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Home My WebLink About12-15-2014 Jt. Reg Mtg Minutes ' City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members ' Virginia Marquez riSan Bernardino, CA 92418 Benito Barrios -� http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Rikke Johnson James L. Mulvihill MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, DECEMBER 15, 2014 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:04 p.m., Monday, December 15, 2014, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 p.m. Rikke Johnson Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member,Ward 7 Absent ----------- R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker City Manager Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 1213012014 Joint Regular Meeting Minutes December 15, 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) and(d)(1): 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 Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). D. Closed Session-personnel -pursuant to Government Code Section 54957: Public Employee Performance Evaluation -- City Manager 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 City Attorney Saenz made the following statement: "Today in Closed Session, the Mayor, Common Council, City Attorney and City Manager met at length with Management Partners, the recent addition to our bankruptcy team. As you recall, it was Management Partners that played a significant role in getting Stockton through court confirmation of its plan of adjustment. "Management Partners brings to our team the coordination and unification of all team members. A Work Plan for preparation of the Plan of Adjustment has been reviewed with the Mayor and Common Council, and they now stand united in their pledge and commitment to support the City Manager and his team to ensure the Work Plan is fully executed. We are at this time confidently poised to develop and present a comprehensive recovery plan that will take us through and out of bankruptcy. Council will now meet with the bankruptcy team regularly as, ultimately, the plan will be theirs to adopt, support and implement. There will be differences of opinion, a healthy exchange of ideas and policy consideration, and much work to be done by all, but we are collaboratively committed and resolved to move forward. "Up to now, because of the gag order, Council has not been privy, with a few exceptions, to the mediation discussions with Judge Zive. That order has now been revised so that Council will now be a part of those negotiations and will significantly become a part of bankruptcy team discussions; however, as mediation with creditors continues, your Council representative will be Mayor and Common Council of the City of San Bernardino Page 2 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 subject to the confidentiality order and will not be at liberty to discuss particulars. I ask the public and media to refrain from seeking such information from Council and honor the gag order in recognition that it is imposed for the benefit of the City and our citizens. "As we proceed through development of our recovery plan of adjustment, the public will be provided more and more information regarding its particulars, so that, ultimately, all stakeholders, citizens, business community, and even creditors will commit to and support the plan." Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Moment of Silence Council Member Shorett requested a moment of silence in memory of Manuel Moreno, Jr. Invocation/Pledge of Allegiance The invocation was given by Pastor Essien Ubong of Blood of Jesus Prayer and Deliverance Ministries. The Pledge of Allegiance was led by Nathanael Viteri-Vera, a sixth grade student at Newmark Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Students from the Center for Individual Development (CID) to Sing Christmas Songs 3B. Symphonie Jeunesse (Youth Orchestra for Strings) -- Michele Tacchia, Founder/Director Symphonie Jeunesse and her 38 Students to Perform a Musical Selection -- Council Member Henry Nickel 3C. Citizen(s) of the Month -- Symphonie Jeunesse (Youth Orchestra for Strings) -- Michele Tacchia and her 38 students -- Council Member Henry Nickel 3D. Student of the Month -- Kassandra Idowu -- Cajon High School -- Council Member Henry Nickel 4. Announcements -- Chamber of Commerce & Elected Officials Mayor and Common Council of the City of San Bernardino Page 3 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated December 15, 2014. RESULT: ADOPTED [UNANIMOUS] 00:40:56' MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5B. City Clerk Council Minutes of November 3, 2014; and November 17, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of November 3, 2014; and November 17, 2014. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5C. City Clerk RES. 2014-414 — Resolution of the Mayor and Common Council of the City of San Bernardino Designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the Public Library to Receive a Copy of the Local Appointments List (The Maddy Act). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill ' Approximate time motion/second made, according to video of meeting posted on the City web site. Mayor and Common Council of the City of San Bernardino Page 4 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 5D. City Clerk C RES. 2014-415 — Resolution of the Mayor and Common Council of the City of San Bernardino Reciting the Facts of the Statewide General Election Held on the 4th Day of November 2014, Declaring the Results Thereof, and Setting Forth Such Other Matters as Are Allowed by Law. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5E. City Attorney RES. 2014-416 — Resolution of the Mayor and Common Council of the City of San Bernardino Reclassifying One Legal Secretary I (PT) Position into One Legal Secretary I (U)Position. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5F. City Manager RES. 2014-417 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Third Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator and Bankruptcy Services. Public Comments: Steven Rogers, Redlands Jay Lindberg, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 RESULT: ADOPTED 15 TO 11 00:48:47 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Johnson NAYS: John Valdivia ABSENT: James Mulvihill 5G. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions (Revised 12115114), as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill l 5H. Finance Approval of Checks Warrants and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5I. Finance RES. 2014-418 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Auditing Services Between the City of San Bernardino and Macias, Gini & O Connell ° LLP. 1 C m Motion: Adopt the Resolution. L) Mayor and Common Council of the City of San Bernardino Page 6 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 RESULT: ADOPTED [UNANIMOUS] 00:53:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill 5J. Human Resources Holiday Closure Dates and 2015 Calendar Dates Motion: Receive and file. _ ....... ..._...__ RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill 5K. Human Resources Personnel Actions - Unclassified Motion: Approve the unclassified personnel actions (Revised 12115114), as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5L. Parks, Recreation & Community Services RES. 2014-419 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 1 to the Vendor Services Agreement with California Commercial Pools and Authorizing the Director of Finance to Issue a Purchase Order to California Commercial Pools in the Amount of $123,000. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:58:00 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill Mayor and Common Council of the City of San Bernardino Page 7 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 5M. Police RES. 2014-420 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of $1,187,112.84 from the San Bernardino County Chiefs' and Sheriff Association, the Increase of the FY2014/2015 Budget by $725,000 Using AB109 Funds, and the Issuance of a Purchase Order to the County of Orange in the Amount of$95,000.00. Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:01:08 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 5N. Public Works RES. 2014-421 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement with the County of San Bernardino for Transfer of Right-of-Way and Maintenance of a Certain Portion of Institution Road Southwesterly of Cajon Boulevard in the City of San Bernardino, and Consenting to the Establishment of that Portion of Institution Road as a County Highway. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill 50. Public Works RES. 2014-422 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Southerly Right-of-Way Boundary for a Portion of 5`h Street Across a Portion of City Property Located on the South Side of 5ch Street, Between Medical Center Drive and Tiajuana Street (Nunez Park). Motion: Adopt the Resolution. C Mayor and Common Council of the City of San Bernardino Page 8 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 RESULT: ADOPTED [UNANIMOUS] 01:12:41 MOVER: Virginia Marquez, Council Member, Ward I SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill .............. .............-1-----............. 5P. Successor Agency RES. 2014-423 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 2604 La Veta Street, San Bernardino, California. Motion: Adopt the Resolution. ...................... ................. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill 5Q. Treasurer's Office Treasurer's Office Portfolio Report for the Month of October 2014 Motion: Receive and file. I F RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill 5R. Treasurer's Office Treasurer's Office Portfolio Report for the Month of November 2014 Motion: Receive and file. RESULT: ADOPTED [UNANIMOUS] 00:40:56 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson ABSENT: James Mulvihill C ............. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 6. Public Hearings 6A. City Manager Public Hearing on Preparation and Planning for the City's 2015-2020 Consolidated Plan The hearing remained open. Brandon Mims, Project Manager/Assistant of the City Manager, stated that this workshop was the second of three scheduled workshops. He said the last workshop would be held on January 20, 2015, at which time they will discuss the Five-Year Consolidated Plan for the period 2015-2020. Submitted into the record was a PowerPoint presentation titled, "FY 2015-2019 Consolidated Plan and Fair Housing," dated December 15, 2014. Jessica Suimanjaya, a Consultant with Veronica Tam and Associates, reviewed the Consolidated Plan process. Mr. Mims stated that for three months they will be collecting needs that will be executed over the next five years. He stated that when they prepare the Five Year Plan, they will prepare five individual Action Plans, which are the activities they plan to get accomplished in a 12-month period. He said this is critical because the Five-Year Plan is the general outline, and the projects are the needs they will be collecting over the next 3-month period. Council Member Valdivia stated that fire stations and equipment are vital to the community and he would like to revisit the closing of Fire Station #10, which is located at Mill and Arrowhead. He said he would also like to see improved services for mobile home repairs, street lights, road improvements, ADA ramp improvements, sidewalk repairs, splash pad repairs; and meals to seniors. Council Member Johnson stated that residents in his community mentioned needs such as infrastructure improvements, job creation and business retention, code enforcement, community center upgrades, park restroom and lighting upgrades, and streetlight upgrades. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Public Comments: Scott Olson, San Bernardino, Deanna Adams, San Bernardino, Richard Castro, San Bernardino, Consensus: Receive and file. Mayor and Common Council of the City of San Bernardino Page 10 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 7. Staff Reports 7A. City Clerk RES. 2014-424 — Resolution of the Mayor and Common Council of the City of San Bernardino Allotting $5,000 Per Each of the Seven Wards for Fine Arts Micro Grants to be Awarded at the Discretion of Each Councilmember. Council Member Shorett made a motion, seconded by Council Member Marquez, to adopt the Resolution. No vote was taken. Council Member Nickel made a substitute motion to table the matter until June 2015. The motion died for lack of a second. Public Comments: Dorothy Garcia, San Bernardino Deanna Adams, San Bernardino Barbara Babcock, San Bernardino Scott Olson, San Bernardino Jim Smith, Highland Motion: Adopt the Resolution. ......... RESULT: ADOPTED [UNANIMOUS] 01:48:33 �r MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 7B. City Clerk RES. 2014-425 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Grant in the Amount of $2,500 to the San Bernardino Black Culture Foundation and Authorizing the Execution of a Grant Recipient Agreement for the Creation and Installation of a Statue of Rosa Parks at the Rosa Parks Memorial Building. Public Comments: Reverend Bronica M. Taylor, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. Q Mayor and Common Council of the City of San Bernardino Page 11 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 ............... RESULT: ADOPTED [UNANIMOUS] 02:13:11 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson ABSENT: James Mulvihill 8. Public Comments on Items Not on the Agenda Sandra Owen-Olivas, San Bernardino, speaking on behalf of the Patrons of the Roosevelt Bowl, thanked all the partners, supporters, vendors, and citizens who helped make the Winter Wonderland a success. Paul Sanborn, San Bernardino, requested that the Charter Committee revisit the issue of raising the Mayor's salary; and stated that there should be five full-time Council Members. Suheil Abdulnour, San Bernardino, spoke regarding the City's ordinance for liquor stores and the license for selling alcoholic beverages. Jay Lindberg, San Bernardino, distributed and spoke about a paper he wrote regarding the Congressional funding bill that was recently passed; campaign contribution limits; NAFTA; and the Trans-Pacific Partnership. Scott Olson, San Bernardino, stated that the City must retain business, attract new business and raise revenues. Deanna Adams, San Bernardino, spoke about the City Manager being asked to resign; and the red light district in front of her residence. Jim Smith, Highland, announced that the dedication of Graciano Gomez Elementary School would be held on December 17, 2014, at 1480 W. I 11h Street, San Bernardino. Barbara Babcock, San Bernardino, spoke about a recent concert at the California Theater by Italian singer, Mateo Setti, which will air on KVCR, Channel 24. Al Palazzo, Rialto, stated that Deputy City Manager Bill Manis and Community Development Director Mark Persico were scheduled to take his tour of the City on December 22, 2014, and invited the Mayor to join them. 9. Items to be Referred to Council Committees None. Mayor and Common Council of the City of San Bernardino Page 12 Printed 1213012014 Joint Regular Meeting Minutes December 15, 2014 10. Adjournment At 7:20 p.m., the meeting adjourned in memory of Manuel Moreno, Jr. 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, January 5, 2015. GEORGEANN "GIGI" HANNA City Clerk By Linda Sutherland Deputy City Clerk 0 Mayor and Common Council of the City of San Bernardino Page 13 Printed 1213012014