The URL can be used to link to this page

Home My WebLink About09-08-2015 Jt Reg Mtg MinutesFAIR 0 City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Rikke Johnson James L. Mulvihill 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 TUESDAY, SEPTEMBER 8, 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., Tuesday, September 8, 2015, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Rikke Johnson James Mulvihill Title Council Member, Ward 1 Council Member, Ward 2 Council Member, Ward 3 Council Member, Ward 4 Council Member, Ward 5 Council Member, Ward 6 Council Member Ward 7 R. Carey Davis Mayor____ Georgeann "Gigi" Hanna City Clerk Allen Parker ity Manager Gary D. Saenz City Attorney Status Arrived I Present 2:00 p.m. Present Present Present Present Present Present Present Present Present Present 2:57 p.m. 4:09 p.m. 2:00 p.m. 2:00 p.m.__ 2:00.p.m. .. 2:00 p.m. 2:00 p.m. 2:00 p.m. 2:00 p.m. 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 9/22/2015 4M Joint Regular Meeting Minutes September 8, 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; OM Verizon, LLC v. City of San Bernardino — San Bernardino Superior Court, Case No. CIVDS 1406798. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item One (1) Item 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. (40, F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Property: 500 Inland Center Dr. - APN 0136-531-08 Agency Negotiator: Bill Manis, Deputy City Manager Negotiating Parties: Macerich on Behalf of WM Inland Investors IV Property: 2500 Pacific Street, Highland, CA 92346 Agency Negotiator: Allen Parker, or Designee Negotiating Parties: The Elmore Group Under Negotiation: Both Price and Terms 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 Dr. Fred Adams from The Rock Church. The Pledge of Allegiance was led by Mrs. Bethany Valdivia. Mayor and Common Council of the City of San Bernardino Page 2 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 Moment of Silence Mayor Davis requested a moment of silence in memory of Jonathan Montes. 2. Closed Session Report Chief Assistant City Attorney Grider announced the following actions: In the matter of In re: City of San Bernardino — U.S. Bankruptcy Court, Case No. 6:12- bk-28006 MJ, the council voted 5-0 (with Barrios and Valdivia absent) to authorize the City Attorney's office to make a statement in open session that the Council authorized the issuance of an RFP for Fire Services in Closed Session on April 6, 2015. In the matter of OM Verizon, LLC v. City of San Bernardino, the Council gave settlement direction by vote of 5-0; Under Agenda Item No. 1D, personnel: Agenda Item No. 5C was discussed; Under Agenda Item No. 1 G, conference with real property negotiator: Regarding property located at 500 Inland Center Dr., the Council gave negotiation direction by vote of 5-0 (with Barrios abstaining); Regarding property located at 2500 Pacific Street, Highland, CA 92346, the Council gave negotiation direction by consensus. 3. Appointments There were no commission appointments. 4. Presentations 4A. Certificates of Recognition Honoring Kim Carter, Staff & Board Members, Time For Change — CNN Hero — Council Member Shorett 413. Proclamation Honoring California State University, San Bernardino — 50th Anniversary — Mayor Davis 4C. Proclamation Designating September 8, 2015, as International Literacy Day — Council Member Marquez 4D. Proclamation Designating September 2015, as Toastmasters Awareness Month — Council Member Marquez 4E. Certificates of Recognition Honoring San Bernardino Youth Baseball Pony Division Team — "Best in the West" — Council Member Shorett and Jordan Wright from Supervisor Josie Gonzales' office 4F. Recognition of Newly Granted U.S. Citizenship & Voter Registration — Bethany Valdivia — City Clerk Hanna Mayor and Common Council of the City of San Bernardino Page 3 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 4G. Bankruptcy/Strategic Planning Update -- Management Partners (No report) 4H. Chamber of Commerce & Local Elected Officials Announcements 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 September 8, 2015. RESULT: ADOPTED [UNANIMOUS] 00:53:311 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5B. City Clerk RES. 2015-196 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Records by the City Clerk's Office. Public Comments: Deanna Adams, San Bernardino Motion: Adopt the Resolution. 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, Mulvihill 5C. 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, with the exception of Item Nos. 12 (Adam Affrunti) and 13 (Christopher Gray). Approximate time the motion/second were made, according to meeting video posted to City web site. Mayor and Common Council of the City of San Bernardino Page 4 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 RESULT: ADOPTED [UNANIMOUS] 00:54:28 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Motion: Approve the classified personnel actions Nos. 12 (Adam Affrunti) and 13 (Christopher Gray), 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 [5 TO 2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Mulvihill NAYS: Virginia Marquez, Rikke Johnson 5D. Finance Approval of Checks Warrants and Payroll Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 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, Mulvihill 5E. 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] 00:53:31 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5F. Human Resources RES. 2015-197 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Purchase the City's Property, Auto, and Cyber Security Insurance. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 r� 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, Mulvihill 5G. Human Resources RES. 2015-198 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between the City of San Bernardino and Goldman Magdalin Krikes, LLP to Provide Workers' Compensation Legal Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:02:17 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5H. Information Technology RES. 2015-199 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of Annual Purchase Orders for the City's 800 Mhz Rack and Circuit Rental, Dispatch Console Maintenance, Citywide 800 Mhz Backbone Maintenance, Citywide 800 Mhz Time and Materials Maintenance, MDC User Fees, and Citywide 800 Mhz Radio Maintenance from the County of San Bernardino's 800 Mhz Group. Motion: Adopt the Resolution. 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, Mulvihill 5I. Police RES. 2015-200 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing that the FY2015/2016 Adopted Budget be Amended to Include Encumbrance Carryovers of FY2014/2015 Police Department Purchases. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 RESULT: ADOPTED [UNANIMOUS] 01:11:06 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5J. Police RES. 2015-201 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation and Expenditure of the Allocated FY 2014/2015 Justice Assistance Grant (JAG) Funds in FY 2015/2016. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 1:11:06 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5K. Police RES. 2015-202 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer at Rialto High School. Motion: Adopt the Resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] 00:53:31 Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5L. Public Works RES. 2015-203 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution.... Designating Certain Streets or Portions Thereof as Through Highways and Establishing a One -Way Stop..." to Include the Intersection of Commercial Road and Steele Street. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 RESULT: Q MOVER: SECONDER: I AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5M. Treasurer's Office Treasurer's Report for the Month of July 2015 Motion: Receive and file. 00:53:31 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, Mulvihill 6. Public Hearings 6A. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Adopting the 2012 Edition of the International Property Maintenance Code with Specific Amendments. (FIRST READING) Q Mayor Davis opened the hearing. Mark Persico, Community Development Director, stated that this item was part of their continuing efforts to streamline the Code Enforcement process. Jodi Mansfield, Code Compliance Manager, stated that the primary objective in adopting provisions of the International Property Maintenance Code was to modernize charging provisions and to add specific amendments to Chapter 15 of the San Bernardino Municipal Code. No public comments were received. Motion: Lay over Ordinance for final adoption at the regularly scheduled meeting of the Mayor and Common Council on October 5, 2015. RESULT: FIRST READING [UNANIMOUS] Next: 10/5/2015 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 1:26:30 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 6B. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino Repealing Chapters 3.68 and 8.27; and Amending Chapter 8.30 of the San Bernardino Municipal Code Regarding Public Nuisance Abatement. (FIRST READING) Mayor Davis opened the hearing. Mayor and Common Council of the City of San Bernardino Page 8 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 Jodi Mansfield, Code Compliance Manager, stated that on January 5, 2015, the Community Development Department presented the need for streamlining processes to the Mayor and Common Council. She stated that the goal was to streamline the administrative hearing process by repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amending Chapter 8.30. No public comments were received. Motion: Lay over Ordinance for final adoption at the regularly scheduled meeting of the Mayor and Common Council on October 5, 2015. RESULT: FIRST READING [UNANIMOUS] Next: 10/5/2015 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 1:26:30 SECONDER: James Mulvihill, Council Member, Ward 7 LAVES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 7. Staff Reports 7A. City Attorney Presentation by the City Attorney's Office on the Brown Act Deputy City Attorney Graham stated that he had prepared a new Brown Act pamphlet for the Mayor and Common Council. Mr. Graham gave a PowerPoint presentation entitled, "Brown Act Training: Mayor and Common Council." Public Comments: Jay Lindberg, San Bernardino Consensus: Receive and file. 7B. City Manager 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 Approving a Professional Services Agreement with James P. Morris. Staff requested that the item be continued for two weeks. Motion: Continue to September 21, 2015. RESULT: CONTINUED [6 TO 11 Next: 9/21/2015 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 04:29:11 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 9 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 7C. Council Office 2015 San Bernardino County Water Conference Council Member Mulvihill gave a brief report. Consensus: Receive and file. 7D. Council Office Education Bridge Committee Update Council Member Johnson stated that the Committee was looking into a combined effort with the San Bernardino City Unified School District to host an event at the end of May 2016, called "San Bernardino Showcase Extravaganza, Making Hope Happen." Consensus: Receive and file. 7E. Successor Agency RES. 2015-204 — Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Long -Range Property Management Plan Pursuant to California Health and Safety Code Section 34191.5 and Approving Certain Related Actions. Steve Dukett, Urban Futures, Inc., gave a PowerPoint presentation entitled, "Successor Agency to the Redevelopment Agency of the City of San Bernardino, Draft Long Range Property Management Plan, September 2015." Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:01:58 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 8. Public Comments on Items Not on the Agenda Deanna Adams, San Bernardino, stated that in 1968 the Council adopted a utility tax which started at 5 percent and has increased over the years to 7.83 percent. She said that when the State of California implemented Proposition 218, a State measure which tied the hands of local bodies from using their general funds for exempt funds, the City had no choice but to implement Measure L, and came up with an idea to mitigate the tax from 7.83 percent to 7.75 percent. Ms. Adams stated that most cities set those funds aside in a Aap, separate account for future comparison to anticipate tax revenue that the tax was intended to cover. She said that Proposition 218 protects funds that citizens pay for services and that the City was prohibited from tampering with those funds; however, transfers were Mayor and Common Council of the City of San Bernardino Page 10 Printed 9/22/2015 Joint Regular Meeting Minutes September 8, 2015 being made without documentation to show where the funds came from. Ms. Adams said the utility tax must be treated as a special tax like Measure C. A particular use or purpose must never be deposited in the general fund or borrowed for something else. She added that she was very concerned about how the tax accounts were being spent. Robert Porter, San Bernardino, stated that he wanted to hear more discussion about bringing businesses into the community and being business friendly. He suggested that the Arrowhead symbol be changed to a spirit eagle or an eagle ascending into Heaven. William Reasons, San Bernardino, stated that he would like to open a thrift store in the City near his residence. He asked the Council to rethink the current moratorium. Larry Lee, San Bernardino, thanked the Mayor and Council for their hard work and commitment, and said a prayer for the City. Jay Lindberg, San Bernardino, spoke about the war on drugs. Thomas McGovern, San Bernardino, photographer, writer and educator, announced that his photographs would be on display through the end of September at the National Orange Show Art Gallery exhibition "Swap Meet: This is San Bernardino." He stated that he wanted to show the vitality of the City and its people through the prism of the swap meet. Mr. McGovern distributed an event flyer to the Mayor and Council. John Valdivia, San Bernardino, stated that the Committee to Re-elect John Valdivia for City Council 2015 would be hosting a sustainability event at the Inland Center Mall on Saturday, September 19, 2015, from 9 a.m. to 12 p.m. He said the event will feature paper/document shredding, expired medication drop off, and a free organic compost and mulch pick up. Barbara Babcock, San Bernardino, stated that Kim Carter was one of 25 people from 80 countries who was singled out this year to become a CNN Hero. She stated that she would like to get Kim into the top ten and explained the way to do that was to go onto the Facebook page for Time for Change and like that page and to also go to CNN Heroes and watch the two videos and make a positive comment. Ms. Babcock said the group that wins often ends up with so much publicity, they could end up with millions of donations from organizations. Sandra Ibarra, San Bernardino, stated that Code Enforcement was doing a great job; reported a fatal accident at Fifth Street and the I-215 Freeway; reported that she saw an SUV with a Highland license plate dumping furniture in the empty lot near Costco; said she watched the discussion regarding City Fire and did not appreciate the Brown Act fiasco; stated that it was uncertain what was going to happen with the parcel tax money; said she got to meet Deputy City Manager Bill Manis and signed up to meet Mayor Davis; and stated that there were a lot of concerned citizens in her community, and it would be great if they had a voice. 9. Items to be Referred to Council Committees Council Member Shorett requested that the provision on how committees are established be referred to the Legislative Review Committee. Mayor and Common Council of the City of San Bernardino Page 11 Hnnted Y1ZZ1zu70 Joint Regular Meeting Minutes September 8, 2015 10. Announcements by Council Members, Mayor and Executive Staff • Adjournment 11. The meeting adjourned at 9:15 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, September 21, 2015. GEORGEANN "GIGI" HANNA City Clerk By Linda Sutherland Deputy City Clerk C Aw Mayor and Common Council of the City of San Bernardino Page 12 r 111— 11`