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Home My WebLink About03-04-2016 Jt. Spe 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 SPECIAL 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 FRIDAY, MARCH 4, 2016 COUNCIL CHAMBER The Joint Special Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 10:00 a.m., Friday, March 4, 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 Council Member, Ward 1 Present 10:00 a.m. Benito J. Barrios Council Member, Ward 2 Absent ---------- John Valdivia Council Member, Ward 3 Absent ---------- Fred Shorett Council Member, Ward 4 Present 10:00 a.m. Henry Nickel Council Member, Ward 5 Absent ---------- Rikke Johnson Council Member, Ward 6 Present 10:00 a.m. James Mulvihill Council Member, Ward 7 Present 10:00 a.m. R. Carey Davis Mayor Present 10:00 a.m. Georgeann "Gigi" Hanna City Clerk Present 10:00 a.m. Gary D. Saenz City Attorney Present 10:00 a.m. Mark Scott City Manager Present 10:00 a.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 3/22/2016 Special Meeting Minutes March 4, 2016 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): 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(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. 2. Closed Session Report City Attorney Saenz stated that the item listed under Agenda Item No. 1B was related to written correspondence from Corey Glave, Attorney for the San Bernardino City Professional Firefighters, indicating that there were concerns with respect to the City's compliance with the terms of the settlement agreement. I Open Session 3A. City Manaeer RES. 2016-34 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an in. Lieu Vehicle License Fee (VLF Swap) Revenue Sharing Agreement Among the City of San Bernardino, the County of San Bernardino, and the San Bernardino County Fire Protection District for the Purposes of Funding the Annexation of Fire and Related Services. Deputy City Attorney Steven Graham stated that on February 29, 2016, the Mayor and Common Council continued the item to March 21, 2016. In order to take it up at this time, he recommended that the Council: 1) waive the rules and allow reconsideration of ffi an item at a meeting subsequent; and 2) reconsider the item. Motion: Waive the rules and allow reconsideration of an item at a meeting subsequent; and reconsider the item. Mayor and Common Council of the City of San Bernardino Page 2 Printed 3/22/2016 Special Meeting Minutes March 4, 2016 RESULT: ADOPTED [UNANIMOUS] 00:05:001 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Henry Nickel Public Comments: Pat Morris, San Bernardino Scott Olson, San Bernardino Karmel Roe, San Bernardino Robert Porter, San Bernardino Jim Morris, San Bernardino Gary Walbourne, San Bernardino Cassie Levy, San Bernardino Kathy Mallon, San Bernardino (a letter addressed to Councilman Nickel was read into the record by City Clerk Hanna after the vote was taken.) City Attorney Saenz explained that the reasons for calling today's meeting were because there were severe time constraints with regard to the annexation process and the transition that needed to take place between County Fire and City Fire members that could not wait until March 21, 2016 to proceed; the County felt that unless and until the City Council adopted the transfer of tax revenues to meet one of the conditions, there would be no need to proceed; and there was a threat of litigation from Fire Union Counsel, Corey Glave. Paul Glassman, bankruptcy attorney with Stradling Yocca Carlson & Rauth, stated that when the City filed its Plan of Adjustment and its Amended Plan with the bankruptcy court last year, the Plan embodied a commitment to the court and the creditors that the City supported its Plan and was prepared to do what was necessary to emerge from bankruptcy. He said the linchpin of the Plan of Adjustment was the annexation of the Fire Department into the County Fire District and the associated parcel tax required as part of the annexation would make available revenues necessary to implement the Plan of Adjustment. The annexation was also a key element to the settlement with the Firefighters Union, which was approved by the Council. Without annexation, both the Plan of Adjustment and the firefighters' settlement would collapse and the settlements with other creditors as part of the Plan would also likely fail because everything in the Plan was connected and if a major piece were to fail, it could not easily be fixed. He stated that if the City failed to move forward with annexation, there would be severe consequences in that the City may not be able to file a feasible plan by March 30. If the annexation was not approved, a creditor could bring a motion before the court to dismiss the case, and if that were allowed to occur, it would indeed be a very dark day for the City. Assistant Chief Trapp, San Bernardino County Fire Department, answered questions posed by the Mayor and Council. Approximate time the vote was taken, according to timestamp on meeting video posted on City website. Mayor and Common Council of the City of San Bernardino Page 3 Printed 3/22/2016 Special Meeting Minutes March 4, 2016 Motion: Waive reading; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:48:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 11 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Henry Nickel __ _ _ .. ---------------- 4. __ _ ___4. Public Comment Scott Olson, San Bernardino, spoke about how the maneuvering and disingenuous nature of the administration affects public perception. He said he was tired of hearing about the arm twisting techniques over and over again and said that the consultants and the bankruptcy attorney were being paid to be biased. Karmel Roe, San Bernardino, asked if anyone knew how much the City would save by outsourcing the Fire Department. She stated that the official 45 -day protest period would begin on March 7, 2016, and end on April 21, 2016, at the close of the protest hearing. She said the Council would not get away with what they were doing to the City and mentioned www.rescuesb.com. William Cioci, San Bernardino, announced his intention to recall 4`h Ward Council Member Fred Shorett, and recited the grounds for the recall. Council Member Johnson stated that changing the Charter was integral to improving the City and suggested that perhaps the church could spread the word in order to get more people involved in the process. 5. Adjournment The meeting adjourned at 1:04 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, March 7, 2016. GEOR ANN "GIG HANNA, CMC City Clerk A Mayor and Common Council of the City of San Bernardino Page 4 Printed 3/22/2016