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Home My WebLink About02-02-2015 Jt. Reg Mtg Minutes ' AR � City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members c San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia c Fred Shorett D IS 1 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, FEBRUARY 2, 2015 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 2:09 p.m., Monday, February 2, 2015, 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 l Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 1 Present 2:10 p.m. John Valdivia w Council Member,Ward 3 Present 2:08 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 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 .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 PM Mayor and Common Council of the City of San Bernardino Page 1 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 1. Closed Session — Pursuant to Government Code Sections(s): 0 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; Robert Cuellar v. City of S.B. - Workers Comp. Appeals Bd., Case No. ADJ8584350; David Dillon v. City of S.B. - Workers Comp. Appeals Bd., Case No. ADJ8075587. 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. 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. 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 Mayor Davis requested a moment of silence in memory of former Seventh Ward Council Member Jack Strickler. Invocation/Pledge of Allegiance The invocation was given by Father David Star from St. John's Episcopal Church. The Pledge of Allegiance was led by Cassandra Davis, a sixth grade student at North Verdemont Elementary School. t Mayor and Common Council of the City of San Bernardino Page 2 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 2. Closed Session Report City Attorney Saenz announced that the following actions were taken during closed session: In the matter of Cuellar v. City of San Bernardino, the Council gave settlement directive by consensus; In the matter of Dillon v. City of San Bernardino, the Council gave settlement directive by consensus. Mr. Saenz announced that the following bankruptcy hearings would take place in the City of Riverside Bankruptcy Court, in Judge Jury's Courtroom: February 11, 2015, at 1:30 p.m. —A Status Conference; March 17, 2015, at 1:30 p.m. — The City's Motion to Reject the Police Department's MOU and a Status Conference on the Police Union's Motion for Relief from Stay; March 26, 2015, at 1:30 p.m. —A Status Conference regarding the Pension Obligation Bond Holder's Declaratory Request for Judgment regarding an adversary proceeding. 3. Appointments There were no commission appointments. 4. Presentations 4A. Certificates of Recognition -- Arthur Gonzalez (Accepted by Leslie Wilson), Target; Doug Rowand, Arrowhead United Way; Rick O'Brien, Mr. Rooter Plumbing; Oscar Salvail, Mr. Appliance-- Council Member Marquez Council Member Marquez stated that on January 23, 2015, Arrowhead United Way, Target Food Distribution Center in Rialto, and Mary's Mercy Center of San Bernardino hosted a volunteer event to beautify the exterior of Mary's Mercy Center by painting the building, planting vegetation, and cleaning up the grounds around the center. Mary's Mercy Center was awarded a $15,000 grant by Target Corporation to host this Martin Luther King Day of Remembrance Service Event. 4B. Black History Month -- Hardy Brown II -- Council Member Johnson 4C. Bankruptcy/Strategic Planning Update-- Management Partners There was no update. 4D. Chamber of Commerce Announcements Mayor and Common Council of the City of San Bernardino Page 3 Printed 212412015 Joint Regular Meeting Minutes February 2, 2015 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 February 2, 2015. RESULT: ADOPTED [UNANIMOUS] 00:33:311 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 513. City Attorney RES. 2015-17 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Addition of One (1) Office Assistant (U) Position to the City Attorney's Office. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 Ar AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5C. City Manager RES. 2015-18 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Sub-Recipient Agreement Between the City and the County of San Bernardino for the Development of the Valencia and 91" (Val 9) Proj ect. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5D. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, 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. Time the motion/second were made, according to timestamp on meeting video posted to City website. Mayor and Common Council of the City of San Bernardino Page 4 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 i RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5E. Community Development ORD. MC-1411 — Ordinance of the City of San Bernardino Adopting Development Code Amendment 14-19, Amending Development Code Sections 19.62.020 (7) and 19.62.030 (2), Relating to Termination of Non-Conforming Structures and Uses. (FINAL READING) Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5F. 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] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5G. Human Resources Personnel Actions - Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 5H. Human Resources RES. 2015-19 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Revisions to the Legal Secretary I (U) (Flex)/Legal Secretary II (U) and Legal Secretary II (U)/Legal Secretary I(U) (Flex) Job Descriptions. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5I. Human Resources RES. 2015-20 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Fire Marshall (U) and Approving the Job Description. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5J. Human Resources Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Mayor's Chief of Staff (U) and Approving the Job Description. Public Comments: Scott Olson, San Bernardino Page Miller, not present at the meeting; however, her e-mail sent February 2, 2015, was submitted into the record Council Member Shorett made a motion to reduce the starting salary from $111,624 to $85,000, plus benefits. The motion died for lack of a second. Council Member Johnson made a motion to refer the matter back to the committee level in order to look at the salary range. The motion died for lack of a second. Motion: Adopt the Resolution. x Mayor and Common Council of the City of San Bernardino Page 6 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 RESULT: FAILED 12 TO 51 00:47:46 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, John Valdivia NAYS: Barrios, Shorett, Nickel, Johnson, Mulvihill Council Member Johnson made a motion, seconded by Council Member Shorett, to send the matter back to the Personnel Committee. No vote was taken. City Manager Parker stated that the City is in the process of conducting a salary survey as part of the Plan of Adjustment, so rather than send the matter back to the Personnel Committee, he said the position could be included in the salary survey. Council Member Johnson amended his motion, seconded by Council Member Shorett, to include the position of Mayor's Chief of Staff in the salary survey. No vote was taken. Council Member Mulvihill asked when the salary survey would be completed. Mr. Parker stated that the survey was scheduled to be completed within four to six weeks. Council Member Mulvihill asked if the Council could change the salary. Chief Assistant City Attorney Grider stated that Human Resources would have to indicate what the range would be so the correct information could be added to the resolution. Mayor Davis asked if that information could be prepared and provided to the Mayor and Council at the next Council meeting. Helen Tran, Human Resources Division Manager, answered in the affirmative. Council Member Johnson stated that with respect to the salary survey, he would like to see the population of the cities we are comparing ourselves to. Substitute Motion: Continue to February 17, 2015. RESULT: CONTINUED [UNANIMOUS] Next: 2/17/2015 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 00:54:59 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 0 Mayor and Common Council of the City of San Bernardino Page 7 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 5K. Parks, Recreation & Community Services RES. 2015-21 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting an Additional $2,500 in Funding from the Corporation for National and Community Service (CNCS) for the Retired and Senior Volunteer Program (RSVP) to Cover Program Staff Training and Training Materials. Motion. Adopt the Resolution. ........ . RESULT: ADOPTED [UNANIMOUS] 00:33:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5L. Public Works RES. 2015-22 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Service Agreement and Issuance of an Annual Purchase Order in the Amount of$400,000 with Three (3) One-Year Extensions at the City's Option to NPG Corporation for Asphalt Paving/Repair Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:04:11 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5M. Successor Agency RES. 2015-23 — 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 279 East 48th Street, San Bernardino, California. Council Member Valdivia stated he would abstain on this matter because he owns property within 500 feet of the subject residence. He left the Council Chamber and returned after the vote was taken. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 RESULT: ADOPTED [5 TO 0] 01:06:53 I MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill ABSTAIN: John Valdivia ABSENT: Henry Nickel 6. Staff Reports 6A. City Clerk RES. 2015-24 — Resolution of the Mayor and Common Council of the City of San Bernardino Setting the Fee for City Clerk Solemnization of Marriage. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:15 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 6B. Public Works RES. 2015-25 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Memorandum of Understanding No. 15-1001182 with the San Bernardino County Transportation Commission for the Advancement of the Redlands Passenger Rail Project. Public Comments: Justin Fornelli, Chief of Transit and Rail Programs, SANBAG Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:13:29 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Mr. Scott Olson indicated that he wanted to speak on the matter; therefore, Mayor Davis requested a motion to reconsider the item. Motion: To reconsider Agenda Item No. 6B. Mayor and Common Council of the City of San Bernardino Page 9 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 RESULT: ADOPTED [UNANIMOUS] 01:23:28 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:28:40 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill { 7. Public Comments on Items Not on the Agenda Martin Valdez, San Bernardino, submitted a document into the record and spoke about having a celebration to commemorate the 100`" anniversary of San Bernardino High School. He stated that the idea was to have a parade that would start at San Bernardino High School and continue down "E" Street. Mr. Valdez said they would have an entry fee and sponsors and perhaps they would be able to get a commemorative plaque and a time capsule. He requested the City's support to have further discussions with the Police Department and interested members of the City Council. Al Palazzo, Rialto, submitted into the record and spoke regarding his "Vision for the San Bernardino Carousel Mall, A Destination Reinvented: A City Within a City. Robert Porter, San Bernardino, stated that the City needs to study the history of the Serrano Indians of Arrowhead Springs more extensively before allowing anyone to build in that area. Scott Olson, San Bernardino, spoke about Mr. Palazzo's tour and the cities that put middle class rather than low income housing in their areas. He said the City of San Bernardino has developed into a city that says "no, we can't," "no, we won't," and "no, we didn't," as opposed to those cities that say "yes, we can," "yes, we will," "yes, we did," and "we shall continue." If San Bernardino does not change its attitude, it will still be the City that is low end, the City that is bankrupt, and the City that doesn't have. Jay Lindberg, San Bernardino, submitted a written document into the record and spoke about the impact of NAFTA on the City of San Bernardino 20 years ago, the expected impact of the Trans Pacific Partnership, and the war on drugs. William Cioci, San Bernardino, spoke against the ban on medical marijuana. Mayor and Common Council of the City of San Bernardino Page 10 Printed 2124 12015 Joint Regular Meeting Minutes February 2, 2015 8. Items to be Referred to Council Committees Council Member Mulvihill requested that the matter of the 100th Anniversary of San Bernardino High School be referred to the Ways &Means Committee. 9. Announcements -- Elected Officials & City Manager 10. Adjournment At 6:24 p.m., the meeting adjourned to 5:30 p.m., Monday, February 9, 2015, in the EDA Board Room, 201 N. "E" Street, San Bernardino. 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., Tuesday, February 17, 2015. GEORGEANN "GIGI" HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 11 Printed 2/24/2015