40:46] We're going to have an answer to that.

[3:40:49] I'm sorry.

[3:40:50] Madam Chair.

[3:40:51] Yes.

[3:40:51] The committee.

[3:40:53] When the Library Director was asking if we would like to give enough date on the discussion

[3:40:58] of the Library Board meeting and certainly we would.

[3:41:00] I do look at this agenda and this clarifying many of the things that were previously approved by the Council.

[3:41:05] I would say that my direction to the city library director, and she can confirm this for

[3:41:11] you herself, who was that our financial straits, our situation is dire, and that's

[3:41:17] something I consistently said when I look at our current liabilities, these are bills that

[3:41:22] are due, and it's $18.5 million, and I have total cash in the city of $18.5 million for a deficit

[3:41:30] of twenty-two million dollars or twenty-two thousand dollars, we are a dire financial

[3:41:35] straits.

[3:41:36] We don't have the money and so we're trying to do everything that we can to reduce costs.

[3:41:40] The question though, that was asked by Mr. Stefan Johns, and then made to you by Councilman

[3:41:47] Johnson, is he has said that the two employees that are due for reduction in the sewer

[3:41:55] on not general fund obligations, they are otherwise

[3:42:00] and why they, why are they then on the covers.

[3:42:05] The, as I've indicated previously,

[3:42:08] the sewer fund, the water fund, and several other funds

[3:42:10] are currently being analyzed.

[3:42:12] But what we found is that those funds are also

[3:42:14] running in a deficit position.

[3:42:15] And there are contributions coming in from the general fund

[3:42:18] to assist those funds.

[3:42:19] So the elimination of those two positions

[3:42:21] while they'll have a direct impact on the fund itself,

[3:42:24] They will have an indirect impact on the general fund, which is the one that I'm most concerned with at this point in time.

[3:42:29] And I would just clarify when I looked through Councilmember McCamix items.

[3:42:35] The only thing that really was maybe beyond a clarification is the fact that we reference the sewer positions, which had not previously been referenced.

[3:42:43] Everything else really is clarifying it's providing some additional revenue estimates and costs adjustments, which were currently in the process of evaluating what our intent had been.

[3:42:53] We are in the process of preparing the dependency plan because as I've indicated, these cuts don't go far enough.

[3:42:59] We still do not have a balanced budget that I could recommend that the Council approve.

[3:43:02] We are in the process of updating those numbers so that the dependency plan does have that.

[3:43:06] We will get that done much more quickly.

[3:43:08] But so we understand truly the magnitude of these changes.

[3:43:12] But also the fact that our employment basis changed at the time that we started developing that pre-financy plan.

[3:43:16] It obviously took several weeks to do and working with the departments and others.

[3:43:20] And so those numbers changed.

[3:43:22] We did see a mass exodus and employees that's leveled off somewhat now.

[3:43:26] So we have a better understanding of what our employment basis, which will facilitate the

[3:43:30] preparation of that.

[3:43:31] All right.

[3:43:32] We have a motion.

[3:43:32] A second.

[3:43:33] A little bit more clarification.

[3:43:35] So even now, when we go see those positions, one of the things we brought up is the health

[3:43:41] and safety, and successfully the health of those positions have that been taken into effect

[3:43:48] as we move.

[3:43:49] It has been, but again, they've been balanced with all the other various issues.

[3:43:54] I mean, the reality is, you know, we are also concerned about maintaining sufficient numbers.

[3:43:59] So please officers on the streets and firefighters and things like that.

[3:44:02] So unfortunately, we've had to balance all those things.

[3:44:04] It's, is it optimal? Absolutely not.

[3:44:07] Recommended any, any cuts to our organization that this time is really not optimal.

[3:44:11] But unfortunately, it's the position that we're in.

[3:44:15] Okay, but, but she didn't answer the question.

[3:44:18] Those positions that are listed for cuts and its two positions do not have an impact on the general fund.

[3:44:25] And again, I did ask that question.

[3:44:27] Currently we found that the sewer fund and the rep used fund are operating in a deficit.

[3:44:31] And so there is a general fund contribution that's being made to those funds to make them whole.

[3:44:36] It will have a direct impact on the sewer fund and will also then reduce the subsidy that's currently being provided by the general funds to that fund.

[3:44:44] You know, our goal would be that that fund and every other special fund really operates within their own means and does not require any kind of a contribution from the general.

[3:44:53] Are you talking about student line maintenance?

[3:44:55] Talking about generally, generally, the sewer fund.

[3:44:58] Okay, sewer line maintenance according to the document.

[3:45:00] Just give us funds available, unless I'm reading this incorrectly, it's $1.67 million.

[3:45:10] Okay, it doesn't look like I made it all to me, overall the fund in terms of what it cost to provide those services and the revenues that are currently there, we have anticipated there will be a subsidy to that.

[3:45:24] But if we're not taking any money from the general fund, how is that possible?

[3:45:30] Excuse me, not giving any money to the general fund, how is that possible?

[3:45:34] This is exactly the point now.

[3:45:36] The numbers keep changing.

[3:45:38] These Jason here could help you.

[3:45:40] He is.

[3:45:41] There isn't sufficient cash in the fund to be able to provide all those services.

[3:45:44] And we're trying to get that fund to a point where it can manage all this on liability.

[3:45:48] We can certainly have Jason's here, and also Michael Bush will see where they can address that.

[3:45:52] But again, the reality is those funds are not healthy enough to maintain the level of service

[3:45:57] that we are currently providing.

[3:45:58] I would like to see it in a document.

[3:46:00] I'm really so exhausted of the words.

[3:46:05] And I understand that I'm like, I believe the numbers don't seem to do anything in paper either

[3:46:09] because as I've indicated, we are suffering from a dire financial situation.

[3:46:14] And I recognize the cuts are very difficult, but we are doing our level best to be as transparent

[3:46:18] as possible and provide all the information in a very timely manner.

[3:46:21] But this information is changing and if you'd like to have Michael, Councilor Raquel, if you suggested that he came up

[3:46:26] They certainly are here at the Diaz and can address that specifically.

[3:46:29] That's general fun.

[3:46:31] Okay.

[3:46:33] I asked that we get an updated budget with the cuts that have already been improved.

[3:46:42] The revenue suggestions and whether you want to make them or not, if you're not going to hold the

[3:46:47] employee's accountable and we send all this money asking for these employees to be accountable

[3:46:52] through consultants. Then you know what you might as well just close the doors. If you're

[3:46:58] not going to make those people responsible for providing the revenue that they have the tools

[3:47:01] to provide and you're going to accept mediocre behavior, then intent to accept it's back to

[3:47:09] mediocre behavior. No, I tolerate it. But I do think we have to understand the situation

[3:47:13] that are employment bases in, they are concerned about their jobs, they're concerned about

[3:47:18] what the impact of this council's failure to make decisions and cuts is going to be on them.

[3:47:23] They're concerned about even receiving a paycheck, and it's very difficult, we're trying

[3:47:26] to deal with these situations, to also enforce certain standards who are doing that, but I don't

[3:47:31] know that that's revenue I can book at this time. Okay, then I would like to have, I would like

[3:47:35] to make an additional motion that goes along with the nine point plan, because, obviously,

[3:47:40] If we've approved an item from two weeks ago, asking for certain cases of information that we still don't have in order for us to make these appropriate and financially complicated decisions, then the secondary portion of that motion would be to get an updated budget and budget summary, including an explanation and the methodology of the revenues that are coming in.

[3:48:04] and any additional revenues that you expect to come in that have been approved by

[3:48:08] Castle Action, and a reduction of the revenues that were approved by the cuts by Council

[3:48:14] Action.

[3:48:15] And if I can get a second to seeing that document, I would appreciate it.

[3:48:18] And certainly we can provide that as Council Member O'Kamick is aware on this entire council.

[3:48:22] We've already provided 18 years, worth of data on our revenues, so we can certainly update that

[3:48:26] because we do have more current information based on the more recent projections.

[3:48:30] Ms. City Manager, that I'm sorry, but I feel completely insulted by your

[3:48:36] insinuation that I'm stupid with what you just said.

[3:48:40] I know that there's 18 years of information, I studied every penny of it.

[3:48:45] I'm talking about what has occurred since the news of the first week of July.

[3:48:52] The retirement, the exodus from City Hall, and all the related expenses, the

[3:48:59] but we're approved at the last council meeting and all of the related expenses and the revenues that were supposed to be seen by those people that we cut.

[3:49:11] I'm asking for a document that updates this budget summary.

[3:49:16] I would prefer if you would like my help in helping you, which I thought I was doing a good job of up until about 30 seconds ago.

[3:49:24] I would appreciate it if you would help me gather the information that I've asked for and by the way that was approved at the last council meeting by five votes that I still don't have.

[3:49:35] And I appreciate that I really don't need any assistance. I indicated that we would get it to you, we're in the process of doing that.

[3:49:41] But we're also trying to make sure that you have current cash reports and things to that nature and that seeing more critical given the fact that we aren't able to pay our current liabilities.

[3:49:48] I agree with you that updated information is valuable. We need to have it for no other reason and we now need to know what that whole that we're attempting to fill is.

[3:49:57] So I concur completely that that information needs to be updated.

[3:50:00] Mr. Kelly, then I'm going to go to Simpson and Mr. Bush.

[3:50:05] I'll talk once again about the importance of the cuts that were recommended and the deficit that exists within the sewer fund and the backfill that's required.

[3:50:16] Curve with the general fund to make that fund whole.

[3:50:21] Thank you.

[3:50:22] Thank you, Kelly.

[3:50:22] Andrea, I'm just an observation quickly.

[3:50:29] Well done.

[3:50:31] Can't put professional to me now.

[3:50:34] We had a conversation earlier this afternoon.

[3:50:36] All of us about those types of things.

[3:50:39] I understand that everybody is frustrated.

[3:50:42] And that's what I expect.

[3:50:44] whether it be talking with the council or electronic communication.

[3:50:53] So, well done.

[3:50:56] It just for a little point of clarification for myself.

[3:51:03] We're $22,000 short right now.

[3:51:07] Did I hear that correctly?

[3:51:08] As of today, as of today, $20,000 short.

[3:51:12] Is it possible?

[3:51:14] Do we work with our vendors, et cetera, to say, look?

[3:51:17] We anticipate that, well, we've been, it's been shared with us that there are dry

[3:51:24] periods in municipalities, therefore they borrow from funds and then they pay them back

[3:51:29] later on. During those dry periods, is it the professional practice of other municipalities

[3:51:35] to work with vendors and say, look, this is the down period and we're going to pay you

[3:51:40] later on when these revenues come in. Is that an option that a city has?

[3:51:45] It certainly is an option. Some cities take longer to pay than others, which kind of helps their cash flow, because then they have that period that float peri built in.

[3:51:54] Is that a policy and ordinance that the municipalities have to say that, for example, if you deliver a case of water, we're going to pay for that case of water next quarter.

[3:52:10] But most cities have policies where we will have to pay within a certain time frame.

[3:52:14] So the access standard, I don't believe these that we have in this handers for.

[3:52:19] We generally try to pair of vendors within 30 days.

[3:52:22] But again, I don't know if that's a council policy, because there are no real financial policies in place.

[3:52:26] It's been a lot of our contract agreements.

[3:52:29] Generally, the payment terms, you know, define when the invoice and from the data invoice when there.

[3:52:35] I'm sorry for sleeping, whomever is mayor and future councils and city staff and I'd be

[3:52:40] something to say, because we don't know what economic downturn is going to be hit

[3:52:44] in this in the future that we might want to pay a vendor in 30 days if it's as we go through

[3:52:50] that, but that really isn't to this nine point thing, but it makes me kind of understand

[3:52:56] what the better is to where we, how we do business and how we operate.

[3:53:00] And we've been honest with some of our vendors and just indicated to them,

[3:53:05] we will do our level best, but it is when to take us longer.

[3:53:09] We're trying to pay for more critical services.

[3:53:12] And Kudos to those vendors who are working with us, right?

[3:53:15] I understand and the concern of the song that we don't want to be

[3:53:21] tinkering with the tendency plan, we've adopted it for a reason.

[3:53:27] And I would caution as we go forward in the future that we don't be trying to work here and work there and what about this?

[3:53:37] And we'd like this to be safe.

[3:53:40] But I feel that these are legitimate and fair things to be requested that was done the last time.

[3:53:46] I think it was indicated that it was a good compromise.

[3:53:49] I think Councilman Johnson, you know, kind of broke some things apart, so we're going to kind of put the good compromise and I thought we were headed in that direction, but I guess on the agenda I had previously I guess we were, we're not we're any closer to solving our long term problem because I think we still have $7 million out there that we're short.

[3:54:14] Well assuming that we had adopted it as and again, we're going to define now what that gap is, but yes, if we had adopted everything, that was the projection at that time.

[3:54:24] And if we had acted without a veto on the previous time, come January 1, we might have had some opportunity to bring the revenue in.

[3:54:33] And it could save those two employees that might save other employees that might give us the ability to fix the irrigation comes with some parts, or I understand we can't buy asphalt and it might give us an opportunity to buy some asphalt so we can fill some potholes and the list goes on and on.

[3:54:58] I don't have a problem supporting this state, but I would urge my colleagues that as we go forward with a tendency plan that's going to come to us, in

[3:55:11] order to stop the hammering, because based on the action that was vetoed tonight, I think that we get those numbers that Councilmember McKamak is looking for.

[3:55:25] It's going to be a lot worse than what we thought it was going to be because we haven't done anything

[3:55:30] because there's fuel cost, maintenance cost, lease obligations, the list goes on and on and on.

[3:55:38] When she'll time, time that our employees are going to be out and

[3:55:46] I guess

[3:55:49] my concern is that

[3:55:53] I'll go ahead and support the item, but I want to make sure that as we go forward, that

[3:55:58] we're not tinkering too much and unfortunately,

[3:56:03] unfortunately, we did not act on an opportunity

[3:56:07] that could save some future reduction in the force.

[3:56:13] Thank you.

[3:56:16] We've had an explanation, but the city manager was a guard, Mr. Johnson's question.

[3:56:22] Mr. Johnson, we have Mr. Simpson here, Mr. Bush, really questions about them on this.

[3:56:27] All right, so let's thank you, gentlemen.

[3:56:30] I have a question. Yes.

[3:56:33] When will this, since we're talking about the pre-Penency Plan,

[3:56:37] when will this pre-Penency Plan be filed in court?

[3:56:42] There is no plan to file the pre-pandency planning court.

[3:56:46] It is the penalty plan to be filed.

[3:56:48] This is one ahead of it.

[3:56:51] We are moving to what the goal of a penalty plan that a penalty plan, I believe, required

[3:56:57] that we have a balanced.

[3:56:58] The penalty plan has to require, it has to be filed, Mr. Glassman informs me that he

[3:57:04] intends to mention to the court that the Council adopted a pre-pandency plan, but he

[3:57:09] is not intended to file it with the court at this time.

[3:57:13] So the pre-pandancy plan was not just clarified, it was not a legal requirement.

[3:57:17] In essence, it was a fancy way of saying city budget.

[3:57:24] Well, I don't want to get into the political aspects of it.

[3:57:28] The pre-pandancy plan was not required by the bankruptcy court.

[3:57:34] We did adopt a budget at the same time, and when you certainly, when you voted on the pre-pandancy

[3:57:41] plan you adopted a budget for the entire year.

[3:57:46] Thank you.

[3:57:47] We have a report required on this.

[3:57:50] Ms. McCamick amended her motion, but I did not hear a second.

[3:57:54] I will second that motion.

[3:57:57] All right.

[3:58:01] How does the manager do you have any final thoughts on the second manner?

[3:58:04] I just mentioned to the city attorney part of the reason why it was presented

[3:58:08] as a pre-pandency plan is because I knew that the cuts were very drastic.

[3:58:11] We didn't present that as a budget for you to adopt, but as a pre-pensive plan because it's not a balanced budget.

[3:58:19] And ultimately the court is going to require, and that's why the PINSE plan will be presented to the court, but this one probably won't other than just mentioned.

[3:58:28] Because ultimately the court expects that we have a balanced budget, a way that we can at least operate.

[3:58:33] Recognizing we have long-term issues, and we may have a cash deficit from a prior year, we're trying to resolve.

[3:58:38] But for this operating period, they expected to be a balanced budget and we really just aren't there yet.

[3:58:43] We're trying to get there, but we're not there.

[3:58:45] And I think you for the clarification, I guess the issue I have with it, is the public perception was out there that this was a mandate that this was a requirement by the court.

[3:58:58] And, unfortunately, us seeing up here have a transparency problem, and so when the public has a perception of what's supposed to be happening,

[3:59:08] then we find out later on the road will know actually that wasn't a requirement.

[3:59:15] It just causes more distrust in their local government.

[3:59:22] I'll be honest with you, this councilman, and I think most of us up here, thought the

[3:59:28] pre-pensive plan was a legal requirement.

[3:59:31] At no time was it said, we may not, we don't have to, we may mention it, we may not.

[3:59:38] We were never told any of this stuff, actually what we were told was, you need to pass this

[3:59:44] right now.

[3:59:46] You can't mean, you can't mean payroll.

[3:59:49] I understand.

[3:59:49] We don't have a balance budget.

[3:59:50] But quite frankly, I think we've been, as you said, we had deficit spending for many years that this council has passed.

[3:59:58] But remember, part of the reason did...

[4:00:00] Attorney wants to mention this is because we, according to the court, should already have had a

[4:00:06] dependency plan that was approved by this council and that we were operating under.

[4:00:11] Okay, so why haven't we done that?

[4:00:13] Well, because we need to get to an agreement about how we're going to eliminate $45.8 million of spending.

[4:00:20] You know, the court's expecting that we are operating in a manner that is within our means at this point.

[4:00:26] I think there's been some miscommunication with the city manager.

[4:00:31] For what Mr. Glassman has told me, it isn't anticipated by the court that we would

[4:00:36] submit the penalty plan until after the challenges of the Court's jurisdiction have been

[4:00:42] completed, and I'm sure that there's just a miscommunication there between Mr. Glassman

[4:00:49] the city manager. He's advised me that the other cities that a file bankruptcy have had,

[4:00:58] a pre-prenency plan where they call it or that, that or not. He wasn't 100% sure of that.

[4:01:04] I asked him when the penalty plan would be filed. I mean the obviously answer is when

[4:01:09] it's adopted. But when it, if there was a deadline, he said there is no deadline in the

[4:01:18] jurisdictional challenges have been adjudicated.

[4:01:22] That's the creditors who are challenging, whether we're actually bankrupt or not.

[4:01:26] So I don't want to leave you with more misinformation, but I'm, I'll just say that,

[4:01:36] I know the city manager and I both find Mr. Glassman challenging.

[4:01:40] He's an expert on bankruptcy. Bankruptcy law. He's really focused in on that.

[4:01:44] And as you sometimes try to convey to those of us, even though we're both, she and I are both lawyers,

[4:01:51] as you try to convey to us an area of law that neither our city manager or anyone in my office was dealt with,

[4:01:59] we sometimes find we have to go back to work verification.

[4:02:02] And I think one of the problems that we face is those cities adopted balance budgets.

[4:02:06] They actually had, but just had been approved by this council and they were operating under.

[4:02:11] And we weren't at that point.

[4:02:12] So, our situation is very unique even from among the four cities that have already filed in California.

[4:02:18] We are very different and many respects.

[4:02:20] Yes, if you're familiar with it, if you're familiar with it, if you're familiar with it, because we're thankful.

[4:02:27] I haven't seen the manager, I just heard the city turn, and I'm not going to speak for the entire council.

[4:02:33] We've heard repeatedly that this is a complicated matter, and it's very difficult for us to really get around this.

[4:02:45] And I know that we have a lot of special meetings, you know, but we've kind of seen you back on the other two week track right now.

[4:02:54] Is it possible that we can maybe get Mr. Bush, you know, to come in and kind of give us a, you know, give us a kind of a lesson 101 so to speak on on how all these, how this is going to be going, we're going to be going in conjunction with the attorney's office and

[4:03:16] And with the special counsel that we brought on, so that we can understand that a little bit better can live an education on it.

[4:03:23] I was made clear that you are always still learning. Hopefully no one ever has to, you know, go through this type of thing again.

[4:03:29] But if you have an informed counsel, we can understand a little bit better. We can work with you and someone might, since the teachers at the end over there,

[4:03:38] and you know that there's no stupid question, someone can ask a question that say, hey, we never thought about that and we can look at that.

[4:03:44] So I would ask that we please consider doing that, so that that will save a lot of time here

[4:03:50] where you're taking us and how we're going to get there as opposed to, and it might

[4:03:55] work on some of the trust issues.

[4:03:57] And we certainly can do that.

[4:03:58] The only thing I would suggest is that we have Mr. Glassman there because we can speak from

[4:04:04] a financial perspective about cities and budgets and things like that, but some of this

[4:04:08] is complicated by the fact that we're in bankruptcy.

[4:04:10] This isn't a normal process that we would be going through.

[4:04:13] Mr. Bush, would you help us with that?

[4:04:15] You won't charge us, William.

[4:04:17] Thank you very much.

[4:04:19] And glassman's already under contract, right?

[4:04:24] Dr. Randy Mr. Bush could weigh in on the penancey plan

[4:04:28] that we filed now, because even though he's not in it,

[4:04:30] I don't think he's in the attorney.

[4:04:31] And he's been involved in this bankruptcy process,

[4:04:35] as well as Mr. Glassman, maybe he might have some insight.

[4:04:38] And Madame Siddharth, thank you for that, Mr. Bush.

[4:04:40] Thank you.

[4:04:41] I think it would be very helpful to this council.

[4:04:44] The better we understand the better we can respond to people who will leave the library

[4:04:47] or the grocery store and explain to what's going on and then the more informed we are

[4:04:52] the better we can work with you on getting to where we need to be.

[4:04:55] All right.

[4:04:57] We're way on topic here, but I suggest maybe we vote on this item and then we can ask for clarification

[4:05:05] There are after on the decisions that obviously concern the council.

[4:05:12] We do have a motion before us in the second.

[4:05:14] Let's go on that, please.

[4:05:19] All right.

[4:05:19] It does not pass.

[4:05:22] Let's then move to Mr. Bush.

[4:05:23] Mr. Bush.

[4:05:24] Pardon me, Mayor.

[4:05:25] I made the motion.

[4:05:27] So that means that we're not going to get the updated information about revenues and expenditures.

[4:05:31] Since that was part of the motion.

[4:05:35] I tend to provide that anyway.

[4:05:37] Okay.

[4:05:37] So there were things I asked for in the 9.5 plan to go that I still don't know.

[4:05:41] And I apologize, we are trying to turn out the financial data that everyone wants as quickly as we possibly can.

[4:05:46] So I'm sorry, but I want to make sure that the information is accurate before I give it to you.

[4:05:51] So we're laying off sewer workers leaving the city sewer system, a tremendous public risk.

[4:05:59] When the city, when the city's general fund doesn't pull from it, in years past has paid for itself.

[4:06:08] And that is in years past, and again, we made recommendations to this council.

[4:06:13] Those are just recommendations and we understand that.

[4:06:16] Whatever the council directs us to do, but we're trying to come up with $45.8 million.

[4:06:21] If the council wants to direct us not to lay those people off for a period of time, we can certainly do that as well.

[4:06:25] Okay, Andrew, you're not asking us to come up with 45 anymore.

[4:06:29] We've already made the cut number here.

[4:06:32] Well, as we keep saying, the same number, the public keeps hearing the same number,

[4:06:37] but the numbers are changing because we have already taken a huge amount of action.

[4:06:43] That's why we have activated numbers.

[4:06:45] We have acted on the motion, let's move along.

[4:06:47] In fact, let me suggest this.

[4:06:50] This conversation is now in a four and a half hours and I'm suggesting that a conversation with regard to the Pre-Pinacy Plan and the Penacy Plan

[4:07:04] We scheduled that for our next Council meeting with the Special Council here with our city attorney here with Mr. Bush here with Jason Simpson here and we have that conversation

[4:07:16] I think the workshop would be better, because we have so much that we do here Mr. Mayor

[4:07:23] and so much tension sometimes in the workshop would be better saidy for us to resolve that.

[4:07:31] Well, all that takes time and preparation and being that staff, moving in a host of directions right now to get us information we need.

[4:07:41] I'm a city manager, has pledged to get to Ms. McKamick, those things that she's asked for

[4:07:46] and her nine point plan that was perhaps two weeks ago.

[4:07:52] Let's fine.

[4:07:53] But I would disagree that a workshop is vital.

[4:07:57] It's the right kind of setting for it and to educate this council on how we're going

[4:08:00] to be going forward with these critical decisions that affect our residents.

[4:08:06] And I'm going to take a brief break here to allow people to actually refresh themselves

[4:08:10] And then we'll go to the next round.

[4:08:12] And Mr. Mayor, just two things, just about the scheduling of that.

[4:08:18] Our intent is to finish up those numbers.

[4:08:20] We're working to do that now.

[4:08:22] May very well be this week or early next that we have those.

[4:08:24] And so then any time thereafter that we have a workshop or a workshop.

[4:08:28] No workshop.

[4:08:28] We're going to come back to the next council meeting.

[4:08:30] And it's you want to come in?

[4:08:31] All right.

[4:08:32] City manager, I was saying that.

[4:08:34] You need to get a consensus.

[4:08:36] The bankruptcy issue is litigation.

[4:08:38] and we, any workshop we have have been treated the same way as in the community.

[4:08:41] It would be a public, published agenda that would be separate.

[4:10:52] This action is more

[4:11:36] to California country, where each week we tour the state to find the best

[4:11:40] people places and things that make up our great state of California.

[4:12:37] The partners, it's all about agribility.

[4:12:40] The point of the program is to help farmers and ranchers and their families succeed in agriculture.

[4:12:46] From a Kentucky farmer's struggle to regain his life fashion, to an Oklahoma caseworkers

[4:12:51] That skill at physical rehabilitation tool with constant dairy

[4:12:55] woman's quest to overcome debilitating arthritis.

[4:12:59] Agribility is hard at work across America.

[4:13:02] We're investing in people, people who can change the lives of our clientele,

[4:13:07] and who are making some terrific investments.

[4:13:23] Welcome to partners.

[4:13:25] In the next half hour, we'll travel over nation and save right

[4:13:28] through work and research education and extension.

[4:13:33] That's what CSR UBS is all about, helping universities generally valuable knowledge for those who need it, and educating our next generation of Americans.

[4:13:43] And now, it's time for partners.

[4:13:57] The Farm is a dangerous place.

[4:14:00] Agriculture is considered one of the most hazardous industries in America.

[4:19:33] AECC, which is a resolution authorizing

[4:19:44] motion. Is there a second, please?

[4:19:51] Second to the motion.

[4:19:54] AECC. Second, second, your votes, please.

[4:20:04] I'm sorry, I'm getting there.

[4:20:16] But I'm understanding correctly,

[4:20:21] Nancy Manager, Mr. City Attorney. Why?

[4:20:27] Why are these lumped together?

[4:20:31] They should be too separate contracts.

[4:20:36] and actually I think that they should be more than that and I think it was truthfully

[4:20:43] just for ease because when we hire them initially their company provides a whole host

[4:20:47] of services and kind of the way things were happening we realized that we needed

[4:20:50] specialised services and just kept adding to it so we actually probably really should

[4:20:55] separate these into multiple contracts and we can go back and back and back and back

[4:21:01] I'll get over first.

[4:21:02] That's like second.

[4:21:04] Motion is second.

[4:21:05] You can do weeks.

[4:21:06] I'll cover the first.

[4:21:08] Let's put on that motion, which means the clear first.

[4:21:31] Thank you very much.

[4:21:33] Let's move them to item eight.

[4:21:37] The.

[4:21:38] Such is the.

[4:21:40] Apart apartments.

[4:21:42] Opposed pre-pendency plan.

[4:21:45] And we'll turn to city manager and the fire chief before discussion on that.

[4:21:53] So, sort of recommend that city manager.

[4:21:56] Members of Council, thank you.

[4:21:58] FB last.

[4:21:59] And I don't know if it was the last council meeting I apologize.

[4:22:01] I don't have it in front of me.

[4:22:02] I was switching gears.

[4:22:04] But the council directed is that the fire chief review the proposed changes to the pre-pensive plan.

[4:22:11] that was presented by Mayor Protem, Chad Kelly,

[4:22:14] and then compare those to the pre-finnancy plan

[4:22:18] as proposed by the fire chief,

[4:22:19] the fire administration, the city manager's office,

[4:22:22] and then identify or have discussions with various

[4:22:26] interested parties, and then come back

[4:22:28] and prepare a series of recommendations.

[4:22:31] The fire chiefs had a chance to go through those,

[4:22:32] and he's here this evening to record on the proposed changes

[4:22:36] paired by Councilmember Kelly,

[4:22:38] and then our thoughts about, we might modify the propensity plan to restructure the organization

[4:22:43] to achieve some cost savings. Certainly, it's not the cost savings that we had originally

[4:22:47] anticipated, but to achieve some cost savings, and then, again, make those policy recommendations to the council.

[4:22:53] He has a report that the City Clerk will distribute to the council. I apologize for the lateness,

[4:22:59] but he was working on it through the weekend. I received various emails from him somewhere that

[4:23:04] and the summary of this item, it was posted to the city's website today for members of

[4:23:08] the viewing audience and then we will get this one posted as well.

[4:23:13] All right.

[4:23:37] We'll turn to the fire chief,

[4:23:42] hold on.

[4:24:04] I'll

[4:24:14] go over the plan and the comparison between the two plans and my recommendation at the end of what my best opinion is for the plan.

[4:24:26] Mr. Kelly brought forward a proposal that had included eight items.

[4:24:32] I'd like to point out that four of those items were already included

[4:24:34] in the Penency Plan in one form or another.

[4:24:38] I'll try to emphasize or concentrate on the four items that were not included

[4:24:43] already in the Penency Plan, but I'll mention all eight of them.

[4:24:47] Mr. Kelly's proposal, as listed, saved approximately $2.2 million

[4:24:52] After reviewing the document and going through actual budgeted amounts, my best estimate of the savings associated with that proposal is actually

[4:25:02] approximately $1.9 million.

[4:25:06] And reviewing the documents, as I mentioned, there's some valid proposals that we had taken into consideration and incorporated into the city's pre-pensive plan prior to the release of Mr. Kelly's proposal.

[4:25:18] The fire department selection did include the adoption of staffing efficiency, and these are included

[4:25:25] vacation vacating the deputy fire chief's position, keeping vacant the fire marshal position,

[4:25:33] also eliminating the public education officer, doing a reorganization of remaining division

[4:25:39] and battalion chiefs, elimination of the cadet program, and vacating the disaster preparedness coordinator

[4:25:46] when that position became vacant.

[4:25:53] Also included in the proposal that we have included was the elimination of discretionary

[4:25:59] funding, the elimination of a firefighter position, which we had included, and we had

[4:26:04] also included several others, and vacating a fire prevention officer position.

[4:26:08] As I mentioned, the first item that was presented was the staffing efficiencies.

[4:26:15] This was adopted by the Council on July 2nd.

[4:26:18] After further review, and going through the document, and verifying the numbers, I believe

[4:26:24] a more accurate number, Mr. Kelly proposed savings in $950,000, I believe the actual estimated

[4:26:32] savings would be $748,496.

[4:26:36] That's included in a attachment attachment A as a comparison.

[4:26:42] The second item on Mr. Kelly's proposal was to cut one battalion and reassign the personnel

[4:26:48] changing companies. This would require three battalion chiefs to be

[4:26:53] demoted and move back to a captain level. With the resultant loss of three

[4:27:00] battalion chiefs, this would leave a staff at three battalion chiefs, one

[4:27:04] per day, along with one fire chief. This would be less staffing and management than

[4:27:12] Rialto, Lomolinda, Colton, our surrounding fire departments.

[4:27:18] We would have less staff than they do, and we're either 304 times as big as those cities.

[4:27:26] If we adopted this, there would be a 60% reduction from our 2008 levels of chief officers.

[4:27:34] In 1995, the City Attorney's Office issued an opinion that outlines illegal concerns of

[4:27:39] time, chiefs, and truck companies are cut.

[4:27:42] This document was prepared in 1995, not only are the concerns still valid today, but I believe

[4:27:47] in line to the challenges that we face today as a result of the 9-11 attacks, the need for

[4:27:53] chief officers is greater than never.

[4:27:56] One of the primary concerns that the city of turnies office had at the time was exposure

[4:28:01] to let litigation as a result of the management failure.

[4:28:07] Part of my partial list of my concerns with the elimination of one to giant, which would

[4:28:13] equate to three to giant machines.

[4:28:16] We would fail to have adequate command and control on large incidents, including earthquake,

[4:28:21] high-rise incidents, large commercial fires, large wild land fires, multiple fires at the

[4:28:27] same time, et cetera.

[4:28:29] Staffing for the emergency operation center during times of disaster, without the appropriate

[4:28:37] The number of chief officers, the fire department could not staff that appropriately and run the incident at the same time.

[4:28:45] It's been suggested that we have a captain or some other personnel staff that is possible on some levels, but in the EOC and of a disaster of this magnitude, where you need that staffing, that is not possible.

[4:29:02] The daily supervision of both routine and emerging operations at 24 hours a day, seven days a week, 365 days a year would rely on one battalion chief for a 24 hour day, each 24 hour day.

[4:29:18] That span of his span of control would double, and that exceeds the nationally accepted standard of one to seven.

[4:29:29] The Kelley proposal indicates that administrative duties may fall behind, and assistance from other qualified personnel would be implemented.

[4:29:36] Fire administrative is anilite.

[4:29:38] The staff is analyzing over the past several years, and has been unable to identify a method to complete these duties.

[4:29:45] Partial list of these duties are personnel investigation, maintaining training records, hiring new promote employees, promotional testing,

[4:29:52] And these are even more significant now and like to the other cuts to other departments.

[4:29:57] Oversight of safety equipment uniform budget.

[4:30:00] It's support of IT radio support, oversight of dispatch, oversight of the MS coordinator, shop and equipment, oversight, resolving specific discipline issues, etc.

[4:30:13] One of the other key ones is applying for in the management of grants that would almost be eliminated, or at least greatly reduced.

[4:30:25] The Kelly proposal does not identify any personnel or method to absorb these functions.

[4:30:30] It elutes to some, but there's nothing specific.

[4:30:34] It does promote, it does.

[4:30:36] His proposal also does propose to eliminate more non-safety personnel that dispatch supervisor

[4:30:41] and EMS coordinator for their impacting the remaining chief officers.

[4:30:49] One of the issues that was brought up in Mr. Kelly's proposal under this section was

[4:30:56] He mentions that the initial assignment, and I'll quote it exactly, this initial assignment

[4:31:02] would reduce the initial attack capability by one person, rather than the brown-out alternative,

[4:31:08] which reduce the initial fire attack by one engine and three firefighters, eliminating

[4:31:13] any possibility of rescuing a person in need.

[4:31:18] I'd just like to point out, this statement is false on misleading, he's referring or it refers

[4:31:23] to an engine company captain, assuming command of a fire, thereby that would fragment his crew

[4:31:29] reducing it to two.

[4:31:34] And then that would be through the duration of the incident.

[4:31:37] That's assuming there is no other battalion chief available.

[4:31:41] As far as reducing the number of units responding, that is incorrect.

[4:31:47] Currently, our initialist wants to structure fires four engine companies, one truck company

[4:31:50] the chief officer and the quote states that this initial response will be reduced by one during

[4:31:56] a brownout and that's not true at all. We'll always send four units if one engine is not available,

[4:32:04] we'll send the next closest. So I'm not sure where that quote from came from. They also

[4:32:09] will lead to talking about limiting the possibility of rescuing a person in need. That is

[4:32:15] In correct also, any two firefighters on scene of a fire can affect a rescue, I don't understand

[4:32:23] that comment.

[4:32:25] Anyway, there are reaches a point when the expectation for staff members to continue

[4:32:30] absorb more responsibilities become very responsible.

[4:32:33] With three fewer of its energies, it will be virtually impossible to perform essential.

[4:32:38] Runs the operations in this administrative duties.

[4:32:40] The city will also recognize a decrease in service to the community in an increase in unsafe working conditions.

[4:32:48] The second part of our answer, the third element of Mr. Kelly proposal was to eliminate one firefighter position.

[4:32:55] It was identified to save 150,000 after closer examination is actually 137,000.

[4:33:02] My proposal included that, I went farther to further reduction of seven firefighters for $940,000,000, $4,000,000.

[4:33:12] The fourth element of the Mr. Kelly's proposal was to eliminate the dispatch supervisor.

[4:33:20] Again, I'm opposed to this cut also, but there's some factors that I'll mitigate if I'll get to later on that we may be able to include this in our

[4:33:32] as we move to bankruptcy.

[4:33:36] The fire communication management position

[4:33:37] provides daily supervision of our emergency

[4:33:40] communication operations as well as performing other

[4:33:42] essential tasks that we are mandated to perform to

[4:33:45] maintain compliance with our emergency medical

[4:33:48] dispatching that we currently do and with our

[4:33:52] MR contracts, which is our contract with our ambulance

[4:33:55] company.

[4:33:58] We are mandated to perform quality assurance reviews on

[4:34:01] ongoing basence in order to sustain compliance. I've met with both AMR and ISMA, who oversee

[4:34:10] emergency medical delivery, ISMA oversees emergency medical delivery in the county, and

[4:34:15] they both have serious concerns about our ability to maintain compliance with mandated standards

[4:34:20] if the dispatch manager position is eliminated. I believe the immediate fact of the loss

[4:34:29] of this, as well as our UMS coordinator, would be the loss of our contract with AMR.

[4:34:34] That currently generates approximately $250,000 annually. AMR said that both of those

[4:34:41] positions, if they were eliminated, would probably pull us out of compliance, and they

[4:34:46] would cancel the contract.

[4:34:49] The Kelly proposal mentions that a ship battalion chief is assigned as a administrator

[4:34:53] of dispatch can remain responsible to oversee an administrative operations and on duty, and

[4:35:00] would make the able to make day-to-day decisions.

[4:35:04] The reduction of three additional these, the besides sheets, which already doubles their

[4:35:08] supervision responsibilities, it's very unlikely or reasonable to assume that they're going

[4:35:16] to be able to absorb that extra duty to oversee dispatch at the way it should be.

[4:35:25] As I mentioned, in the original Pre-Gundancy Plan, and I just alluded to at the beginning

[4:35:30] of this section, we are,

[4:35:35] This will take several months to see if it is viable to enter into an agreement with them.

[4:35:41] Once all the information has been obtained, we will bring it forward for consideration.

[4:35:45] We are also in discussion with the police department on the feasibility of combining police and fire dispatchers within our dispatch center.

[4:35:53] We may be able to realize the cost savings and improve some of our operations by combining them.

[4:36:00] Our staff will analyze both options, and we'll bring them back to Council, with our recommendation

[4:36:06] as which one may be adopted or to remain status quo.

[4:36:11] The fifth proposal, item on the Security Council was to eliminate discretionary money.

[4:36:16] Again, I have this included.

[4:36:18] I've reviewed the discretionary funds further, of identified an additional $124,700 in savings,

[4:36:25] and that will bring that total actually to a 206,900 dollar savings.

[4:36:31] That will result in the elimination of our wellness and fitness program

[4:36:34] and restructuring of our traffic collision cost recovery program.

[4:36:40] The six element was the elimination of a higher prevention officer.

[4:36:44] That also was included in the original plan.

[4:36:47] I just like to point out that the revenues associated.

[4:36:52] I'm sorry, the revenues and the associated work with those positions will not be realized

[4:36:58] and they will need to be filled at some point.

[4:37:00] If we continue to leave this position vacant or we allow other positions to stay vacant

[4:37:05] as they happen in that division, right now we're able to work as slow down with the loss,

[4:37:13] actually, a few positions we've lost the fire marshal and the fire prevention officer position.

[4:37:19] We're trying to adjust as best we can, but there is a decrease in revenue.

[4:37:25] The seventh item was a consolidation of the fire and city mechanic shop.

[4:37:31] There was an savings identified as $60,000 per year in a question mark after that.

[4:37:40] There is, through my research, the best is I could tell there would be no savings from the fire department budget.

[4:37:47] This is a lease that is administered, or it's part of the EVA.

[4:37:52] Therefore, I don't have control over that in my budget.

[4:37:56] I'm not sure whether this would land as far as the general fund or what obligation it would be.

[4:38:02] Just to briefly go on, we've looked at this over the years to consolidate these.

[4:38:09] The Kelly proposal space that our current fire department can be consolidated.

[4:38:15] And for several reasons, I don't feel this is feasible.

[4:38:20] The city maintenance shops do not have enough room to allow for the added volume of

[4:38:24] work and as we heard tonight, the refuse department may or may or may not include a bid

[4:38:30] that would allow maintenance to continue at the shop.

[4:38:35] As I identify later on in my document, if this is outsourced, refuse and the shop space

[4:38:43] It does open up.

[4:38:44] It may be feasible for us to move over there, but that is an unknown right now.

[4:38:49] As I mentioned, we've looked at this over the years.

[4:38:51] There's also no room to store our equipment, and also our reserve equipment.

[4:38:57] We need to have that inside safe and secure and access to it 24 hours a day, seven days

[4:39:04] a week.

[4:39:05] There is just simply not to room at the maintenance shop.

[4:39:09] the current city maintenance shop to do that.

[4:39:13] Additionally, we would anticipate a relocation cost of approximately $25,000 would be

[4:39:20] we would incur that cost to physically move all of our equipment tools everything

[4:39:26] from our current shop to that shop.

[4:39:28] That's based on when we moved from our shop that was on each street.

[4:39:38] Fire management staff will, again, as I mentioned, continue to explore this option if refuse is outsourced.

[4:39:47] As I mentioned in my presentation to Council,

[4:39:50] Rogoli, that the last meeting, our shop, we do have an opportunity to outsource our shop.

[4:39:56] And by that I mean, we can market ourselves, our smart mechanics to do work for other local fire agencies to repair their fire equipment.

[4:40:05] We had actually entered into an agreement with the Forest Service, we were close to actually implementing that plan.

[4:40:14] Unfortunately then we've been furthered this more a few hurdles, but it is still a very viable option.

[4:40:20] And we would continue to reevaluate this to try to help us set our costs.

[4:40:26] The final proposal in Mr. Kelly's plan was the elimination of the emerging medical services coordinator.

[4:40:35] As I've already mentioned, several things as part of our just-back supervisor, both AMR and ISMA have serious concerns about maintaining our compliance with various mandated items if we lost this position.

[4:40:55] It was alluded to that 2DMS coordinator position could be assumed by two current captains at

[4:41:01] Station 2-21, as well as the EMS committee.

[4:41:04] I spoke in with those two captains and they both said they'd be willing to take on the

[4:41:07] added duties of the EMS coordinator if asked.

[4:41:10] They also acknowledge it would add a tremendous workload for them personally and take away time

[4:41:14] from their daily job as a fire captain.

[4:41:18] I anticipate that the captains would have to be relieved of their duties as a shift captain

[4:41:22] on a daily basis for several hours, this would require that other personnel do their work

[4:41:26] as well as causing the truck arranging a company to be on a second call, which would

[4:41:31] delay a response.

[4:41:33] Or I'd have to backfill that position possibly with the off-duty captain, and carrying more

[4:41:38] costs.

[4:41:41] I believe the EMS coordinators essential to the entire fire department operation, as I mentioned,

[4:41:48] the AMR, in our contract with AMR, it's specifically says,

[4:41:55] that we will keep employed at all times key personnel responsible for quality improvement, program training, education programs, and overall analysis, and coordination of rescue deployment, resource deployment, excuse me, and a safety committee.

[4:42:13] The EMS coordinator currently performs several of these duties in addition to the oversight of the EMS program.

[4:42:20] It is unknown if the shift captains will be able to perform these duties and others.

[4:42:24] Also, I assume I had concerns if a shift captain was a collateral duty for them to perform as an EMS coordinator.

[4:42:32] All the other cities that currently have a captain or suppression person doing that,

[4:42:36] they've assigned them to a day shift.

[4:42:39] They are not a collateral duty.

[4:42:44] As you, some of you may know, I assume, is in the process of an overhaul of the emergency medical transportation plan

[4:42:49] throughout the entire county.

[4:42:51] This will come to fruition in approximately a year and a half.

[4:42:56] I mentioned this in the pre-pendancy plan.

[4:42:59] The EMS coordinator will play a key role in this process

[4:43:02] as we move through this.

[4:43:04] You mentioned probably public private partnerships tonight.

[4:43:09] There's an opportunity for us to change the way we do

[4:43:13] if EMS delivery within our city.

[4:43:16] there are some opportunities for us to bid for our own MS transportation or some variation

[4:43:24] thereof, and the MS coordinator is going to play an important role in that.

[4:43:31] There was an item or a section in Mr. Kelly's proposal, it said efficiencies to defer

[4:43:37] administrative expenses. I'm going to just touch briefly on those. Again, it's in the material.

[4:43:44] We have 20 current safety positions,

[4:43:49] that would require, we could fill those positions,

[4:43:52] that would require us to go out to do testing, also to, which would take several months.

[4:43:57] We're going to have to do that regardless, probably after the first of the year.

[4:44:02] Additionally, it costs just over $5,000 per individual to outfit them when it's running out

[4:44:07] of safety closing.

[4:44:08] That would be an additional $200,000 I'd have to locate within the budget to outfit those personnel if we went out and hired them.

[4:44:17] My proposal that all presents you in just a minute would require the immediate hiring of seven per minute firefighters rather than the 20.

[4:44:28] With respect to retirements, I would anticipate that the department will need to hire an additional 10 personnel before by the end of the fiscal year.

[4:44:37] That number is very elusive because I'm trying to guess on people's retirement dates.

[4:44:45] To date I know of four more people that will be retiring starting in October towards the end of the year.

[4:44:52] And that changes.

[4:44:57] The other second item in there was a...

[4:45:00] Within the current promotional list, until exhausted, I would, I'm in favor of that, I would do that. And just so, you know, these will probably be exhausted. Anyway, before they expire, which is in the spring, we'll probably promote everybody off of them regardless of what plan we go with.

[4:45:17] The item number three was training firefighters during shift training instead of fire tower training, I don't think this is the appropriate place to really explore this.

[4:45:27] I am agreement to look at minimizing the amount of time we spend there to maximize our cost savings but this would be required.

[4:45:38] There are several reasons for that. Again, it wasn't quite an active statement that was presented in there.

[4:45:43] We have some obligations to ISMA and also some OSHA requirements that we have to meet and it's

[4:45:49] very difficult to do that on shift if non-impossible.

[4:45:52] In fact, some of the people we hire probably won't be able to go on shift until we do

[4:45:57] some training with them.

[4:46:00] In summary, the proposal Mr. Kelly presented, if it were to be adopted, would save approximately

[4:46:07] only $1.9 million. There would be a minimum of two layoffs. There would be eight

[4:46:13] emotions. Those emotions would be three. Our battalion chiefs captains and engineers.

[4:46:23] They would have to relocate the fire maintenance shop and it would result in the elimination

[4:46:27] of the central positions from when the fire department.

[4:46:32] I'm proposing a plan that will

[4:46:33] save approximately $2.9 million annually.

[4:46:39] There will be no layoffs or demotions.

[4:46:43] There will be a loss of 13 vacant safety positions.

[4:46:46] The loss of these positions will cause all-enchant and

[4:46:50] truck companies within the city to be staffed by three people.

[4:46:55] And we'll result in the loss of a two-person paramedic squad that would be from

[4:46:59] station 226 on Del Rose, just below Highland.

[4:47:04] There will be no fire station closures or brownouts.

[4:47:08] I will just briefly just review the table that I've included.

[4:47:13] And I'm going to be happy to answer any questions you have.

[4:47:17] The staffing efficiencies is listed.

[4:47:21] It shows three positions.

[4:47:22] That's a public education officer.

[4:47:25] The deputy chief position has been vacated

[4:47:27] and the fire marshal positions have been vacated.

[4:47:31] Fire prevention officer that was

[4:47:33] became vacant in August as of August 1st.

[4:47:37] Also, I might add the staffing efficiencies identified

[4:47:40] the division chief position.

[4:47:41] It's a third chief officer that was eliminated.

[4:47:44] I didn't include it here because we actually

[4:47:45] eliminated that position in 2008.

[4:47:50] I think it was late 2008.

[4:47:54] The discretionary funds, I've added more to that for a total, I've added in additional $124,700.

[4:48:04] And then as I go down, there's the $75,000 for $95,000 savings and the six pure medics for another $900,000.

[4:48:15] For a $2.9 million saving.

[4:48:21] And just, we will work towards, as I mentioned, we're going to work towards including Mr.

[4:48:28] Kelly's ideas of relocating the shot, which I think is a feasible idea if refuse

[4:48:34] his outsourced, and also we're going to look at some efficiencies within dispatch either

[4:48:40] combining with police side, and within our own dispatch center, or possibly outsourcing

[4:48:48] to be compensated, depending on how the numbers come in.

[4:48:51] If you have any answer any questions.

[4:48:54] Well, I'd remember to the council, you have relatively comprehensively comprehensively.

[4:48:59] I've heard it before you.

[4:49:01] Eight pages?

[4:49:02] What's that?

[4:49:02] Do we have speakers?

[4:49:03] We should hear this.

[4:49:04] We do.

[4:49:06] Just to note that we do have an eight page detail response from the fire sheet and a textured list of the

[4:49:17] Savings that the chief at $2.9 million saving is no matter if it is to survive.

[4:49:24] We do have speakers so let's just one brief one pat.

[4:49:28] I'm sorry.

[4:49:29] Ricky, incidental.

[4:49:30] Thank you.

[4:49:33] Chief,

[4:49:36] did you give the City Management Office the reduction in revenue that corresponds with that they can

[4:49:47] that happened on August 1 for the fire prevention officer.

[4:49:51] I haven't done that yet because it only happened as of August and we are trying to calculate

[4:49:56] it now.

[4:49:57] So it's only been a few months.

[4:49:59] But for 11 more months.

[4:50:02] Correct.

[4:50:03] We're actually able, and the hard part to calculate is we're able to keep up with some of

[4:50:06] the work, but not all of it and we don't know how much it's going to fall off just yet.

[4:50:11] Okay, well that's just, that just illustrates my point that when we lose an employee that's

[4:50:17] that the plan hasn't caught up with that revenue reduction, and you know, I'm hoping the existing employees

[4:50:26] stepped up to the plate and not only produced the revenue that that employee would have produced, but more.

[4:50:32] But again, that's not in plan that we were presented in August. So that's just kind of illicit at my point. Thank you.

[4:50:40] Mr. Johnson, thank you. I appreciate the comparison with both proposals. However, the original

[4:50:52] proposal caused for, I think, 3.4 million dollars correct in reduction in this one is

[4:51:00] only 2.9. Correct. The major difference, if I might, is rather than proposing that the

[4:51:08] the elimination of the responding engine. I proposed the elimination of a squad. I listened

[4:51:14] to the council, I listened to some other input. So we don't close the station. All 12 stations

[4:51:22] will remain open. I tried to mitigate that. There is, but also it comes with a corresponding

[4:51:28] loss of approximately a half million dollars.

[4:51:31] There are also, I'll pay seven, where you talk about the efficiencies to defer administrative

[4:51:37] expenses.

[4:51:39] Are you proposing hiring seven new people?

[4:51:41] I would.

[4:51:42] Yes.

[4:51:43] And I'm glad you brought that up.

[4:51:45] Either way we go.

[4:51:46] We're critical right now, as far as to make sure all our positions are filled.

[4:51:55] And if this proposal that I presented right here was passed or adopted, I would advocate

[4:52:03] to go out in higher seven.

[4:52:04] We have six individuals as of a month or two ago that had passed backgrounds and we're

[4:52:08] ready to move on to the next phase with them.

[4:52:11] We could offer them a job.

[4:52:12] We also have another group that we're ready to look at again.

[4:52:17] But yeah, we would need to do that.

[4:52:18] And I just want to add them and go off topic here just briefly.

[4:52:21] there's been a lot said about the overtime that the fire department earns, the firefighters,

[4:52:26] captains and engineers, I just want everybody to know that you're going to see a lot this

[4:52:31] same for this year and I'll take responsibility for that and the reason I'll do that is because

[4:52:37] we've been asked, we've been asked in January, to prepare a reduction of cost savings and we've

[4:52:44] for proposals to the council throughout this year, and none of them were adopted, but yet we're

[4:52:52] kind of have our hands tied. We can't, I wasn't able to hire, because we have a safer grant.

[4:52:58] We could jeopardize that and some other things that said, no, just keep it, keep status quo.

[4:53:04] Our vacancies are prepped up to 20. We have to backfill those, and the reason we have to

[4:53:09] just to maintain the staffing that we have. So until we actually cut a unit off the street,

[4:53:15] you know, that's just to keep minimum operations going. That's what I need to do. So

[4:53:20] it's no fault of the firefighters. I'll take responsibility for it. So you're going

[4:53:25] to see some big numbers again this year. But that's just the nature of our business.

[4:53:30] I'm sorry, a member as far as over time.

[4:53:33] Correct.

[4:53:34] But as much as a pivotal tour of staffing model,

[4:53:39] I'll continue with staffing model.

[4:53:41] Well, that's in part.

[4:53:42] There's a minimum.

[4:53:44] And that's what's very confusing.

[4:53:45] People confuse minimum of staffing and constant staffing.

[4:53:48] Minimum staffing is where a city may say,

[4:53:50] we want to staff thirty firefighters per day,

[4:53:53] or thirty personnel per day,

[4:53:54] there's several surrounding cities that have that.

[4:53:56] And they're tied to that.

[4:53:57] Our constant staffing is that there's a vacancy.

[4:54:00] to fill it with an off-duty firefighter.

[4:54:02] We don't carry extra firefighters that would, in other words,

[4:54:06] we incur the cost of either carrying an extra person

[4:54:09] and then putting them into a hole with sick position

[4:54:13] or an injury position.

[4:54:17] And that's the way we used to do it.

[4:54:18] We used to carry 18 firefighters over.

[4:54:21] That's it.

[4:54:22] Is it not a substance that must cost with format?

[4:54:25] It because it's just an uncalled firefighter's supposed.

[4:54:29] No, you're actually paying them in and that's why we went to constant staffing. It was actually cheaper at the time

[4:54:35] And you have to balance what their person what their cost are

[4:54:38] What a cost employ them salary benefits all of that and then factor that in with time and a half. So it's it's a it constantly changes right now

[4:54:49] And don't go beyond it

[4:54:52] But I know for the firefighters it was slightly cheaper entry level firefighters

[4:54:55] It's a higher to fill a position with a new firefighter, but that changes as benefits change and

[4:55:02] purge rates change on the employer side.

[4:55:05] So, if I heard you correctly, you can constate, man, you say you used to say money?

[4:55:09] It can go both ways, and that's why I said, it hasn't saved the city money.

[4:55:15] I believe in the past it has.

[4:55:16] So all of this year is a meeting up on the overtime that saved the city money, interesting.

[4:55:21] So thank you.

[4:55:23] Since I'm still asking questions, I appreciate coming out of mine sharing the floor.

[4:55:29] It's contemplated, but generally we move there.

[4:55:33] Definitely say money.

[4:55:34] You have to be on analysis every year.

[4:55:36] So what we have right now is the hiring, the minimum and cost.

[4:55:41] That's a good analogy.

[4:55:44] We can't reduce the number of people that we deploy every day until the council gives us approval

[4:55:49] say hey don't don't staff that don't put four people on that unit only put three and once once

[4:55:56] once we have that approval then we could not staff one of those positions so until we get that approval

[4:56:02] yeah we're kind of out of minimum staffing level so one thing that kind of mind when you mentioned

[4:56:10] out in the sources of the mechanic.

[4:56:15] So obviously, we have people that are looking

[4:56:17] to fire department and also have that ability to win.

[4:56:22] As far as I'm sorry, mechanic.

[4:56:25] Well, we have our shop mechanics.

[4:56:27] And they're actually certified as fire mechanics.

[4:56:30] There's extra training that they have to receive

[4:56:33] that have to be certified.

[4:56:35] So we currently have our four at the shop.

[4:56:38] We may have to add an additional mechanic or two, but the cost or the answer to revenue that they would produce would offset their cost.

[4:56:47] We're more than pay for themselves, and then probably in most, but we wouldn't do it unless it helps offset our costs also.

[4:56:54] We've had several departments locally approaches, and they're interested if we can get the program up and running.

[4:57:02] If

[4:57:06] we have another fireman, the panic ability, that will be held for a long part.

[4:57:14] Yeah, we actually are, it's tough.

[4:57:18] We'd have to reassign them to the shop and the firefighters, it's more expensive than a mechanic.

[4:57:23] So we wouldn't want to hire a mechanic as far as cost.

[4:57:28] We used to do that, we used to, when we got, we were down to just a couple mechanics and for a period of time we would go in there and do our own work.

[4:57:37] As firefighters take a unit out of the service for an hour or two and we would change oil, change shires, do those kinds of things.

[4:57:43] Believe me, that is not somewhere we want to go.

[4:57:45] I've done it and it's not a good option.

[4:57:49] I like our mechanics, our mechanics do a great job.

[4:57:54] All right.

[4:57:54] of the questions of the people who she, who she read.

[4:57:57] My question is on the city manager.

[4:58:00] You have a great Tennessee plan.

[4:58:03] Your pre-Penency plan was counting on 3.4 out of fire,

[4:58:08] and now we're 2.9, and if the chief is satisfied,

[4:58:13] the key can operate at that level, that's fine.

[4:58:16] But what does that mean to the dependency plan?

[4:58:19] Pre-Penency plan?

[4:58:20] We got to get that 500,000 somewhere else.

[4:58:26] As I indicated, we're in the process of updating the numbers based on the changes that the council has made over the last several weeks.

[4:58:33] The revenue adjustments and things.

[4:58:35] So I don't really know exactly what that's going to mean because there have been a whole host of changes.

[4:58:39] But yes, this does affect that number.

[4:58:41] It's no longer 7 million, but it's not 7 million anymore because of some of the other changes.

[4:58:45] I understand.

[4:58:46] But it is going to impact.

[4:58:48] I mean, if we take out over here, it's going to impact over there unless we're replacing it with some sort of revenue.

[4:58:56] Okay, thank you.

[4:58:57] We have afternoon earlier.

[4:58:59] We do have speakers.

[4:59:01] One of them is speakers now.

[4:59:02] We can do the conversation at the table.

[4:59:05] All right?

[4:59:06] We'll call our speakers up then.

[4:59:08] Paul Sandborn, followed by Eric Kestival, followed by Deb.

[4:59:13] Bunker, or Burger.

[4:59:18] Would you be able to do that?

[4:59:24] Good evening.

[4:59:25] Good evening.

[4:59:26] Good morning, Council.

[4:59:29] What your hand is there?

[4:59:30] you can look at that while I talk to you. The maximum number of positions that could be reduced

[4:59:38] could be around $22, and that would be roughly around $2.9 million. This will likely

[4:59:45] result in delays in the tacking structure and wildline fires potentially leading the

[4:59:50] increased life and property laws. It's no fact that engine staff with three personnel

[4:59:55] or less, can wind up at 38% less defective.

[5:00:01] Firefighter injury rates increased by as much as 36%. You watch the fires down there, as you see in Woodland, whatever you call it down there in LA.

[5:00:11] That stuff is dry up there. I don't know which program you're going to go with, so that's the reason I'm talking the way I am.

[5:00:17] I don't want any reductions. I don't want any votes leading. That's the way I would like to see it.

[5:00:26] We're coming up against the tough deal.

[5:00:28] The other thing is, too, if you wind up start cutting people or doing any brownouts on any

[5:00:33] station, you could be as far as way as 18 minutes before they get there.

[5:00:39] If you're lucky enough, maybe you've got a friend who'll give you CPR for 18 minutes so

[5:00:42] the fire gets there.

[5:00:44] That's if you're lucky enough.

[5:00:51] The one other thing that I wanted to cover is, we're down 20 positions and looking at

[5:00:59] this pre-pandancy plan, I'd like somebody to explain to me how it is that we go from

[5:01:04] 33 million to 36 million to 39 million dollars. How are we keeping up 3 million dollars a year?

[5:01:15] I'm trying to figure that out. Looking at this, I mean, this don't make sense to me.

[5:01:22] No answer?

[5:01:24] We'll respond after all those because it's okay.

[5:01:27] Okay, thank you. Have a good evening. Thank you, Mr. Senwa.

[5:01:30] Eric Eskival,

[5:01:44] Mary Council, my name is Eric Eskival. I'm a citizen of the

[5:01:48] Tangi for the fire department here. We all have a tough job to do here. I've

[5:01:53] been working here 26 years, and this is not the type of decisions that we want

[5:01:57] to make as administrators. We want to see our fire department flourish. We want

[5:02:02] to see them grow. I've been out there with you. I've been out there with you

[5:02:07] for a lot of you as a firefighter because I believe in what we do. Unfortunately, we have

[5:02:15] a severe budget crisis. We don't want to make the cuts. But we've been sworn to serve,

[5:02:24] we've been sworn to serve our people, the firefighters here, we've been sworn to serve

[5:02:30] Our community, our residents, our city to be responsible to our city leadership, and also to

[5:02:37] our business partners in the city that generate the revenue for this community.

[5:02:43] The difficulty that we face is in making this all work.

[5:02:48] It's very difficult to make a work.

[5:02:52] Because of that, I ask that you support our fire chief in a balanced cut.

[5:03:00] it reduces liability. As he mentions in 1995, there was an opinion from the city attorney's office saying to not cut.

[5:03:11] He would open this up to liability. We had 10 chief officers at that time. We have 7.

[5:03:16] This current proposal takes us to a 60% cut. That equates if we were to look at it as 7 fire stations closing.

[5:03:26] that's very drastic.

[5:03:31] The ISO-grading scale, which is the insurance services office, states that

[5:03:36] whenever there's more than two fire stations you should have in the system chief in order to

[5:03:40] back up the chief in the case he's gone. For every eight companies or major fraction thereof,

[5:03:46] you should have a suppression battalion chief. We have the two, and we shouldn't go below that.

[5:03:54] We have 14 fire companies at this time.

[5:03:59] The industry standard in fire services is five to one span of control.

[5:04:03] Now that depends if you can go down to three,

[5:04:05] or you can go to seven dependent on the technicality

[5:04:07] or how much work needs to be done.

[5:04:11] There's a lot of NIOSH reports.

[5:04:13] NIOSH report is the National Institute for Occupational Safety and Health.

[5:04:18] And in those, there's always five common denominators.

[5:04:22] One of them is lack of incident command and control, lack of an incident safety officer,

[5:04:28] crew fragmentation, communication issues, and lack of an assistant for the incident commander.

[5:04:36] I ask of you to support the fire chief.

[5:04:39] We have a BMW fire department right now, but we have a Corolla budget.

[5:04:44] Don't eliminate the safety features.

[5:04:48] Thank you.

[5:04:48] Thank you, Mr. Westerko.

[5:04:50] Deb, her or is it, is it funger, and it's funger?

[5:04:57] Thank you.

[5:05:00] Good evening, Mayor and Councilman.

[5:05:02] I'm Deb Vunger.

[5:05:03] I am from Friendly Village.

[5:05:05] In the last, less than a week, we have had two fires.

[5:05:08] One in Friendly Village with a fresh can between two homes.

[5:05:12] And one in Orange Ward along a fence line.

[5:05:14] Both we feel were set by kids just playing around.

[5:05:17] Had it not been for the rapid response of the firefighters in that area, we would have homes gone and people would be homeless right now.

[5:05:26] And if anybody is familiar with the mobile home, the older ones just takes one little spark and the whole thing is gone.

[5:05:32] They wrap, they burn very rapid and very hot and they will jump from home to home.

[5:05:38] So by having one start, it can change reaction to the whole park.

[5:05:41] It's a major concern with the people and these two parks.

[5:05:45] We would really like to keep our fire stations in Ward 3 open.

[5:05:49] There are many mobile home parks in that area, and they also, in 1911, from what I

[5:05:54] understand, jointly worked with Colton Rialto and Womalinda.

[5:05:58] But from what I understand, there's no compensation from those three cities for our help in

[5:06:02] their cities.

[5:06:04] And that would be an area that may be needed to be looked at as a form of bringing in revenue

[5:06:09] for the city.

[5:06:10] Thank you very much.

[5:06:13] Barbara Whitman.

[5:06:17] Barbara Whitman.

[5:06:22] Followed by John Mattley.

[5:06:51] Good evening.

[5:06:53] I'm a resident of Ward 3.

[5:06:56] I've been a resident since the late 1960s

[5:06:59] have seen a lot of changes there.

[5:07:02] And I want to say,

[5:07:04] along with just lady,

[5:07:06] don't cut the fire or the police.

[5:07:09] I live within two teams of the city line between San Bernardino and Redlands.

[5:07:17] Redlands doesn't take care of anything out there.

[5:07:20] They could care less.

[5:07:21] They got all kinds of big warehouses and so on.

[5:07:27] They could care less what happens to the people in our neighborhood, which is right next door.

[5:07:34] So, on Mountain View Avenue, which actually should be residents responsibility, they don't.

[5:07:41] I drove by there a couple of days ago and I saw a white cross.

[5:07:45] I've never seen any white cross of there.

[5:07:47] So, somebody died right there near the ten freeway.

[5:07:51] Okay, next.

[5:07:56] I said, police, don't cut police.

[5:08:00] San Bernardino Avenue is very, very busy.

[5:08:03] One afternoon we counted on 19 state-of-big wins, one down our street, San Bernardino Avenue,

[5:08:14] and the afternoon on Sunday.

[5:08:17] Now, Jack Brown said, oh no, we're so we're going to be like that when they built their ability

[5:08:23] there on a typical move.

[5:08:25] Well, it is there.

[5:08:27] I think Jack Brown knew it.

[5:08:29] And I'm sure he's a very fine person, but there's no responsibility as far as

[5:08:34] traffic, lots of children are on that street, waiting for school buses every day.

[5:08:41] You've seen in the morning and afternoon, that's when we need the police.

[5:08:47] We need the protection.

[5:08:49] I do suggest one cut,

[5:08:54] code enforcement.

[5:08:56] They become a nuisance to us instead of the help.

[5:09:01] So, cut too well, you want to make a cut, cut in code enforcement.

[5:09:07] We don't need them that much.

[5:09:10] And they go and they harassed people.

[5:09:12] This one lady, they harassed her till she had to borrow $10,000 to get work on her roof.

[5:09:20] Other couples that live out there, we don't have a rich residency.

[5:09:25] It's an old, old area.

[5:09:27] So, think of our people. Okay? You want to cut somebody, cut, go in for us. Thank you.

[5:09:36] John Mattley, followed by Jim Smith,

[5:09:56] here, member of the Government members of the Common Council.

[5:09:59] First, I don't believe that the presentation Chief just did is posted on website anywhere,

[5:10:05] so I would encourage that people out there because I know there's a lot of people in the community that would really like to see this analysis.

[5:10:10] It was hard to digest it when you're just hearing it and not seeing anything.

[5:10:17] I am concerned about the lack of actionable risk data in what's been presented so far.

[5:10:23] Budgeting for public safety is an exercise and risk management.

[5:10:26] It should be data driven.

[5:10:27] It requires no great expertise to state that altering public safety resources can either increase or decrease the risk of public safety.

[5:10:34] The question should be, what is the cost of a particular public safety initiative?

[5:10:37] What is the expected cost in life and property if that is not money is not spent?

[5:10:43] Can we afford the cost?

[5:10:44] Can we afford the risk?

[5:10:45] And can these dollars be spent more effectively in some other public safety initiative?

[5:10:51] What is the impact of the proposed changes to public safety on any of these plans?

[5:10:56] For most of these items, this is completely no-able.

[5:10:58] Somewhere there is historical data that tells us what the impact of the community would

[5:11:02] be to close the station, reduce chief officers or eliminate any other specific service.

[5:11:06] If you don't have the resources, I'd suggest maybe reaching out to a community asking for volunteers to help you dig through the data.

[5:11:12] This might be something where you find there are some people in the community that can help.

[5:11:18] Without the data, the decision makers are left with nothing but gut-fail intuition, fear, and certainty and doubt.

[5:11:23] Mostly, we just have arguments filled by emotion, but we are left of in a real knowledge.

[5:11:29] This has been my great frustration about a string of public decisions that have occurred over the years in the city.

[5:11:35] How many firemen do we need on an engine?

[5:11:38] What's the impact of closing in neighborhood public safety office?

[5:11:41] What's the risk of running out of fire station and many other decisions?

[5:11:45] On all these issues, the risk are easily quantifiable, but they are never quantified.

[5:11:51] I urge you to take this opportunity to begin a culture of professional risk management, analyze

[5:11:55] the data, quantify the risk, and let the council make an informed decision.

[5:12:00] If you need help ask, you might be surprised how many offers come in from the community.

[5:12:04] Thank you.

[5:12:05] Thank you.

[5:12:07] Mr. Smith.

[5:12:17] I'm getting out of a rare city council person.

[5:12:20] Staff.

[5:12:22] It's a great deal of honor to have the opportunity to discuss this very important matter.

[5:12:28] I raise and support of the Fire Chiefs' compromise plan.

[5:12:34] I do that for quite a few reasons.

[5:12:36] The main reason I think tonight that really nailed it for me was that testimony was

[5:12:42] given by the gentleman, the firefighter from the county. I mean, he's an expert. We talked a lot

[5:12:50] about tonight, a lot, about trust. We have to trust our professionals. Citizens come up, can

[5:12:57] come up here, Councilman can talk about different areas, but they run the department. So let

[5:13:05] him run the department, just like all of our other departments. You accepted all of their plans,

[5:13:13] including the police chiefs plan, so why is this different from that?

[5:13:20] I think we need to be consistent.

[5:13:22] I think that's what our constituents want.

[5:13:25] They want us to come up with their conclusions tonight to adopt this pre-decinsic plan

[5:13:34] and do it now so we can stop losing $125,000 a day.

[5:13:41] That's the urgency of this. You say, well, we're rushing to judgment. No we're rushing to

[5:13:46] we're rushing to judgment to save money in the city. And the city manager, as a minister,

[5:13:54] has said that many, many times. So we have to trust, trust had individual. Again,

[5:14:00] cross the professionals. That's what we pay them for. And let's not try to make our individual

[5:14:07] decisions through an outward influence about how we feel about the safety of the city.

[5:14:15] If this gentleman standing up there does it know how to keep our city safe, who else does?

[5:14:22] Let's support him tonight.

[5:14:24] Thank you.

[5:14:25] All right, so that's where final public speaker members of the Council will come back to

[5:14:28] the table.

[5:14:30] Move to table.

[5:14:31] Second.

[5:14:33] Move to table.

[5:14:34] Second.

[5:14:37] There's a motion to table.

[5:14:38] left or for the discussion so we're going on the most new table.

[5:15:11] As a matter of table, it can come back to council at the next duty. If you're in a desirable, but it's

[5:15:20] table for this session. Let's move ahead then with the next item on the agenda.

[5:15:26] Now, let me suggest that every time there's a revenue reduction because of a cut or a revenue

[5:15:35] increase because of an addition that the Council has decided upon that that needs to be reflected

[5:15:43] in the document that we then get to vote on.

[5:15:48] And I know we've already voted on a pre-pendancy plan, but that was a tendency.

[5:15:57] That was not a budget, and until we can get an update of the changes that the Council makes

[5:16:07] each council meeting, or somebody else's retirees that wasn't anticipated, and that's going

[5:16:15] to be left as the vacancy, then we need to have updated numbers so that every council meeting,

[5:16:21] we know either how closer or how further away we're getting from the ultimate target, and we

[5:16:27] can talk about where we're going, or where we are, or what numbers we are up or down, until I have

[5:16:34] document in front of me, I'm going to have to be doing a lot of abstaining, because I just

[5:16:39] don't have enough information to make an informed decision. So I'm just giving the heads up.

[5:16:44] Let's move it. Item eight, e. It's a approval of unclassified personal actions, so that's presented

[5:16:50] before us in the back of material.

[5:16:55] We need action on this or discussion. What does your place

[5:16:59] Some moved, but I think we have really had a great blow these down.

[5:17:05] One at a time.

[5:17:07] I'll take my motions to approve the end class by personal action.

[5:17:13] This is made by the Director of Human Resources, and of course, the same policies and procedures.

[5:17:18] All right.

[5:17:19] We have a motion.

[5:17:20] I don't have a second.

[5:17:28] And there's a second to that motion to approve these items.

[5:17:32] And we need to go to on this motion.

[5:17:37] Come on.

[5:17:38] Yes, sir.

[5:17:39] There you are, sir.

[5:17:41] Five positions that are up.

[5:17:44] One of the monetary motions.

[5:17:48] We got a promotion.

[5:17:50] And one is an appointment to a position.

[5:17:56] In the past, when we have these personal decisions,

[5:17:58] is they were followed with an explanation as to why they are needed.

[5:18:06] The voluntary demotion and I don't think that leads an explanation, that is a benefit,

[5:18:12] but the other ones are going to be some kind of impact on positive number, which we try to

[5:18:20] reduce expenditure and so they will be helpful if they have an explanation and followed

[5:18:27] with them. You know, as well as the appointment, one as well.

[5:18:32] As to so that we know what we're moving forward.

[5:18:36] Exactly to the reality enough.

[5:18:38] But it's very spicy.

[5:18:40] And the estimation I've killed is warranted.

[5:18:43] I'll be happy.

[5:18:44] He's at all as you suggest.

[5:18:46] But the voluntary emotion is in the city of first office.

[5:18:50] The others are promotions within the city.

[5:18:53] Turn his office.

[5:18:54] So it's just a criminal aspect of those.

[5:18:56] Yes, sir, not myself, but Senior Assistant City Attorney,

[5:19:00] a joining leader, I would like to speak to those.

[5:19:04] The end of the last one is a appointment

[5:19:06] in the Treasury's office, which I have no information about.

[5:19:12] Oh, good.

[5:19:13] It's wet.

[5:19:14] Thank you, Your Honor.

[5:19:16] We passed out two different organizations, charts,

[5:19:19] to you right after a closed session.

[5:19:22] And if you look at those, you can see the office as it should be, as it's with all the vacant positions.

[5:19:30] And then you can see what's titled proposed organization chart, which is how the office is currently being won.

[5:19:39] As you can remember last meeting, you approved our budget where we got 1.887 million from our 2012-13 budget,

[5:19:51] which was a 32% cut, all these promotions were factored into that budget cut.

[5:19:58] As you can see, we have several vacant positions and these three positions that we're

[5:20:03] asking to promote those individuals have taken on extra duties and are covering for several

[5:20:09] vacant positions.

[5:20:11] We feel that it's proper to do these promotions consider a amount of work that has been put

[5:20:17] these three individuals. And in the secretaries section, you can see we have four vacant

[5:20:23] secretary positions that are being covered by three people. And we're asking to

[5:20:30] promote two of those people under the deputy city attorneys. You can see we have actually

[5:20:37] two supervisory positions they can't and one senior deputy position vacant, which is

[5:20:42] How causes to put more work on our deputy attorneys and the exists, and that's why we're asking to promote that person.

[5:20:50] The honours further comment.

[5:20:53] You'll see we have six vacant positions, and this pride is indicated, three city training positions, three legal secretaries.

[5:21:02] The State Attorney's Office, like all the other offices, all the employees who are taking

[5:21:06] a 10% pay cut for the last three years, and we have reorganized the office of considerable

[5:21:15] downsizing.

[5:21:17] Again, as you can see, the former organization chart, which is the second page, shows the vacant

[5:21:27] positions of where we are.

[5:21:29] It's not just a structural matter, it's a great deal of work.

[5:21:32] The bankruptcy has added hours and hours and hours of work to the city attorney's office.

[5:21:39] In the case of the vacant, well, would be vacant administrative supervisor position, excuse me,

[5:21:49] just vacant.

[5:21:50] If the executive assistant to the city attorney has promoted that position, it leaves that position

[5:21:55] vacant.

[5:21:55] We have a legal secretary who is very well qualified to serve as executive assistant at the city attorney.

[5:22:02] Right now, that lady is working overtime as she does since that prior position became vacant.

[5:22:12] And overtime is paid time and a half.

[5:22:16] The executive assistant of the city attorney is a management position, and overtime is not paid for that position.

[5:22:24] We have asked two of the people holding Secretaryial positions in the office to step up in addition to their

[5:22:33] 10% pay cuts, in addition to the time they have been working and take on the management responsibility.

[5:22:42] The request here is that they be paid for the additional work that they are performing.

[5:22:48] If we had not cut three or 20 positions, three legal secretary positions, we would certainly

[5:22:54] not be coming back.

[5:22:55] We were asked to make a 30 percent cut, and made a 32 percent cut.

[5:23:00] And the money for these promotions is included in the budget that you approved at the last

[5:23:05] council meeting.

[5:23:07] In the case of the administrative supervisor, the salary increase is offset by the lack of

[5:23:14] over time because that person will be continuing to stay here, it's 20 minutes to 9 now.

[5:23:20] So you're normally the off of 530, you should be continuing to stay here until this meeting is over,

[5:23:25] at time and a half, if you're in the administrative position, they're not, they don't get paid the overtime.

[5:23:32] The other individual is our city prosecutor who had worked for five years for this attorney's office up north.

[5:23:41] We hired her as a deputy city attorney, she's doing an excellent job, we've had very positive comments on her from the judges and from the chief of police.

[5:23:52] And one of the judges has informed me that I need to be concerned because he thinks the DA's office may try to get her into their office.

[5:24:01] We don't want to lose her, it's difficult to get really good prosecutors in city attorney's offices.

[5:24:09] They often prefer to go to the D.A.'s office.

[5:24:12] She has not made any indication that she's interested in leaving.

[5:24:16] In fact, she seems pleased to be here, but we would normally

[5:24:20] have brought an attorney and a prosecutor with her years of experience in

[5:24:26] as a two.

[5:24:28] We didn't do that because quite frankly, it was a hiring

[5:24:31] market for the city.

[5:24:33] We're right now we're getting a lot of positive results from this particular attorney and the

[5:24:42] fine she's bringing in are more than double the amount of her pay.

[5:24:48] So we think these are justified.

[5:24:51] It is an unusual situation, just as bankruptcy is, but the city departments have to continue

[5:24:58] defunction. We've lost some of our most talented people, some of our most experienced people

[5:25:04] who retired, and some of them retired at our urging, because we were trying to save money,

[5:25:10] but their duties still need to be performed. So that's the request that we're making of it.

[5:25:16] All right, all right. Other questions in Mr. Pinnon, or...

[5:25:20] Excuse me.

[5:25:21] Mr. Mayor, I did want to indicate these are all with included within the budget cuts that were proposed to...

[5:25:28] of it.

[5:25:30] Right.

[5:25:31] Questions?

[5:25:33] Social residents.

[5:25:34] Come at.

[5:25:34] There's five items.

[5:25:36] Five people.

[5:25:36] Five positions.

[5:25:38] Obviously I can support a voluntary emotion.

[5:25:42] I'm not currently supporting promotions.

[5:25:46] And I understand the state of the treasurer's department is just one person.

[5:25:51] Anyway, two people.

[5:25:52] I mean, the elected treasurer.

[5:25:55] No.

[5:25:56] But if you recall, as much as, you know, we are trying to identify for council consideration,

[5:26:02] any possible reductions, we did not recommend any changes to the treasurer's office

[5:26:06] because one of the things that needs to be strengthened within this city are the internal controls.

[5:26:11] So this is a position that we did not recommend be eliminated because he had, and I apologize.

[5:26:17] I think I'm recalling correctly.

[5:26:18] He had someone retire or separate from the city's employment.

[5:26:22] Someone was promoted into that position and it wasn't born big.

[5:26:25] And that's one big answer. So I think that's a ten and a need of that operation. They have to have two people in there. Yes, because again the internal support

[5:26:35] one and five

[5:26:37] but the motion's not going to allow me to be that motion is to prove all of the items from the Jenkins system.

[5:26:44] But I can't tell you the comment.

[5:26:48] Yes, it's further coming.

[5:26:49] And I appreciate that information.

[5:26:51] And I'll see if you can turn it off.

[5:26:53] It's real.

[5:26:54] But the fact that a matter of being a burden of crisis and emotion,

[5:27:00] which is the main emotion, even with the explanation,

[5:27:03] right now, it's just not the time.

[5:27:05] So I can let it go.

[5:27:07] All right.

[5:27:08] Does McKenley convince?

[5:27:10] Just to clarify,

[5:27:12] Ms. Greger.

[5:27:13] If both of those positions, I'm sorry to bother you.

[5:27:18] The both of these positions, the administrative supervisor,

[5:27:21] and the executive assistant city attorney,

[5:27:24] is no longer being paid over time,

[5:27:26] in essence, they're really not being promoted.

[5:27:29] I mean, they'll be being promoted in terms of the title,

[5:27:32] but not in terms of wages.

[5:27:34] Craig, we'll be offset by the law.

[5:27:37] Okay.

[5:27:38] Thank you.

[5:27:38] So it prevents them from being paid over time,

[5:27:41] I've been promoted.

[5:27:43] Thank you.

[5:27:45] All right.

[5:27:46] I'm sorry.

[5:27:47] In our mind, my colleagues, we continue the item for a couple of weeks, so at the next

[5:27:55] meeting, we're going to be voting on it for when I see contract of her 16,000 a month.

[5:28:01] So to me, these are minor adjustments, I would encourage, especially if it's offset.

[5:28:11] because there are not a lot of them receiving over time for the salary itself.

[5:28:17] Thank you for reminding me that I also remind you that there are a whole city industry.

[5:28:22] There are people who are multi-tasking and you don't do a triple work.

[5:28:27] And unfortunately, they can't come and advocate for those proposals.

[5:28:32] Like, unfortunately, like that, and back to the position can.

[5:28:36] Okay, well, while we're making these comments then, I was not wanting to support the voluntary

[5:28:42] demotion of the City Clerk's office because I've already described that there's revenue

[5:28:46] reduction related to that.

[5:28:49] And the unfortunate part is, if the City Business Inspector could be out there making their

[5:28:53] salary plus some double triple, which is true, this doesn't look to me like you're adding

[5:29:02] Revening to that position, of course, fighting Revening to that position.

[5:29:06] So did you miss how to get that revenue reduction to the city manager's office?

[5:29:16] Yes.

[5:29:17] You gave the revenue reduction.

[5:29:20] Well, I have discussed the change in my office.

[5:29:24] We don't believe there will be a revenue reduction because of the way we pre-reording mission.

[5:29:29] So let's play this back at the end of the fiscal year.

[5:29:32] And at the State Clerk's office hasn't provided the revenues not only that they said they would,

[5:29:37] but in additional amounts of money, since everybody's supposed to be doing more with less.

[5:29:43] And your office was one of the major revenue production offices.

[5:29:48] Then we're going to have to make some additional cuts at the end of the year.

[5:29:53] All right, we have a motion in the second. I'm sorry, Mr. Billby.

[5:29:55] where I too will not be supporting their strategies.

[5:30:02] Unfortunately, I understand Mr. Chairman the need for rewarding those individuals for their exemplary service to the city and to your office, I just came to support you.

[5:30:17] So, with that, let's go to the rule both, please.

[5:30:26] It fails. Let's move on to the next item on the agenda.

[5:30:31] I could

[5:30:34] say that I would like to do a little bit of a favor.

[5:30:38] Then I could sort of make emotions out of thickness to count on.

[5:30:41] It failed. The whole item failed.

[5:30:43] Right. I'd make a motion.

[5:30:44] Number one.

[5:30:48] There's a motion in the second to reduce the voluntary commotion.

[5:30:53] Let's vote on that.

[5:31:03] Are you asking for a voice vote?

[5:31:05] All right. Then those in favor of the voluntary commotion, let's say aye.

[5:31:10] Aye.

[5:31:13] Those both have stayed.

[5:31:17] I think we've got no action on that as well.

[5:31:21] Okay, let's come back to the table.

[5:31:23] Are there any other motion relative to this personnel?

[5:31:26] I think we need some of the first results.

[5:31:28] All of them will get back to the personnel.

[5:31:30] All right, there's a second.

[5:31:31] Motion that we support the person's, the person's election.

[5:31:37] This slide is a city treasures from Chloe.

[5:31:39] There's a motion in the second.

[5:31:40] Do you want a voice vote on that as well?

[5:31:42] Madam clerk.

[5:31:43] Is that there?

[5:31:44] Are those in favour of that?

[5:31:46] Say, sir.

[5:31:47] She's got that.

[5:31:49] Aye.

[5:31:50] All right.

[5:31:51] Those opposed, may?

[5:31:53] No.

[5:31:54] I'm saying.

[5:31:55] All right.

[5:31:55] I think that feels as well.

[5:31:56] We have universal failure on personal matters.

[5:32:00] Let's move along.

[5:32:02] Then to the item of that key.

[5:32:07] This is a.

[5:32:08] So, the RFP in which we will be extension, the motion is to authorize the staff to extend

[5:32:12] in which you can, upon the existing excitement and remorse with local vendors for a month

[5:32:17] and month basis, and authorize the city manager to give notice to the county of the city's

[5:32:22] intention not to extend the waste delivery agreement.

[5:32:24] Move to table.

[5:32:26] There's a motion table that closes the discussion, let's vote on that, can we do a electronic

[5:32:33] vote?

[5:32:35] All right?

[5:33:01] All right, we have action on that.

[5:33:03] Let's move then, bottom A, G, it's also from public works.

[5:33:08] It concerns the resolution.

[5:33:10] We're moving the joint instrument, we're going to tell Edison,

[5:33:12] we're going to change your proof.

[5:33:14] There's a motion to approve that the limit was so-called Edison.

[5:33:18] On the hotline, frame crossing, we're a motion of second,

[5:33:21] we're both on that place.

[5:33:23] I'd like to speak, yes.

[5:33:24] I'd like to speak, if you would, please.

[5:33:29] Is this coming from public works?

[5:33:30] It's Mr. Smith.

[5:33:31] Still here, yes.

[5:33:32] Yes.

[5:33:38] I don't see a Southern California Edison on a refugee night.

[5:33:42] I know she was here earlier, but it was a long night.

[5:33:46] She gone?

[5:33:47] Yeah.

[5:33:53] It's right for her to do this.

[5:33:58] She should have known better about it.

[5:34:05] Madam City Manager, I'd like, I'm going to support the item.

[5:34:09] But I'd like this once again to reach out to Southern California Addison about their transmission line, which is off the state street, and the green dot there, you know, if we're going to be, I want to encourage and facilitate our corporate partnership with Southern California Addison, and be mindful that I hope that Jason is still here, that if they miss their payment,

[5:34:38] And then we can open up that agreement with them, and we visit that, but you've got 690 students.

[5:34:47] It can't all mentor school, but just look ahead of them.

[5:34:51] With that, I support the app.

[5:34:54] All right.

[5:34:54] So then we need a promotion in a second.

[5:34:58] We need action on this.

[5:34:59] Your votes please.

[5:35:08] Thank you.

[5:35:09] And finally, we have an action by this board as a successor to the redevelopment agency.

[5:35:15] in it is a action item to approve amendment to an appointment to an appointment with Barbara

[5:35:21] Lenseth, who is acting as the finance director of that winding down agency.

[5:35:29] To move, there's a motion on that, is there a second?

[5:35:34] Yeah, I had your both on that please.

[5:35:38] We are an item designer of 9A.

[5:35:43] Barbara Lenseth's contract.

[5:35:45] We

[5:36:14] have an action on that matter. It's approved. And we move now to our public

[5:36:25] comments. And we start with Betty Jean Wong, followed by Paul Sandborn, followed by Margaret

[5:36:33] Phil, followed by Barbara Vancon.

[5:37:08] Yes, to the comfort and many words.

[5:37:12] I'm sure you've worked.

[5:37:13] Thank you.

[5:37:14] I don't understand this.

[5:37:19] God says, in my key point, on my exposing and sensitive theory, public buildings,

[5:37:26] that this public has access to public services,

[5:37:32] that are public facilities.

[5:37:34] as they are going on for the last six months and so up in here.

[5:37:40] And if it's going on one may or death, they are due.

[5:37:45] Six months and so, talking to the chief of police about public access as ridiculous.

[5:37:56] You could talk in the man and he will, by you, he won't.

[5:38:05] In other words, they'll go on with the work with you.

[5:38:10] That takes six months to do it.

[5:38:13] You need to write, man.

[5:38:15] You need to be done in one day.

[5:38:22] Also, I don't see where you're coming up with about your

[5:38:34] prison patients.

[5:38:36] And your other ones, where are you getting that money?

[5:38:43] You will certainly is dead, bro.

[5:38:45] I know.

[5:38:47] I keep in contact with the King for years.

[5:38:51] Now, not just you guys, I don't bother you.

[5:38:54] Some people, but I go to, I have people here that I work with, on this, and they work with

[5:39:06] me. That's how I find out what they are going on. Okay?

[5:39:12] Okay? They are more than

[5:39:15] civic counsel. I am not abusing you. That next year in June, I am far away to

[5:39:24] remember, they are myself. We are tired of what is going on. I've talked to people,

[5:39:34] I don't come over that. We are tired of what you guys are doing against our flurry and

[5:39:43] against us. So now I am going to run for mayor of those people and I intend to. My platform

[5:39:57] If not the promise of people, why I will do for them?

[5:40:03] As all, because that's what you power gets you through.

[5:40:08] And do you carry any of them out?

[5:40:11] Hell, no, you know?

[5:40:13] That goes for our president too.

[5:40:18] But thank you very much Paul Sandborn,

[5:40:22] followed by Margaret Hill.

[5:40:24] Good evening again, Mayor and Council.

[5:40:26] Well, the piece of paper that I gave you, if you look at the second column where it says

[5:40:33] annual, whatever, if you add that up, it does not come up to that figure.

[5:40:37] It comes up to three million, two hundred and thirteen thousand, nine hundred.

[5:40:40] We only have two ladder trucks.

[5:40:41] We do not have three.

[5:40:45] I'm going to explain something to you.

[5:40:47] You can change your F-words the money.

[5:40:49] I'll show you how to get some money in this town.

[5:40:52] This is something I brought forward many years ago, believe it or not, maybe it's time

[5:40:55] that you guys will actually listen.

[5:40:58] In another town that I worked at, which was Santa Ana down there,

[5:41:01] if you walk in, you can set your plans down on the counter,

[5:41:05] pay plan check fee and permit and sign one piece of paper

[5:41:09] and go to work that day.

[5:41:11] And what the one piece of paper is basically,

[5:41:13] is that if there's anything wrong with those plans,

[5:41:15] you will fix it regardless of what it happens

[5:41:19] to be, you will fix that problem that comes up.

[5:41:23] What the big plus is with it, is you are handed a piece of paper with a special phone number on it,

[5:41:29] and you're to have a check made out to the city clerk for $100 for any inspection you want.

[5:41:34] As many times as you want, I had done a Taco Bell down there, which you know small,

[5:41:40] and in turn, a best department store behind me, is the reason I made the acquisition

[5:41:44] of what city official has their hands in that, because that best department store beat us

[5:41:48] done. That's the way that Inspector explained it to me. The other thing is, I gave it to

[5:41:54] you guys about each one of you should have somebody do a ride along with the police so they

[5:41:58] can see what's going on in this town. I want to upgrade that just a little bit more. Anybody

[5:42:04] that would like to do a ride along needs to call the police department, set it up with somebody

[5:42:09] down there and the key factor is they need to pay the $100 to fill the car up and they can

[5:42:13] over a ride that night. That will save you $80,000 a year in the way I figure. The other thing

[5:42:20] that I want to bring up is trees.

[5:42:25] In 2001 we lost our daughter. One person was kind enough

[5:42:29] to give us a tree. The other day I'm sitting out there looking at that thing's 25 feet high. If

[5:42:35] you had somebody that what I'm trying to say is past is the way and winds up getting 25 cards

[5:42:42] maybe the family of plant, plant, three, four,

[5:42:45] or whatever, and give the other 20 to the city we need trees.

[5:42:50] The last thing I'll wind this up with,

[5:42:51] Mayor, two women over here at the route,

[5:42:54] fourth and day, one turns around and says to the other,

[5:42:57] she was, I didn't know that the city had a police

[5:43:00] posse here per se or whatever.

[5:43:03] The other one looks at her, and he tells her,

[5:43:05] well, you know what the deal is, you know,

[5:43:07] the city is San Bernardino actually filed bankruptcy.

[5:43:09] She said, I guess they took the cars away from them.

[5:43:11] This actually happened.

[5:43:16] That was a wonderful bit of final chapter, humor.

[5:43:21] That was, thank you, Mr. Sandborn.

[5:43:24] For that, levity at the last moment of the meeting,

[5:43:27] and no, I guess we're morning with this bad cop.

[5:43:31] I called Margaret Hill, but then I note that she says,

[5:43:34] if you finish before 60m,

[5:43:37] and clearly she's long gone.

[5:43:40] Margaret is watching from home.

[5:43:42] All right.

[5:43:42] Hi, Margaret.

[5:43:43] My name is Badcock.

[5:43:44] You're up followed by 10 friends.

[5:43:47] I had a really interesting experience.

[5:43:49] I went to Route 66, 3 times this weekend.

[5:43:53] And on Sunday, I saw something that just really wore my heart.

[5:43:56] There was a grandfather with his grandson and say, come on, let's go around and pick up the

[5:44:02] paper.

[5:44:02] Let's pick up the trash because the city doesn't have the money to do that.

[5:44:08] We can do great things if and when we decide to do it.

[5:44:14] Volunteerism is what I work with nonprofits.

[5:44:16] I tell them if there's one position, don't cut.

[5:44:19] Or if there's one position, you're going to hire.

[5:44:21] It's to go out and help somebody.

[5:44:22] Help an organization get volunteers.

[5:44:25] I spoke this week twice to Doug Rowan of United Way,

[5:44:29] putting him on notice because he said he's working on a new program

[5:44:33] that will help people to easily volunteer for the city.

[5:44:38] Mr. Sandborn set me up for this and that is that I am going to be attending part of the next police academy.

[5:44:46] The last one that I went to was the best seven weeks that I probably have spent in a couple of years.

[5:44:52] They're starting Wednesday night the 19th and 630 at the police station.

[5:44:56] You do need to sign up ahead of time. I just really encourage people.

[5:45:00] I know that everybody is taking cuts. It's called, we are broke. That means everybody has to take cuts.

[5:45:07] And I think that by continuingly tabling motions, we are just driving ourselves much more quickly to the place that we will not be a city.

[5:45:16] We will be reporting to five supervisors of the county. We could make a difference.

[5:45:24] I was really disappointed in the last few minutes receiving their seem to be really good cooperation

[5:45:29] on things getting table very quickly.

[5:45:32] We should be working together.

[5:45:33] You guys ought to be here next week.

[5:45:35] It's a way to do two more weeks.

[5:45:37] Thank you Mr. Prince.

[5:45:45] Good evening, Mayor.

[5:45:47] Members of the City Council and staff.

[5:45:49] And the brave remaining residents.

[5:45:52] My name is Kim Prince.

[5:45:54] I've been a resident of the city all my life.

[5:45:56] And I am thoroughly disgusted with the action of this council tonight.

[5:46:00] Everybody recognizes the huge burden and difficulty in making $7 million more of cuts.

[5:46:10] And I hope every resident understands that because of the lack of political will of this council,

[5:46:18] we now have $10 million more in cuts.

[5:46:21] And we have a bridge city manager who will fine tune the analysis,

[5:46:26] but the enormity of it will not change.

[5:46:31] Mr. Kelly, you're ruffling through your papers instead of listening.

[5:46:35] Mr. Penman is out, Paula Ticking, he has his assistant sitting up here.

[5:46:39] That's one budget that could be cut.

[5:46:42] Not one substantive position was cut.

[5:46:44] Not one person was laid off in that office.

[5:46:46] But that's okay with Mr. Jenkins, because the city attorney's on his side.

[5:46:52] The four votes to table the motion to save $3 million, the four votes came from four council

[5:46:59] members that were bought and paid for by a union that has no interest in this city other than

[5:47:08] their pay and benefits.

[5:47:11] No consideration was even given to altering minimum staffing, to adjust the staffing to

[5:47:16] the needs of the city, to recognize that when citizens have a higher need for medical calls

[5:47:21] and fire suppression, that the staffing should be higher and different.

[5:47:26] Instead of some minimum negotiated by a union, the fire chief made a very reasonable, compromised

[5:47:34] plan, and this council sat stone-faced with their pre-planned political mission to

[5:47:42] table, and in the absence of our first-word councilwoman, I guess it worked tonight.

[5:47:49] But you know what?

[5:47:49] It's we the people that are going to suffer because of your lack of leadership.

[5:47:53] The four of you drove the city into bankruptcy and now you're not even going to change your ways when we're in bankruptcy.

[5:48:00] As a lifelong resident of the city, I'm embarrassed.

[5:48:04] The four of you should resign and save the city the cost of a recall.

[5:48:09] Because judgment day is coming and that judgment could mean that this city loses its charter and its independence.

[5:48:17] And all you're doing is serving a different master than the people of the city of San

[5:48:22] Medina.

[5:48:24] With that, we'll call this evening to the close.

[5:48:28] We'll adjourn and reconvenient our October 1st at 1.30 for closed session at 3 o'clock

[5:48:33] for the public portion we may have a good evening.

Mayor and City Council Joint Regular Meeting

Agenda

Transcript