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Home My WebLink About05-18-2015 Jt. Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis 300 North D Street Council Members Virginia Marquez y, San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett v tN Henry Nickel Rikke Van Johnson James L. Mulvihill I MINUTES 0 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, MAY 18,2015 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 2:02 p.m., Monday, May 18, 2015, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. i Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 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 2:05 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 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker City Manager Present 2:00 .m. _. p Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 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; Kim Thompson v. City of San Bernardino - Workers' Comp. Case Nos. ADJ8522880 and ADJ8522877; Glen Aire Mobilehome Park Corporation, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 111410. 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. Invocation/Pledge of Allegiance The invocation was given by Bishop Ernest Dowdy from the Church of the Living God. The Pledge of Allegiance was led by Council Member Barrios. 2. Closed Session Report City Attorney Saenz reported the following actions: In the case of Kim Thompson v. City of San Bernardino, the Council gave settlement negotiation direction by a vote of 7-0; In the case of Glen Aire Mobilehome Park Corporation, et al. v. City of San Bernardino, et al., the Council authorized increased outside counsel legal fees by a vote of 7-0. Mayor and Common Council of the City of San Bernardino Page 2 Printed 6/3/2015 Joint Regular Meeting Minutes May 18, 2015 3. Appointments 3A. Mayor's Office Appointment of Jimmie Hill to the Historical Preservation Commission - Council Member Jim Mulvihill Motion: Approve the appointment of Jimmie Hill to the Historical Preservation Commission as requested by Council Member Jim Mulvihill. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 4. Presentations 4A. Chapter Updates on The Great Race -- Chapter 7 -- Parks, Recreation & Community Services Director Mickey Valdivia (Continued to June 1, 2015) 4B. Proclamation Recognizing May 2015 as Law Enforcement Month -- Mayor R. Carey Davis —Accepted by Jack Avakian, San Bernardino Area Chamber of Commerce 4C. San Bernardino Employment & Training Agency (SBETA) Update -- Executive Director Ernest Dowdy 4D. Bankruptcy/Strategic Planning Update -- Management Partners (Included in Discussion of Agenda Item No. 6A) 4E. Chamber of Commerce & Local Elected Officials Announcements 5. Consent Calendar Scott Olson, San Bernardino, said he had noticed a disturbing trend where several items were being lumped onto the consent calendar thereby denying residents the ability to address individual issues. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated May 18, 2015. RESULT: ADOPTED [UNANIMOUS] 04:23:27' MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill 0 ABSENT: John Valdivia Approximate time the motion/second were made according to meeting video posted on the City website Mayor and Common Council of the City of San Bernardino Page 3 Printed 6/32015 Joint Regular Meeting Minutes May 18, 2015 5B. City Clerk Council Minutes - April 6, 2015; April 20, 2015, and April 27, 2015 Motion: Approve the Minutes of the Mayor and Common Council Meetings of April 6, 2015; April 20, 2015; and April 27, 2015. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5C. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to Employment Agreement Between Allen Parker and the City of San Bernardino. Motion: Continue to June 1, 2015. RESULT: CONTINUED [UNANIMOUS] Next: 6/1/2015 2:00 PM MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 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. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5E. Finance Approval of Checks Warrants and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 4 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5F. 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] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5G. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals for the Construction of a Double Faced Free Standing Pylon Sign on Highland Avenue at Perris Hill Park in the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:27:44 MOVER: Benito J. Barrios, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5H. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals for the Purchase of an Industrial Diesel Engine Driven Portable Generator. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:31:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 5 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 5I. Police Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Animal Control and Housing Agreement Between the City of Grand Terrace and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5J. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Acceptance of Quitclaim Deeds from San Bernardino Associated Governments (SANBAG) for Street and Highway Purposes in Relation to the SbX Bus Rapid Transit Project. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill IABSENT: John Valdivia 5K. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $20,000 to Account No. 126-400-5111 "Materials & Supplies" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Authorizing the Execution of a Second Amendment to the Agreement with Quality Light and Electrical for the Purchase of Street Light Materials & Supplies. Motion: Adopt the Resolution. ......... ... . RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 6 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 SL. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $30,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126) and Authorizing the Execution of a Second Amendment to the Agreement with Quality Light and Electrical for Street Light Repair Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5M. Successor A2ency 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 4394 North Pershing Avenue, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:23:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6. Staff Reports 6A. City Manaller Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Implementation of the City's Fiscal Recovery Plan, the Filing of the Chapter 9 Plan of Adjustment and Disclosure Statement, and the Filing of Related Documents. Motion: Adopt the Resolution. Public Comments: Dr. Dale Marsden, Superintendent, San Bernardino City Unified School District Josie Gonzales, Board of Supervisors - 5th District, San Bernardino Gil Botello, San Bernardino Deanna Adams, San Bernardino Robert Porter, San Bernardino Phil Savage, San Bernardino Mayor and Common Council of the City of San Bernardino Page 7 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 Rabbi Hillel Cohn, San Bernardino Paul Sanborn, San Bernardino Scott Olson, San Bernardino Stephen Johns, City Employee Amelia Lopez, San Bernardino Jay Lindberg, San Bernardino Michael Velarde, San Bernardino Fred Grochulski, San Bernardino Paul Flores, General Unit Representative Steve Tracy, Vice President of San Bernardino City Professional Firefighters Rebecca Daugherty, City Employee Bessine Littlefield Richard, San Bernardino William Valle, San Bernardino Ron Sellers, San Bernardino Damon Alexander, San Bernardino Al Palazzo, Rialto City Manager Parker introduced the team who prepared the recovery plan. Representatives from the City included himself, Mayor Davis, City Attorney Saenz, Deputy City Manager McKay, and Special Projects Manager Morris. Other important input was received from the Strategic Planning Core Team, Department Directors, residents and community leaders. There were approximately 500 persons in attendance at the five various meetings that were held and there were another 500 persons that were contacted through a school district survey. Consultants involved in the process were: Andy Belknap from Management Partners; Michael Bush from Urban Futures; The Law Office of Linda Daube and Associates; and Paul Glassman, from Stradling Yocca Carlson& Rauth, the primary attorney dealing with the court throughout the bankruptcy. City staff and the consultants explained the purpose of the plan, the approach and methodology, the path to bankruptcy, the strategic challenges, the Proposed Recovery Plan in Support of the Plan of Adjustment, and the next steps. Questions posed by members of the Council were addressed by the bankruptcy team. RESULT: ADOPTED 16 TO 11 03:13:38 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill NAYS: John Valdivia 613. Successor Ai!ency Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Issuance of Its Refunding Bonds; Approving a Form of Indenture, a Form of Bond Purchase Agreement and a Form of Continuing Disclosure Agreement; Making Certain Determinations Relating Thereto; and Authorizing Certain Other Action in Connection Therewith. Mayor and Common Council of the City of San Bernardino Page 8 Printed 61312015 Joint Regular Meeting Minutes May 18, 2015 Motion: Adopt the Resolution, as amended, striking the reference to the Finance Director and Successor Agency Secretary in Section 2, page 6, and adding Deputy City Manager. RESULT: ADOPTED [UNANIMOUS] 04:45:15 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 7. Public Comments on Items Not on the Agenda Deanna Adams, San Bernardino, spoke in opposition to the City's Recovery Plan and stated that she did not have enough time to thoroughly examine, analyze, and critique it because it wasn't posted online until Thursday, May 14, 2015, at 4:57 p.m. She stated that she was no longer speaking before a democratic society and that the Council had transformed into a communistic assembly. Scott Olson, San Bernardino, stated that it was a sad day in San Bernardino when the only things residents had to look forward to were, less services, more taxes, and things like the utility tax that punishes the poor more than anyone else. He spoke about the audit reports for 2012-13 and 2013-14; CalFire; the Roadshows; and Management Partners. Robert Porter, San Bernardino, asked why the core team had already left and stated that he thought they would have cared a little bit more about the City. Al Palazzo, Rialto, spoke regarding his vision for a portion of the Carousel Mall. He stated that all the Council members needed to get involved to give the community the best it can have; otherwise, the City will end up with a bunch of high-rent cookie-cutter apartments that San Bernardino doesn't need. He stated that he had spoken to someone who suggested that new schools could be magnets around which new middle class housing could be built and attract future young vocational graduates from Valley College and Cal State. Jay Lindberg, San Bernardino, spoke regarding the three-strike rule; the war on drugs; and the legalization of medical marijuana. Stephen Johns, San Bernardino, stated that on May 14, 2015, at 5:58 p.m., 28 minutes after City Hall closed, and one hour and 28 minutes after the last shift at the City Yards clocked out, a letter was e-mailed to All City Employees Re Bankruptcy Update - Ongoing Communication. He stated that the majority of these employees were not able to read the e-mail until May 18, 2015. Another problem was how to inform employees who do not have City-issued e-mail addresses, such as himself. Mr. Johns stated that one would think that an e-mail containing sensitive information would be available to all employees before the end of their shift. He stated that a constituent had posted the e-mail on Facebook. Mayor and Common Council of the City of San Bernardino Page 9 Printed 6/3/2015 Joint Regular Meeting Minutes May 18, 2015 Q Charles Greenwood, San Bernardino, said he hoped the City was right about the other company taking care of the Public Services employees. He asked if the City would guarantee that statement. 8. Items to be Referred to Council Committees (none) 9. Announcements by Council Members & Executive Staff 10. Adjournment At 9:42 p.m., the meeting adjourned to 5:30 p.m., Wednesday, May 27, 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., Monday, June 1, 2015. GEORGEANN "GIGI" HANNA City Clerk BY� / Lt, � �� l�r Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 10 Printed 61312015