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Home My WebLink About01-19-2016 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 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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE GOVERNING BOARD OF THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY 1:�►i17 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, JANUARY 19, 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., Tuesday, January 19, 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 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:10 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 3:15 p.m. 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 Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.-- .m.-Jarrod JarrodBurguan Interim City Manager Present 2:10 p.m. Gary D. Saenz City Attorney Present 2:00 P.M. Mayor and Common Council of the City of San Bernardino Page 1 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 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; City of Fontana, et al. v. The State Board of Equalization, et al. - County of Alameda, Case No. RG14-721676; Richard Peterson v. City of San Bernardino - WCAB Case Nos. ADJ2660526, ADJ260771 and ADJ8156932; Glen Aire Mobile Home Park Corp., et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS1114110. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): "Potential tax liability - San Bernardino Joint Powers Financing Authority" C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Hughes City v. Seleska 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, California 92401 Reading of Resolutions and Ordinances Deputy City Clerk 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 Dr. Fred Adams of the Rock Church. The Pledge of Allegiance was led by Council Member Mulvihill. Mayor and Common Council of the City of San Bemardino Page 2 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 0 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item 1 A, existing litigation: In the matter of City of San Bernardino v. U. S. Bankruptcy Court, Case No. 6:12-bk-28006 MC, and the negotiations with respect to the pension obligation bond holders, the Council gave settlement direction by vote of 5-1 with Council Member Valdivia voting "no" and Council Member Nickel absent; In the matter of City of San Bernardino v. U. S. Bankruptcy Court, Case No. 6:12-bk-28006 MC, and the negotiations with respect to the Firefighter's Union, the Council gave settlement direction by vote of 5-1 with Council Member Valdivia voting "no" and Council Member Nickel absent. In the matter of Richard Peterson v. City of San Bernardino — WCAB Case Nos. ADJ2660562, ADJ260771 and ADJ8156932, Council gave settlement direction by vote of 7-0; In the matter of Glen Aire Mobile Home Park Corp. et al. v. City of San Bernardino, et al. — San Bernardino Superior Court, Case No. CIVDS1114110, the Council gave settlement direction by vote of 7-0. Under Agenda Item 1 B, anticipated litigation, significant exposure to litigation: In the matter "Potential tax liability — San Bernardino Joint Powers Financing Authority", the Council acting as the Governing Board of the San Bernardino Joint Powers Financing Authority gave settlement direction by vote of 6-1, with Council Member Valdivia voting "no". Under Agenda Item 1 C, anticipated litigation, initiation of litigation: In the matter City v. Hughes, the Council gave settlement direction by vote of 6- 1, with Council Member Johnson voting "no". 3. Appointments 3A. Mayor's Office Appointment of Matthew Aguayo to the Parks and Recreation Commission - Council Member Virginia Marquez Motion: Approve the appointment of Matthew Aguayo to the Parks and Recreation Commission as requested by Council Member Virginia Marquez. Mayor and Common Council of the City of San Bemardino Page 3 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 RESULT: ADOPTED [UNANIMOUS] 00:03:051 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 3B. Mayor's Office Appointment of Kerry D. Peterson to the Fine Arts Commission - Council Member Virginia Marquez Motion: Approve the appointment of Kerry D. Peterson to the Fine Arts Commission as requested by Council Member Virginia Marquez. RESULT: ADOPTED [UNANIMOUS] 00:03:05 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 4. Presentations 4A. Student of the Month — Keith Brown, Arroyo Valley High School — Council Member Rikke Johnson 4B. Citizen of the Month — Phil Savage — Council Member Jim Mulvihill 4C. Public Works El Nino Storm Response Update Marlene Miyoshi, Interim Director of Public Works, gave a PowerPoint presentation on El Nino Storm Response Update dated January 19, 2016. 4D. Future Unmanned Aerial Systems (UAS) Usage by the Police Department — Acting City Manager Jarrod Burguan Chief Burguan presented a video of the Unmanned Aerial Systems. 4E. Bankruptcy/Strategic Planning Update -- Management Partners City Attorney Saenz reported that a Status Conference hearing regarding the Fire Union's Civil Rights Action against the City was set for January 28, 2016 at 1:30 p.m. in Judge Jury's courtroom. He stated that there would also be a hearing on the Status Conference with regards to the meet and confer efforts in which the City was engaged with the Fire Union. He also announced that there would be a hearing regarding the City's Motion to Modify the Existing Injunctive Order asking for the Court to lift the Injunction with respect to the annexation on March 2, 2016; a hearing regarding the Adequacy of the Final Amended Disclosure Statement on March 9, 2016 at 1:30 p.m.; and a Status Conference with respect to the entire bankruptcy case at that time. Approximate time the motion/second were made according to timestamp on video posted on City website. Mayor and Common Council of the City of San Bernardino Page 4 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 Mr. Saenz announced that there would be a LAFCO hearing on January 27, 2016 between 9:00 a.m. and 12:00 p.m. in the Council Chambers with respect to the City's Application for Annexation. Mr. Saenz also reported in Closed Session that the City continued to negotiate with both the Pension Obligation Bondholders and with the Fire Union in an attempt to reach a settlement with both of those entities which was still ongoing. 4F. Chamber of Commerce & Local Elected Officials Announcements There were no announcements. 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 January 19, 2016. RESULT: ADOPTED [UNANIMOUS] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5B. City Clerk Council Minutes - November 2, 2015; November 16, 2015; November 19, 2015; and November 23, 2015 Council Member Marquez stated she would abstain on the November 23, 2015 minutes, as she was absent from that meeting. Council Member Johnson stated he would abstain on the November 23, 2015 minutes, as he was absent from that meeting. Motion: Approve the Minutes of the Mayor and Common Council Meetings of November 2, 2015; November 16, 2015; November 19, 2015; and November 23, 2015. RESULT: ADOPTED [5 TO 01 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSTAIN: Virginia Marquez, Rikke Johnson - Mayor and Common Council of the City of San Bernardino Page 5 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 5C. 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] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 LAYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, 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] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5E. Human Resources Personnel Actions - Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5F. Human Resources RES. 2016-3 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Salary Range Adjustment for the Position of Director of Public Works (U). Motion: Adopt the Resolution. Al Mayor and Common Council of the City of San Bernardino Page 6 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 RESULT: ADOPTED [UNANIMOUS] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5G. Human Resources RES. 2016-4 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Fire Department Ranges P-1 (Firefighter), P-2 (Paramedic/Firefighter), P-3 (Engineer), P-4 (Captain/Fire Investigator) and Firefighter Trainee Effective August 1, 2015. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:22:33 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5H. Police RES. 2016-5 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $33,838.06 from Asset Forfeiture Funds into the FY2015/2016 Budget and Issuance of a Purchase Order to Tyco Integrated Security, LLC, in an Amount Not to Exceed $33,838.06 for Replacement of the PRAC System at the Police Department. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:10 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5I. Police RES. 2016-6 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of an Additional $10,000.00 into the Development Impact Fees Fund FY 2015/16 and Issuance of a Purchase Order to G&S Carpet Mills, Inc. for Flooring at the Police Department Building. Motion: Adopt the Resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 01:22:33 Mayor and Common Council of the City of San Bernardino Page 7 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 5J. Police C) RES. 2016-7 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt and Obligation of the FY 2015 Body Worn Camera Pilot Implementation Program Grant from the Bureau of Justice Assistance (BJA). Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] John Valdivia, Council Member, Ward 3 Benito J. Barrios, Council Member, Ward 2 Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 01:25:32 5K. Successor Agency RES. 2016-8 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino Approving the Subordination of a Deed of Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real Property Located at 1555 East Lynwood Drive, San Bernardino, California. Public Comments: Patricia Sacks, San Bernardino, submitted a newspaper article for the record. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:26:47 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill NAYS: John Valdivia 6. Staff Reports 6A. City Manager Second Quarterly Presentation on San Bernardino's Regional Access Center Brandon Mims, Deputy Director of Housing, gave a second quarter PowerPoint presentation on the Access Center. Angela (wanted to remain anonymous), gave a testimonial about the services she received from the Access Center. Mayor and Common Council of the City of San Bernardino Page 8 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 Public Comments: Patricia Sacks, San Bernardino, submitted a newspaper article for the record Jim Smith, San Bernardino Jay Lindberg, San Bernardino Larry Singleton, Riverside Consensus: Receive and file. 6B. Community Development RES. 2016-9 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Art Night 2016 as a City Sponsored Event. Mark Persico, Director of Community Development gave a PowerPoint presentation on Art Night 2016. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 01 02:2:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill ABSENT: John Valdivia, Henry Nickel ------- 6C. Council Office City Council Committee Assignments — Community Development Block Grant (CDBG) Ad Hoc Committee Motion: Approve the recommended Council Committee assignments effective January 20, 2016 as follows: Council Member Valdivia, Chairperson; and Council Members Marquez and Johnson as members. RESULT: ADOPTED 15 TO 01 02:30:03 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 7. Public Comments on Items Not on the Agenda Colleen Kearns, San Bernardino, spoke about the homeless issue and problems on her street on Monte Vista Drive in San Bernardino. She submitted a comprehensive plan dated November 19, 2015. Larry Guidry, San Bernardino, gave an update on the most recent park revitalization project held at Speicher Park. He spoke about illegal dumping at Shandin Hills and cleanup that was needed in the area above "E" Street, near Kendall Drive. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1/20/2016 Joint Regular Meeting Minutes January 19, 2016 Robert Porter, San Bernardino, spoke about the art in the City's hills made by the Serrano Indians which could be utilized for tourists. He stated that the City needed to focus on tourism. Jay Lindberg, San Bernardino, spoke about homelessness and the war on drugs. Scott Olson, San Bernardino, spoke about elections and candidates for the February 2, 2016 run-off election. Al Palazzo, San Bernardino, spoke about a County program that would pay for interns. He stated that this program was for retired citizens who wished to work part-time. He said that he wanted to be the City Council's Economic Advisor. Larry Singleton, Riverside, spoke about an article he read in the newspaper regarding the San Bernardino shooting. He also spoke about the investigation of terrorism. Sandra Ibarra, San Bernardino, spoke about the interfaith vigils, homeless, and squatters in her neighborhood. She stated that she was going to protest the parcel tax as a homeowner and encouraged her neighbors and homeowners to do the same. She spoke about neighboring cities dropping off their ex -convicts, homeless, and drug addicts at the City parks. She suggested the City charge those neighboring cities per person and use the money to clean up the City. She also suggested that the City lift the ban on dispensaries in order to generate revenue. 8. Items to be Referred to Council Committees None 9. Announcements from Mayor, Common Council and Executive Staff 10. Adjournment At 7:52 p.m., the meeting adjourned to 5:00 p.m., Monday, January 25, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino. 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, February 1, 2016. GEORGEANN "GIGI" HANNA ity Clerk By Valerie R. Montoy Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 10 Printed 1/20/2016