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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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 4/19/2016 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. Mayor and Common Council of the City of San Bernardino Page 3 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 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. Mayor and Common Council of the City of San Bernardino Page 4 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 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. Mayor and Common Council of the City of San Bernardino Page 5 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 A 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 Mayor and Common Council of the City of San Bernardino Page 6 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 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. Mayor and Common Council of the City of San Bernardino Page 7 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 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. A Mayor and Common Council of the City of San Bernardino Page 8 Printed 4/19/2016 Joint Regular Meeting Minutes April 18, 2016 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