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Home My WebLink About02-01-2016 Jt. Reg Mtg MinutesCity 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 Jim 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 MONDAY, FEBRUARY 1, 2016 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, February 1, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Benito J. Barrios Council Member, Ward 1 Present 2:00 p.m. Council Member, Ward 2____f�Present 2:22 p.m. John Valdivia Council Member, Ward 3 Present 5:40 p.m. Fred Shorett _ Council Member, Ward 4 ,Present 2:00 p.m. Henry Nickel Council Member, Ward 5._ T Absent ----------- 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 Presentw . ip2:00 p.m. Georgeann "Giga" Hanna City Clerk Present 2:00 p.m. Gary D. Saenz _,�r _ --_ _..City Attorney Present r 2:00 p.m. Jarrod Bur uan Interim City Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 2/412016 Joint Regular Meeting Minutes February 1, 2016 0 0 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; Darren Longnecker v. City - WCAB Case No. ADJ9190680; Carl Williams v. City - WCAB Case No. ADJ9634066. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item Claim of Joseph Shuck C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. McDaniel D. Closed Session - personnel - pursuant to Government Code Section 54957(b). 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(a). 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: Property: 280 South "E" Street, San Bernardino, CA 92401 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 Elder Anderson from the Church of Jesus Christ of Latter-day Saints. The Pledge of Allegiance was led by Elisama Sagal, a sixth grade student at Warm Springs Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 C7 0 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of Darren Longnecker v. City, the Council gave settlement directive by vote of 5-0 with Council Members Valdivia and Nickel absent; In the matter of Carl Williams v. City, the Council gave settlement directive by vote of 5-0 with Council Members Valdivia and Nickel absent. Under Agenda Item No. 1B, anticipated litigation, significant exposure to litigation: In the matter of the Claim of Joseph Shuck, the Council gave settlement directive by vote of 5-0 with Council Members Valdivia and Nickel absent. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. McDaniel, the Council gave settlement directive by vote of 5-0 with Council Members Valdivia and Nickel absent. 3. Appointments 3A. Mayor's Office Appointment of Janette McKaig to the Parks & Recreation Commission - Council Member Jim Mulvihill Motion: Approve the appointment of Janette McKaig to the Parks & Recreation Commission as requested by Council Member Jim Mulvihill. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 James Mulvihill, Council Member, Ward 7 Marquez, Barrios, Shorett, Johnson, Mulvihill John Valdivia, Henry Nickel 3B. Mayor's Office Appointment of Joyce P. Seeger to the Fine Arts Commission - Council Member Henry Nickel Motion: Approve the appointment of Joyce P. Seeger to the Fine Arts Commission as requested by Council Member Henry Nickel. 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 3 Printed 2/4/2016 m Joint Regular Meeting Minutes February 1, 2016 RESULT: ADOPTED [UNANIMOUS] 00:03:56 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill ABSENT: John Valdivia, Henry Nickel 4. Presentations 4A. Certificates of Appreciation to 6th Ward Commissioners — Council Member Rikke Johnson 4B. Black History Month — Hardy Brown II — Council Member Rikke Johnson 4C. Resolution to Reserve Officer Richard Dewberry in Appreciation for 50 Years of Voluntary Service to the San Bernardino Police Department Reserve Unit — Council Member Fred Shorett and Police Chief Jarrod Burguan Chief Burguan also presented Mr. Dewberry with the San Bernardino Police Department Reserve Officer of the Year Award for 2015 and his 50 -year pin. 4D. Status Update Regarding the "E" Street Park Construction Project — San Bernardino Valley Municipal Water District Manager of Engineering Wen Huang and Parks, Recreation & Community Services Director Mickey Valdivia 4E. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners Andrew Belknap, Regional Vice President, Management Partners, Inc., reported that at a public hearing on January 27, 2016, held in the Council Chamber of City Hall, the Local Agency Formation Commission (LAFCO) voted unanimously in favor of the City's annexation into the County Fire Protection District subject to the City's compliance with the conditions of approval. He said the annexation solidified a major component of the City's bankruptcy recovery plan and was a major step in that regard along with the contract that the Council recently approved for the solid waste franchise. Mr. Belknap stated that there was also an agreement with City Firefighters in connection with the annexation that would allow the City to wrap up some existing litigation issues. 4F. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced upcoming Chamber events and activities. 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 1, 2016. Mayor and Common Council of the City of San Bernardino Page 4 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 RESULT: ADOPTED [UNANIMOUS] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 5B. City Clerk Council Minutes - December 2, 2015; December 7, 2015; December 15, 2015; and December 21, 2015 Council Member Johnson stated he would abstain on the Minutes of December 15, 2015, because he was not present at that meeting. Motion: Approve the Minutes of the Mayor and Common Council Meetings of December 2, 2015; December 7, 2015; December 15, 2015; and December 21, 2015. RESULT: ADOPTED [UNANIMOUS] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 5C. City Clerk Council Minutes - January 4, 2016; January 19, 2016; and January 25, 2016 Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Approve the Minutes of the Mayor and Common Council Meetings of January 4, 2016; January 19, 2016; and January 25, 2016. ADOPTED [UNANIMOUS] 1:41:41 Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill Henry Nickel 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Bond Expenditure Agreement with the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Approving Certain Related Actions. Bill Manis, Deputy City Manager, stated that at today's meeting of the Oversight Board, staff was asked to prepare a spending plan; therefore, he requested that the item be pulled from the agenda. Consensus: Table. Mayor and Common Council of the City of San Bernardino Page 5 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 5E. City Manager 0 RES. 2016-11 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of a Housing Related Parks Program Application to the California Department of Housing and Community Development. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 5F. City Attorney RES. 2016-12 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute a Global Settlement Agreement with the San Bernardino Professional Firefighters Union. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 1:46:29 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 5G. 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] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel Mayor and Common Council of the City of San Bernardino Page 6 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 5H. Finance 0 RES. 2016-13 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Consultant Services Agreements Between Consultant Maggie DeMauro and the City of San Bernardino and Ronak Desai dba R.T Desai & Associates and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: MOVER: SECONDER AYES: ABSENT: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvil�, Henry Nickel 5I. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 5J. Finance RES. 2016-14 — 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 Resolution of Intention to Approve a Contract Between the Board of Administration California Public Employees' Retirement System and 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. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel .......................... __......... ....._......................... A Mayor and Common Council of the City of San Bemardino Page 7 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 5K. Human Resources 0 RES. 2016-15 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Revised Job Descriptions for the Assistant Planner/Associate Planner (Flex) Position and the Associate Planner Position. Motion: Adopt the Resolution. ............. . . ........................... . RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvil Henry Nickel 5L. Police RES. 2016-16 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submission of the Updated California Emergency Management Agency (Cal EMA) Form 130 -Designation of Applicant's Agent Resolution to the State of California Emergency Management Agency. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 1:41:41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill j ABSENT: Henry Nickel 5M. Public Works RES. 2016-17 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Establishment of On Street Diagonal Parking on the South Side of 4"' Street, from "D" Street to "E" Street. Motion: RESULT: MOVER: SECONDER: AYES: i ABSENT: L Adopt the Resolution. ADOPTED [UNANIMOUS] 1:41:41 Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill Henry Nickel 5N. Public Works RES. 2016-18 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Superdry Restoration Inc. 0 for Emergency Restoration Services. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 2/4/2016 I Joint Regular Meeting Minutes February 1, 2016 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihi Henry Nickel 50. Successor Aaeney 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 Bond Expenditure Agreement with the City of San Bernardino and Approving Certain Related Actions. Bill Manis, Deputy City Manager, stated that at today's meeting of the Oversight Board, staff was asked to prepare a spending plan; therefore, he requested that the item be pulled from the agenda. Consensus: Table. 6. Staff Reports 6A. City Cler0 k Selection of 2016 City Delegate and Alternate to the Southern California Association of Governments (SLAG) General Assembly (GA) Motion: Approve the selection of Council Member Shorett as delegate and Council Member Valdivia as alternate to the 2016 Southern California Association of Governments (SCAG) General Assembly (GA) May 5 - 6, 2016 in La Quinta California. RESULT: ADOPTED [UNANIMOUS] 1:48:00 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Johnson, Mulvihill ABSENT: Henry Nickel 7. Public Comments on Items Not on the Agenda Rory Murray, San Bernardino, announced that on Saturday, February 6, 2016, from 1-4 p.m., Cartoonist Phil Ortiz would be signing autographs and painting his Simpson characters on the mural at the McDonald's Museum located at the corner of "E" and 14th Streets. Mr. Murray stated that at the Council meeting following the tragedy that occurred on December 2, 2015, he debuted the song, "We Will Rise." He announced that the song had been recorded and produced by his friend, Dennis Hackett, and that it was available to listen to and download at cdbaby.com. Mayor and Common Council of the City of San Bernardino Page 9 Printed 2/4/2016 Joint Regular Meeting Minutes February 1, 2016 Scott Olson, San Bernardino, announced the names of the candidates he was supporting for City Council in the 6th and 7th Wards. Robert Porter, San Bernardino, announced the name of the 7th Ward City Council candidate he would be voting for in the February 2, 2016, run-off election. Dolores Armstead, San Bernardino, stated that she was excited about the "E" Street Park Construction Project, and urged the City to consider using local contractors. 8. Items to be Referred to Council Committees None. 9. Announcements by Mayor, Council and Executive Staff 10. Adjournment The meeting adjourned at 6:17 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., Tuesday, February 16, 2016. GEORGEANN "GIGI" HANNA, CMC City Clerk yp Linda Sutherland Deputy City Clerk A iwayor and Common Council of the City of San Bernardino Page 10 Printed 2/4/2016