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Home My WebLink About03-11-2014 Jt. Adj Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis AOMA �' _��.� 300 North "D" Street Council Members rn Virginia Marquez San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett UN� , ty Henry Nickel Rikke Johnson James L. Mulvihill MINUTES i JOINT ADJOURNED REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESDAY, MARCH 11, 2014 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 5:05 p.m., Tuesday, March 11, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez f Council Member, Ward 1 Present 5:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 5:00 p.m. John Valdivia = Council Member, Ward 3 Present 5:00 p.m. Fred Shorett Council Member, Ward 4 Present 5:00 p.m. Henry Nickel Council Member, Ward 5 Present_ 5:00 p.m. Rikke Johnson _ Council Member, Ward 6 Present 5:20 p.m. James Mulvihill Council Member, Ward 7 Present 5:00 p.m. R Carey Davis Mayor Present 5:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 5:0 p.m. Allen Parker City Manager Present X5:00 p.m. Gary D. Saenz I City Attorney Present 5:00 p.m. Mayor and Common Council of the City of San Bernardino Page I Printed 311912014 Joint Adjourned Regular Meeting Minutes March 11, 2014 1. Closed Session — Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. D. Closed Session-personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Closed Session Announcement Senior Assistant City Attorney Grider announced that during closed session the Council voted to give the mediation team direction on how to proceed in the City's bankruptcy mediation with a vote of 7 to 0. 2. Continued items 2A. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Formation of a Volunteer Citizen-Based Charter Committee and Directing the City Manager to Initiate a Request for Qualifications for a Consultant Specializing in Charter Reform. (Continued from March 3, 2014) Mayor Davis stated that the Council had received an updated resolution that changed the date by which the committee shall present its recommendations to the Mayor and Common Council. He thanked the members of the City Council, City staff and members of the public that commented on the formation of the charter reform committee. He added that some changes were incorporated into the document that had been originally proposed. Mayor and Common Council of the City of San Bernardino Page 2 Printed 311912014 i Joint Adjourned Regular Meeting Minutes March 11, 2014 Mayor Davis stated that there is a need for charter reform—a need to look at the provisions of the charter that are hampering the City's financial abilities and operational needs. Public Comments: Evelyn Alexander, San Bernardino Jane Sneddon, San Bernardino Kathy Mallon, San Bernardino Larry Sharp,Redlands, James Smith, Highland Rachel Kanakaole, San Bernardino Mike Gallo, San Bernardino Casey Dailey, San Bernardino Submitted into the record was a letter addressed to the Mayor and Council from Rockne A. Lucia, Jr., Rains Lucia Stern, PC, dated March 11, 2014, regarding the proposed resolution for the formation of a Charter Commission. Discussion ensued regarding the Charter amendment process; the difference between a Charter Commission and a Charter Committee; timelines for placing the matter on the ballot; the RFQ process versus the RFP process; and the salary of the consultant. Council Member Valdivia asked whether the City Manager was going to select the consultant or was he going to report back to the Council for approval. City Attorney Saenz advised that Section 3 of the resolution implies that the City Manager is going to make that decision on his own, but it should clarify whether the City Manager will be making that decision on his own, whether he will be making that decision in conjunction with other persons, or whether he will bring his recommendations to the Council for approval. Council Member Valdivia distributed to the Council and submitted into the record, two amended resolutions entitled, "Amended Resolution to Include our Citizenry, Employees, and Public in the Charter Reform Process,"dated March 3, 2014, and March 11, 2014. Council Member Shorett asked how staff was going to deal with all the suggested changes that were being made. Senior Assistant City Attorney Grider stated that any changes to the resolution could either be added tonight by interlineation, or the Council could vote on what changes they want and could continue the item to March 17, 2014, at which time the City Attorney would bring back an amended resolution for the Council's review. Valdivia/Nickel motion, including amendments, as clarified by the City Clerk: To accept Council Member Valdivia's amended resolution, as submitted to the Council, striking the requirement for a 2/3 vote under Item D; striking the June 13 deadline under Item E; incorporating the City Attorney's suggestions regarding the RFQ; and adding the words "initial recommendations" to Item L. The vote was taken following further discussion. Mayor and Common Council of the City of San Bernardino Page 3 Printed 311912014 E i Joint Adjourned Regular Meeting Minutes March 11, 2014 It was the consensus of the Council that the resolution be amended by the City Attorney's office and brought back for final approval on March 17, 2014. Senior Assistant City Attorney Grider stated that Council Member Valdivia would need to amend his motion to direct the City Attorney to bring the updated resolution back to Council on March 17, 2014. Amended Valdivia/Nickel motion as clarified by the City Clerk: To accept Council Member Valdivia's amended resolution, as submitted to the Council, striking the requirement for a 2/3 vote under Item D; striking the June 13, 2014 deadline under Item E; adding the words "initial recommendations" to Item L; incorporating the City Attorney's suggestions regarding the RFQ; directing the City Attorney to return with an updated resolution reflecting these changes at the Council meeting of March 17, 2014. City Attorney Saenz stated that his recommendation was that there should be clarification on whether the City Manager was going to be making the decision regarding the J consultant independently or was he going to bring back a recommendation to Council so that the Council could make the ultimate choice of the consultant. Council Member Valdivia stated that he was agreeable to the City Manager bringing the RFQ back to Council on March 17, 2014. City Manager Parker clarified that he would bring back a recommendation of who to hire, not the RFQ document itself. Amended Valdivia/Nickel motion as clarified by the City Clerk: Accept Council Member Valdivia's amended resolution, as submitted to the Council, striking the requirement for a 2/3 vote under Item D; striking the June 13, 2014 deadline under Item E; adding the words "initial recommendations" to Item L; deleting Items M and N; directing the City Attorney to return with an updated resolution reflecting these changes at the Council meeting of March 17, 2014; and directing the City Manager to return with recommendations of who to hire as committee consultant. ..........- ................ ........................_ __ _.. _. _................................ _.__. _...................................._. _ j RESULT: APPROVED [UNANIMOUS] Next: 3/17/2014 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:22:161 I SECONDER: Henry Nickel, Council Member, Ward 5 I AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Approximate time the motion/second was made,according to timestamp on the meeting video on the City web site Mayor and Common Council of the City of San Bernardino Page 4 Printed 311912014 Joint Adjourned Regular Meeting Minutes March 11, 2014 3. New Business 3A. Discussion of Police Chief's Contract Motion: To add an item that arose after the posting of the agenda. .......... __.._____ __ _. _____ _.__ __.______ ......_............... _.......... _ RESULT. ADOPTED [UNANIMOUS] 03:32:34 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ........ _ . ......... Council Member Shorett made a motion, seconded by Council Member Nickel, to hire Jarrod Burguan as the permanent Police Chief. No vote was taken. Substitute Motion: Extend the Police Chief's interim capacity to Monday and agendize the matter for the March 17, 2014 Council meeting. RESULT: ADOPTED 16 TO 11 03:34:51 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia,Nickel, Johnson, Mulvihill NAYS: Fred Shorett 4. Public Comments on Items Not on the Agenda No public comments were received. 5. Adjournment The meeting adjourned at 8:38 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, March 17, 2014. GEORGEANN"GIGI"HANNA City Clerk BYE Linda Sutherland Deputy City Clerk C Mayor and Common Council of the City of San Bernardino Page 5 Printed 311912014