HomeMy WebLinkAbout04-18-2016 Jt. Reg Mtg MinutesCity of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
http://www.sbeity.org
MINUTES
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
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
MONDAY, APRIL 18, 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 2:03 p.m., Monday, April 18, 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
2:00 p.m.
Benito J. Barrios
Council Member, Ward 2
Present
4:00 p.m.
John Valdivia
Council Member, Ward 3
Present
4:00 p.m.
Fred Shorett
Council Member, Ward 4
Present
2:00 p.m.
Henry Nickel
Council Member, Ward 5
Present
2:30 p.m.
Bessine L. Richard
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.
Gary D. Saenz
City Attorney
Present
2:00 p.m.
Mark Scott
City Manager
Present
2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 Printed 4/19/2016
Joint Regular Meeting Minutes April 18, 2016
I. 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;
Kenneth Moseley v. City of San Bernardino - WCAB Case No. ADJ8458776;
Vinson Gates, Jr. v. City of San Bernardino - WCAB Case Nos. ADJ8851338
and ADJ8851339;
Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 1114110.
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):
One (1) item
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.
Reading of Resolutions and Ordinances
Deputy City Clerk Montoya 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 first lady, Virginia Minor.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Alan Rosenberg of Christian and Missionary Alliance Church.
The Pledge of Allegiance was led by Serenity Scott, a sixth grade student from Anton
Elementary School.
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Joint Regular Meeting Minutes April 18, 2016
2. Closed Session Report
City Attorney Saenz announced that the case of City v. San Bernardino Municipal
Water District would also be discussed during closed session, under Agenda Item IA,
conference with legal counsel regarding existing litigation.
City Attorney Saenz reported the following actions:
Under Agenda Item No. 1 A, existing litigation:
In the matter of Kenneth Moseley v. City of San Bernardino, the Council gave
settlement directive by vote of 5-0, with Council Members Barrios and Valdivia
absent;
In the matter of Vinson Gates, Jr. v. City of San Bernardino, the Council gave
settlement directive by vote of 5-0, with Council Members Barrios and Valdivia
absent.
3. Appointments
There were no appointments.
4. Presentations
® 4A. Student of the Month -- Charity Adams, Pacific High School -- Council Member
Benito Barrios
4B. Neighborhood Association Council of San Bernardino — Amelia Lopez, NAC
President
A PowerPoint was presented by Amelia Lopez.
4C. Bankruptcy/Strategic Planning Update -- Management Partners
No report.
4D. Chamber of Commerce & Local Elected Officials Announcements
Upcoming events were announced by Roger Henderson of the San Bernardino Area
Chamber of Commerce.
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Public Comments:
Betty Jean Long, San Bernardino
Motion: Waive full reading of resolutions and ordinances on the agenda dated
April 18, 2016.
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RESULT: ADOPTED [UNANIMOUS] 00:04:501
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5B. City Clerk
RES. 2016-78 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of 14 Fine Arts Commission Grant Recipient
Agreements.
Clerk Hanna provided an explanation of the Cultural Development Construction Fund.
Fine Arts Commission Chairperson Garcia explained the scoring process for the grant
applications.
Mark Persico, Director of Community Development, explained that the Cultural
Development Construction Fund was adopted by Resolution in 2006. He indicated that it
was a specific fee to the City of San Bernardino and that it was based upon the evaluation
of the project and it applied to all commercial and industrial projects. He stated that it did
not apply to residential projects.
Motion: Adopt the Resolution and authorize the City Clerk, with review by the
City Attorney, to revise the reporting dates on the agreements.
RESULT: ADOPTED [UNANIMOUS] 00:44:45
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5C. Civil Service
Personnel Actions - Classified
Public Comment:
James Penman, San Bernardino
James Smith, San Bernardino
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.
1 Approximate time of the motion/second, according to timestamp on meeting video on City website.
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RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5D. 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] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5E. Human Resources
Personnel Actions - Unclassified
Motion: Approve and ratify the unclassified personnel actions, as submitted by the
Director of Human Resources, in accordance with City, Community
Development Commission and Economic Development Agency policies
and procedures.
RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5F. Human Resources
RES. 2016-79 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Salary Range Adjustment for the Position of Director of
Finance (U).
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5G. Information Technology
RES. 2016-80 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase of a Purchase Order to Verizon Communications in
the Amount of $92,000.00 for Cellular Mobility Services.
Motion: Adopt the Resolution.
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D
RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5H. Public Works
ORD. MC -1421 - Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Update
Existing Speed Zones City Wide. (FINAL READING)
Motion: Adopt the Ordinance.
RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5I. Successor Agency
RES. 2016-81 - Resolution of the Mayor and Common Council Acting as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the
Consent to Subordinate Its Tax Regulatory Agreement to the Loan of the Department of
Housing and Urban Development in Connection with the Refinancing of the HUD Loan
on the Rancho Meridian Mobile Home Park and Such Actions as Are Necessary to
Accomplish the Foregoing.
Marla Robinson, Attorney representing Rancho Meridian Mobile Home Park
Corporation, explained that the corporation wanted to refinance the current first trustee
mortgage and asked HUD to amend the mortgage, but HUD wanted to refinance the loan.
She stated that the City of San Bernardino's position would remain the same, besides
being in a better position with a lower mortgage rate.
Public Comment:
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:57:22
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5J. Successor Agency
fe RES. 2016-82 - Resolution of the Mayor and Common Council Acting as the Successor
Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the
Consent to Subordinate Its Tax Regulatory Agreement to the Loan of the Department of
Housing and Urban Development in Connection with the Refinancing of the HUD Loan
on the Sequoia Mobile Home Park and Such Actions as Are Necessary to Accomplish the
Foregoing.
Public Comment:
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:04:50
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Public Comments on Items Not on the Agenda
Jane Sneddon, San Bernardino, invited the Mayor and City Council to a party at the
Norton Air Museum on Saturday April 23, 2016.
Stuart Haniff, representative of Feeding America San Bernardino and Riverside (Food
Bank of the Inland Empire), spoke about their first Hunger walk that would be taking
place on Saturday, May 14, 2016 at 8:00 a.m. at the San Manuel Stadium.
Robert Segura, San Bernardino, expressed his opposition to the parcel levy and opposes
the LAFCO reorganization of fire services. He stated that LAFCO was attempting to
approve a property tax increase without voter approval.
Dr. Million, San Bernardino, spoke about her nonprofit service as the United States
Marine Corp. Toys for Tots distributer for San Bernardino and Riverside County. She
stated the need for warehouse and administrative office space.
Floyd Huyler, San Bernardino, spoke in opposition to the proposed annexation and
parcel tax.
Betty Jean Long, San Bernardino, spoke about there being too many homeless people
that need housing. She said that the City needed to get a Tent City started at the airport.
Casey Armstrong, San Bernardino, stated that April was Child Abuse Awareness and
Prevention month. She announced that C.A.S.A. would be hosting their 9th Annual Care
for Kids event and extended an offer to the Mayor, City Council, and Community to
participate in the event.
Pastor Tyrone Harris, Assistant Pastor of the Church of Obedience, San Bernardino
C
read a letter from church member, Patrice Washington, who was in support of SBETA.
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James Penman, San Bernardino, spoke about the City Charter, the Mayor's power, and
the Civil Service Board.
Scott Olson, San Bernardino, spoke about his race for the Republican Central
Committee. He asked for Republican support and discussed priorities for conservatives.
Barbara Babcock, San Bernardino, spoke about the City of San Bernardino Art Night
event on May 19, 2016 at City Hall.
Monica Smith and Sherry Brent, San Bernardino, asked the City Council to reconsider
their block grant application for their non-profit organization in order to continue to serve
the homeless community.
Pastor Sam Casey, spoke on behalf of SBETA and said he was discouraged about the
veto and asked the Mayor to rethink his vote.
City Clerk Hanna read a letter into the record that was handed to her by William Ciocci
concerning a proposed medical marijuana ordinance and cannabis commission.
Al Palazzo, San Bernardino, spoke about the zoning changes in the Development Code
and said he believed the staff was not properly informing the City Council or doing the
work required to achieve a total transformation of the City.
Travon Martin, San Bernardino, spoke about his opposition to the closing of the
SBETA program.
Michael Martin, San Bernardino, spoke in support of SBETA.
Jim Smith, San Bernardino, thanked the Mayor and City Attorney for attending the
dedication of the monument honoring San Bernardino's history. He said he was
supportive of Fred Shorett, and mentioned the workshop between the City Council and
the Charter Committee.
Sandra Ibarra, San Bernardino, stated she was collecting signatures on a petition
opposing the parcel tax. She talked about shootings in her neighborhood and said she had
been complaining about the situation since October, to no avail.
Jacqueline Hill, San Bernardino, spoke in favor of SBETA and spoke about
unemployment rates and asked if the City would make the audit documents available to
the State.
Wallace Allen, San Bernardino, said one of San Bernardino's problems was lack of
employment training and said SBETA was one of the best tools they had to help the
community.
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7. Items to be Referred to Council Committees
Council Member Marquez requested that makeshift memorials be referred to the Quality
of Life Committee;
Council Member Nickel requested that outstanding items from the former Ways and
Means Committee be referred to the Quality of Life Committee;
Council Member Valdivia requested that issues of the taxicab licensing and decal
restructuring be referred to the Legislative Review Committee.
8. Announcements by Mayor, Council and Executive Staff
Mayor Davis announced that the 2016 State of the City Address would be held on Friday,
April 22, 2016 at 5:00 p.m. at the San Bernardino International Airport Domestic
Terminal.
City Clerk Hanna announced that a City Council workshop with the Volunteer Citizen -
Based Charter Review Committee would be held on Monday, April 25, 2016 at 5:00 p.m.
in the EDA Boardroom.
9. Adjournment
At 6:32 p.m., the meeting adjourned to 5:30 p.m., Monday, April 25, 2016, in the EDA
Boardroom, 201 N. "E" Street, San Bernardino, California. 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, May 2, 2016 in the Council Chamber of City Hall, 300 North "D" Street, San
Bernardino, California.
GEORGEANN "GIGI" HANNA, CMC
City Clerk
By
Valerie R. Montoya
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 9 Printed 4/19/2016