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Home My WebLink About10-17-2016 Jt. Adj Reg MinutesCity of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http,//www.sbclty.org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill JOINT ADJOURNED 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, OCTOBER 17, 2016 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:03 p.m., Monday, October 17, 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 4:10 p.m. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 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 10/11/2016 Joint Regular Meeting Minutes October 17, 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 Steve Rouchleau v. City of San Bernardino, WCAB Case No. ADJ200851 and ADJ9269559; Carla Velarde v. City of San Bernardino, WCAB Case No. ADJ9139904 and ADJ9140029; Steve Newcomer v. City of San Bernardino, WCAB Case No. ADJ8258057 and ADJ9293312; Betty Bryson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1312657; Melissa Kelley v. John Plasencia, et al. - San Bernardino Superior Court, Case No. CIVDS 1209109; Siobhan Sansone v. City of San Bernardino, et al. v. City of San Bernardino, et al. - United States District Court Case No. CV 15-01009 SJO. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). Michael Fowler v. City of San Bernardino - Claim No. CSBY-9864; Kevin Jeffrey v. City of San Bernardino - Claim No. CSBY-9592. 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 10'/17/2016 Joint Regular Meeting Minutes October 17, 2016 Reading of Resolutions and Ordinances Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Ray Turner of Temple Missionary Baptist Church. The Pledge of Allegiance was led by Victor Zepeda, a fifth grade student from Cole Elementary School. The Estrella family sang the Star Spangled Banner, God Bless America and I'm Proud to Be An American. 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Steve Rouchleau v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Carla Velarde v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Steve Newcomer v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Betty Bryson v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Melissa Kelley v. John Plasencia, et al, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Siobhan Sansone v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; Under Agenda Item No. 1 B, anticipated litigation: In the matter of Michael Fowler v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Barrios absent; In the matter of Kevin Jeffrey v. City of San Bernardino, the Council gave settlement direction by vote of 4-2, with Council Member Barrios absent and Council Members Marquez and Valdivia voting no. Mayor and Common Council of the City of San Bernardino Page 3 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 3. Appointments No appointments were made at this meeting. 4. Presentations 4A. 10th Unveiling of the Hometown Heroes Military Banners — Council Members Marquez, Valdivia and Shorett Banners were presented to honor the following individuals: Daniel Corral, Navy; Octavio Roberto Duarte, Marine; Cuauhtemoc Harvey, Marine; Corey Raymond Husky, Army; Robert Mitchell Madrigal, Army; Christopher Ryan Montoya, Army; Garret A. Pattison, Navy; Gregory Matthew Rodriguez, Air Force; and Cameron Stewart Urquhart, Air Force. The Estrella family sang God Bless America and Proud to Be an American. 4B. Student of the Month — Areli Lopez, Middle College High School - Council Member Valdivia 4C. Citizen of the Month — Benita Rodriguez - Council Member Richard 4D. Muscupiabe Neighborhood Association — Lynne Wear Lynne Wear presented a PowerPoint presentation entitled "Building Community and Neighborhood Unity" and passed out a copy of the Muscupiabe Neighborhood Association newsletter to the MCC. 4E. Bankruptcy/Strategic Planning Update — Management Partners Andy Belknap, of Management Partners, gave the Council an update on the progress of the City's bankruptcy case, including the October 14, 2016 confirmation hearing. The judge stated during the hearing that City evidence for bankruptcy was overwhelming and credible. The next hearing is November 15, 2016. The City should be discharged from bankruptcy in early 2017. 4F. Chamber of Commerce & Local Elected Officials Announcements Chamber Board Member Leslie Stevens announced upcoming Chamber of Commerce events and activities. 5. Consent Calendar Agenda Item 5F was pulled from the Consent Calendar by Council Member Henry Nickel and Agenda Item 5H was pulled from the Consent Calendar by Council Member John Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 4 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 5A. City Clerk Waive Full Reading of Resolutions and Ordinances rward(s): AII] L., Public Comments: James Penman, San Bernardino Motion: Waive full reading of resolutions and ordinances on the agenda dated October 17, 2016. F- __ _ RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 LA CONDER: Jim Mulvihill, Council Member, Ward 7 ES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 513. City Clerk Council Minutes -- October 10, 2016 [Ward(s): N/A] Public Comments: James Penman, San Bernardino Motion: Approve the minutes of the Mayor and Common Council meeting of October 10, 2016, as submitted. f RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. Civil Service Personnel Actions - Classified [Ward(s): All] Public Comments: James Penman, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 I AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 5D. Civil Service RES. 2016-214 — Resolution of the Mayor and Common Council of the City of San Bernardino Revising Civil Service Rules 305, 401.1, 411, 412, 500.2, and 510 Regarding Qualification and Disqualification of Applicants and Voluntary Demotions. [Ward(s): All] Public Comments: Scott Olson, San Bernardino James Penman, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5E. Finance Approval of Commercial Checks and Payroll Checks [Ward(s): All] Public Comments: James Penman, San Bernardino Motion: Approve the claims and payroll and authorize the issuance of 0 warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5F. Finance Receive and File the Annual Financial Report for Fiscal Year Ending June 30, 2015 [Ward(s):] Public Comments: Karmel Roe, San Bernardino James Penman, San Bernardino Consensus: Receive and file. C7 Mayor and Common Council of the City of San Bernardino Page 6 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 5G. Finance RES. 2016-215 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Auditing Services Between the City of San Bernardino and the Pun Group LLP. [Ward(s):] Public Comments: James Penman, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5H. Public Works Ordinance of the Mayor and Common Council of the City of San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled "Scrap Tires." (First Reading) [Ward(s): All] Council Member Valdivia suggested that all ordinances be considered by the 10 Legislative Review Committee. Public Works Director Chris Alanis said that the Ordinance incorporates legislative changes the city is required to follow and to allow the franchise of solid waste services. Public Comments: James Penman, San Bernardino Motion: Lay over ordinance for final adoption RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 7 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 51. Public Works RES. 2016-216 — 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" to Establish a One -Way Stop at the Intersections of Pumalo Street at Erwin Avenue, and Pumalo Street at Conejo Drive, Declaring College Avenue a through Highway from University Parkway to and Including Lilac Street and to Establish a Three Way Stop at the Intersection of Allen Street and Julia Street. [Ward(s): 1, 5 & 7] Public Comments: James Penman, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5J. Public Works RES. 2016-217 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Master Agreement Administering Agency -State IQ Agreement No. 08-50331`15 with the State of California, Department of Transportation (Caltrans) for Federal -Aid Projects and Authorizing the City Manager to Execute Said Agreement and All Program Supplements to the Master Agreement. [Ward(s): All] Public Comments: James Penman, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5K. Public Works RES. 2016-218 — Resolution of the Mayor and Common Council of the City of San Bernardino Making Application to the Local Agency Formation Commission to Provide City Sewer Services to Property Within Unincorporated Territory Located at 20225 Kendall Drive. [Ward(s): N/A - Surrounded by Ward 6] Public Comments: James Penman, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 Motion: 1). Authorize the Director of Public Works to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 20225 Kendall Drive(APN:0266-021-28, 0266-021-29, 0266- 021-49, 0266-021-51 and 0266-012-13); and 2). Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Public Hearings 6A. City Clerk RES. 2016-219 — Resolution of the Mayor and Common Council of the City of San Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees. [Ward(s): All] Mayor Davis opened the hearing. Motion: 1) Close the Public Hearing; direct the City Clerk to administratively remove any properties from Exhibit "A" which have been paid prior to the hearing; and 2) Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6113. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non -Residential Zoning Districts. (FIRST READING) [Ward(s): All] Mayor Davis opened the hearing. Mayor and Common Council of the City of San Bernardino Page 9 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 Oliver Mujica, Planning Services Manager, presented the key operational standards for collection boxes. 4P Motion: 1). Close the Public Hearing; and 2). Lay over Ordinance for final adoption. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6C. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Substantial Amendment to the HUD Fiscal Year 2015-2019 Consolidated Plan and Fiscal Year 2016-2017 Annual Action Plan. (#4663) [Ward(s): All] Public Comments: Karmel Roe, San Bernardino Motion: Continue hearing to November 21, 2016 and refer the item to the CDBG Ad Hoc Committee RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Staff Reports 7A. Successor Agency RES. 2016-220 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Vendor Services Agreement Between the City of San Bernardino and Overland, Pacific & Cutler, Inc. for Relocation Services and Approving Certain Related Actions [Ward(s): One] Council Member Marquez asked that the MCC receive quarterly updates on the project. Speakers asked to speak on this issue and the Mayor declined to allow them, stating that Public Comment on the item had already been heard earlier in the meeting. Council Member Nickel asked to appeal the Mayor's decision and the Mayor said the vote had already taken place. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Valdivia, Nickel Chief Assistant City Attorney Jolena Grider said that a Motion to Appeal the Chair's decision had been made and must be considered. Public Comment: Tim Prince, San Bernardino John Spurlin, San Bernardino Motion: Appeal the chair's decision about Public Comments on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Public Comments on Items not on the Agenda Karmel Roe, San Bernardino, said the forum on Measure L at the Women's Club the previous weekend went well, despite some initial difficulties. She said that despite supporting the recall, she has written a check to financially support the anti -Measure L efforts. Scott Olson, San Bernardino, said the history of San Bernardino has included many unfulfilled promises. He then urged people to vote no on Measure L. Betty Jean Long, San Bernardino, spoke about being robbed and said if it happened again, she would have the person arrested. Marilyn Patterson, San Bernardino, said the proposed Charter is a tool to try to return the City to its previous glory. The Charter was one thing that we could look at and it made sense. The Charter Committee did its best to give something to the Council, which you voted for. She said that she was so hopeful that those who want to see us come back will vote for the new Charter. Margaret Hill, San Bernardino, said there are good people on both sides of the Charter argument. She stated that whatever position you take, do it from your heart but don't blame people because they don't think or act like you do. It is nothing personal, just what people believe in. She said she would vote yes on Measure L. Mayor and Common Council of the City of San Bernardino Page 11 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 Ernie Garcia, San Bernardino, said the Board of Supervisors, the Community College District and the San Bernardino City School Board were all elected by the people and responsible to the people, but they hired an executive to implement their policies. The problem of not knowing who was in charge had been a problem for a long time. He said to vote for the clear lines of authority and responsibility, vote for sanity, responsibility, transparency and accountability. Shirley Harlan, San Bernardino, said people must register to vote in the coming election by October 24, and suggested that people go to the end of the long ballot to get to the City issues first. Ralph Flowers, San Bernardino, said the Roadhouse Biker Church took the San Bernardino City flag flying at the 9/11 memorial. He also discussed the Central City Mall and said that maintaining it was a huge cost. He said we needed to stop being so negative and instead be positive about what we can do for our City. Jill Vasilakos-Long, San Bernardino, Co -President of the League of Women Voters of the San Bernardino area stated that the League did not take positions lightly. She said that, first, it studies an issue, then does research via committee, which reports to the full body at the annual meeting, where the group takes a vote; it is a year-long process. She said that they made recommendations on the Charter of San Bernardino four times and they don't come to a position quickly. She hoped that people would vote yes on Measure L and see it as an opportunity to get clear accountability in the city. Deanna Adams, San Bernardino, said the Charter was being used as a scapegoat to cover the ills of the elected officials. She asked why people would give up the right to vote when people have died for the right. She questioned the City's commitment to not outsource the Police Department when the language of the proposed Charter does not explicitly prohibit it. Robert Porter, San Bernardino, thanked the Council for giving the public the right to speak when almost cut off by the Mayor. He said he was one of the only people who had attended meetings both in support and in opposition to Measure L. He said he could not get confirmation that San Bernardino City Police Department will be there in the future. Mary Saxon Hobbs, San Bernardino, said she and her friends would be voting yes on Measure L. She said they wondered why it had taken so long. She discussed the City's designation of an All -America City in 1976-77. She said she had the desire for the City to move forward and the only way that was going to happen is with Measure L. James Penman, San Bernardino, said he had attended the televised forum on Measure L and said that the group in support of Measure L spent much of their debate time to excoriate him. He said we needed to not take hits at people on each side, but to talk about the provision of Measure L: it takes away our right to vote, allows the Council to set its own salary, takes away the City's anti -nepotism position and was being driven by a vendetta. Mayor and Common Council of the City of San Bernardino Page 12 Printed 10/17/2016 Joint Regular Meeting Minutes October 17, 2016 Jim Smith, San Bernardino, said the last part of the bankruptcy solution was to 40 vote yes on Measure L. He said he strongly believed that we needed to move the City forward and the way to do it was to approve Measure L. Tim Prince, San Bernardino, said he respected the League of Women Voters and usually agreed with them. He said their process in studying Measure L was flawed and the League did not hear both sides. Neither did the Charter Review Committee. He said that no one from a strong Mayor form of government provided input. He said the public passed its Charter in 1905, and they had been right for over a 100 years. He urged a no vote on Measure L. 14 9. Items to be Referred to Council Committees No items were referred to committee. 10. Announcements from Mayor, Common Council and Executive Staff 10. Adjournment The meeting adjourned at 8:15 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, November 7, 2016. Y: GEOR ANN"GIGI' anna City Clerk Mayor and Common Council of the City of San Bernardino Page 13 Printed 10/17/2016