The URL can be used to link to this page

Home My WebLink About05-15-2017 MCC MinutesCity of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MAY 15, 2017 COUNCIL CHAMBER The Joint Regular Adjourned Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor Carey Davis at 2:04 PM, Monday, May 15, 2017, in the Council Chamber, 300 North "D" Street (Lobby), San Bernardino, CA. Mayor and City Council of the City of San Bernardino Page 1 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:04 PM_ Benito J. Barrios Council Member, Ward 2 Present 2:04 PM John Valdivia Council Member, Ward 3 Present 2:04 PM Fred Shorett Council Member, Ward 4 Present 2:04 PM Henry Nickel _Council Member, Ward 5 Present 2:4_4 PM Bessine L. Richard Council Member, Ward 6 Present 2:06 PM James Mulvihill Council Member, Ward 7 Present 2:18 PM R. Carey Davis "Gig!" Mayor _ Present 2:0_4 PM Georgeann Hanna City Clerk Present 2:04 PM Gary D. Saenz City Attorney Present 2:04 PM Mark Scott City Manager Present 2:04 PM Closed Session Ic1 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 VAN I -_ LrA i ■ ■ • ~1' ■ 0-11 _.-Mw 12■ ■. Paul Triplett v. City of San Bernardino, et al., United States District Court Case No. CV08-07257 MWF(AJWx) Marisa Havins v. City of San Bernardino, WCAB Case Nos. ADJ10456478 & ADJ10575237 Patrick Pritchett v. City of San Bernardino, WCAB Case Nos. ADJ8835913 & ADJ8835829 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6: Negotiator: Helen Tran, Human Resources Director Mark Scott, City Manager Employee Organization: Middle Management Mayor and City Council of the City of San Bernardino Page 2 Printed 512312017 Joint Regular Meeting MINUTES May 15, 2017 Reading of Resolutions and Ordinances Deputy City Clerk Candice Alvarez read into the record the titles of all the resolutions and ordinances on the agenda for March 15, 2017. Invocation/Pledge of Allegiance Pastor Ray Miller of the San Bernardino Police Department Chaplin Corps led the invocation. The Pledge of Allegiance was given by Oscar Lozada-Vicendio, a sixth grade student from Holcomb Elementary School. 2. Closed Session Report City Attorney Gary Saenz reported: Under Agenda Item No. 1A, the cases listed would not be discussed in Closed Session: • AMF 1278, LLC, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1702219 • Kush Concepts Collective, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1702131 • Michael Lee, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1704539 • Quiang Ye, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 1704276 Under Agenda Item No. 1A, Conference with Legal Counsel -- Existing Litigation; In the matter of Paul Triplett v. City of San Bernardino, et al., Council gave settlement directive by a vote of 5-0, with Council Member Richard abstaining and Councilmember Nickel absent. In the matter of Marisa Havins v. City of San Bernardino, Council gave settlement directive by a vote of 6-0, with Councilmember Nickel absent. In the matter of Patrick Pritchett v. City of San Bernardino, Council gave settlement directive by a vote of 6-1, with Councilmember Valdivia voting no. Under Agenda Item No. 1B, Conference with Labor Negotiator: The Council received a negotiation update regarding Middle Management. Presentations 1. Summer Reading Program 2017 Librarian Ed Erjavek announced the kick-off to the City's Summer Reading program at four City libraries, from May 22 to July 22. Mayor and City Council of the City of San Bernardino Page 3 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 2. Present a Citizen of the Month award to Cheryl Brown — Council Member Richard Council Member Richard presented former Assemblywoman Cheryl Brown with the Citizen of the Month award. Consent Calendar The items on Consent Calendar were voted on in a single vote. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive Full Reading of Resolutions and Ordinances on the agenda dated May 15, 2017. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Commercial and Payroll Checks RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. Vacation of Century Avenue Between Showcase Drive North and Camino Real Approved Motion: Adopt the Resolution. Reso. 2017-82 Resolution of the Mayor and City Council of the City of San Bernardino, declaring its intention to conduct a Public Hearing to consider vacation of Century Avenue between Show Case Drive North and Camino Real and the Reservation of utility easements therein. Mayor and City Council of the City of San Bernardino Page 4 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Amendment One to Professional Services Agreement with R.T. Desai & Associates for Accounting Consultant Services Approved Motion: Adopt the Resolution. Reso. 2017-83 Resolution of the Mayor and City Council of the City of San Bernardino, authorizing the execution of Amendment No. One to the Professional Services Agreement with R.T. Desai & Associates for accounting consulting services RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Authorization for the City Manager to Reinstate Payouts for All Employees' Accrued Post -Petition Leave Bank Payoffs, Cash -Outs, or Sellbacks Approved Motion: Reso. 2017-84 Adopt the Resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to reinstate payouts for all employees' accrued post-petition leave bank payoffs, cash -outs, or sellbacks pursuant to Memorandums of Understanding approved by the Mayor and City Council RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 5 Printed 5123/2017 Joint Regular Meeting MINUTES May 15, 2017 8. Second Amendment to the Consultant Services Agreement Between the City of San Bernardino and Flores & Associates Speaker Karmel Roe This item was originally voted on as a Consent Calendar item, but reconsidered after a speaker said she had turned in a request to speak on the item. Approved Motion: Reconsider the item. RESULT: ADOPTED [5-2] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard NOES: Shorett, Mulvihill Approved Motion: Reso. 2017-85 Adopt the Resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Second Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Public Hearings 9. FY 2017-18 HUD Annual Action Plan Mayor Davis opened the hearing and City Clerk Hanna swore in those wishing to give testimony on the item. Speakers - Opposed Karmel Roe Approved Motion: Adopt the Resolution. Reso. 2017-86 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Fiscal Year 2017-18 United States Department of Housing and Urban Development (HUD) Annual Action Plan. Mayor and City Council of the City of San Bernardino Page 6 Printed 5123/2017 Joint Regular Meeting MINUTES May 15, 2017 RESULT: ADOPTED [6-1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill NOES: Nickel 10. Refuse Accounts Liens Mayor Davis opened the hearing and City Clerk Hanna swore in those wishing to give testimony on the item. Speakers - Opposed Ricardo Hernandez? Karmel Roe Approved Motion: Adopt the Resolution. Reso. 2017-87 Resolution of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. San Bernardino County Code Related to the Abatement of Fire Hazards and Hazardous Trees with Local Amendments (Chapter 3 of Division 3 of Title 2 of San Bernardino County Code) — Final Reading and Adoption Approved Motion: Adopt the Ordinance. MC -1445 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting by reference Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code related to the abatement of fire hazards and hazardous trees with local amendments. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 7 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 Staff Reports 12. 2016 Audited Financial Statements Finance Director Brent Mason gave a presentation about the completed audited financial statements for FY 2016. No vote was taken on this item. 13. Charter Implementation Update; Ordinance Repealing and Replacing Chapter 2.50 of the City of San Bernardino Municipal Code to Implement the Provisions of the Newly Adopted City Charter; Personnel Commissioner Appointments; Amendments to the Civil Service/Personnel Rules; and Delete the Chief Examiner Classification (U) and Establish the Administrative Services Officer (U) Job Description and Classification Approved Motions: Adopt the Resolutions; Appoint the Civil Service Board of Commissioners to serve as the Personnel Commission until replaced by further action of the MCC; and Introduce an Ordinance repealing Chapter 2.50 of the City of San Bernardino Municipal Code related to the Civil Service/Personnel rules and regulations and replacing it with a new Chapter 2.50 related to the Personnel Commission. Reso. 2017-88 Resolution of the Mayor and City Council of the City of San Bernardino, California, renaming the Civil Service Rules and Regulations to Personnel Rules ("Rules"); approving amendments to Rules 513-513.5 and 601 pursuant to Chapter 2.50 of the Municipal Code; Conforming rules 513-513.5 and 601 to the new Charter by changing references from the Civil Service Board to the Personnel Commission; delegating authority for actions other than disciplinary appeals previously assigned in the rules to the Civil Service Board and Chief Examiner to a designee of the appointing power under a Human Resources Department Reso. 2017-89 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing and approving the classification and job description of Administrative Services Officer (U) and deleting the classification of Chief Examiner (U). Mayor and City Council of the City of San Bernardino Page 8 Printed 5/23/2097 Joint Regular Meeting MINUTES May 15, 2017 RESULT: ADOPTED [7-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Property Tax Exchange Related to Local Agency Formation Commission 3188A — Reorganization to Include Annexations to the City of San Bernardino and to San Bernardino County Fire Protection District Zones FP -5 and FP -5 San Bernardino and Detachment from County Service Area 70 Approved Motion: Give authority to the City Manager to do what he needs to do move forward with alternate dispute process. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Property Assessed Clean Energy (PACE) Programs Speakers Brandon Edwards, Rancho Cucamonga Seidy Lamas, Fontana Jonathan Kevles, Oakland Casey Dailey, San Bernardino Brent Neben, Alisa Viejo, Approved Motion: Table the item. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 9 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 16. Election of Mayor Pro Tempore Alternate Motion: Retain current Mayor Pro Tempore John Valdivia until December 20, 2017. RESULT: FAILED [4-3] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member Ward 6 AYES: Valdivia, Nickel, Richard NOES: Marquez, Barrios, Shorett, Mulvihill Approved Motion: Elect Fred Shorett as Mayor Pro Tempore until December 20, 2017. RESULT: ADOPTED [4-3] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member Ward 1 AYES: Marquez, Barrios, Shorett, Mulvihill NOES: Valdivia, Nickel, Richard 17. Amendment of the CalPERS Contract to Establish a New Retirement Benefit Formula for Police Safety — Final Reading and Adoption Approved Motion: Adopt the Ordinance. MC -1446 Ordinance of the Mayor and City Council of the City of San Bernardino, California, authorizing an Amendment to the Contract between the Mayor and City Council of the City of San Bernardino, California, and the Board of Administration of the California Public Employees' Retirement System.. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 10 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 18. Settlement and Release Agreement with ACAA Limited Partnership Related to 542 N. Mt. Vernon Avenue, San Bernardino Approved Motion: Adopt the Resolution. 2017-90 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Settlement and Release Agreement between the City of San Bernardino and ACAA Limited Partnership related to 542 N. Mt. Vernon Avenue, San Bernardino, California, and approving certain related actions. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Documents Effecting the Negotiated Debt Restructuring of the 2005 Pension Obligation Bonds, the 1996 Lease Revenue Refunding Bonds, and the 1999 Refunding Certificates of Participation Approved Motion: Adopt the Resolutions. Reso. 2017-91 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the amendment of documents relating to the taxable Pension Obligation Bonds, 2005 Series A, approving the execution and delivery of certain documents in connection therewith and certain other Reso. 2017-92 matters Resolution of the Mayor and City Council of the City of San Bernardino Authorizing the Amendment of Documents Relating to the Lease Revenue Refunding Bonds (City Hall Project) Series 1996, Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters Reso. 2017-93 Resolution of the Mayor and City Council of the City of San Bernardino Authorizing the Amendment of Documents Relating to the Refunding Certificates of Participation (1999 Police Station, South Valle and 201 North E Street Projects), Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters Mayor and City Council of the City of San Bernardino Page 11 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 Reso. 2017-94 Resolution of the Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority Authorizing the Amendment of Documents Relating to the Lease Revenue Refunding Bonds (City Hall Project) Series 1996, Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters Reso. 2017-95 Resolution of the Mayor and City Council of the City of San Bernardino, California acting as the San Bernardino Joint Powers Authority authorizing the amendment of documents relating to the refunding certificates of participation (1999 Police Station, South Valle and 201 N. E Street Projects), approving the execution and delivery of certain documents in connection therewith and certain other matters RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. League of California Cities 2017 Legislative Action Day Council Member Valdivia gave an oral report on the League of California Cities 2017 Legislative Action Day. No vote was taken on this item. 21. Public Comments on Items Not on the Agenda Deanna Adams, San Bernardino, spoke about the Unreinforced Masonry (URM) meeting she attended and those she spoke with about the issue. Christopher DeKalp commended the police department for recent actions and said he would like the issue of sex trafficking be part of the overall city discussion. Roxanne Garcia, from Assemblywoman Reyes' Office, said she had enjoyed the opening of the John ole Skate park. She also invited nominations of community leaders aged 30 and under for the Assemblywoman's 30 Under 30 recognition event. Karmel Roe, San Bernardino, spoke about the URM and read names of the businesses on the list. Larry Heasley, San Bernardino, asked why the Verdemont Community Center remains closed when residents were promised it would take 90 days and it has been 6 months. He also asked why city employees are allowed to resign rather than be fired. Hank Mitchell, San Bernardino, said a homeless group had moved in near Verdemont, with vehicles, tents and temporary structures in the riverbed and fires near the chaparral. He asked that the City Manager and Fire Department address the issue. Mayor and City Council of the City of San Bernardino Page 12 Printed 5/23/2017 Joint Regular Meeting MINUTES May 15, 2017 Sandra Ibarra, San Bernardino, said she had contacted HUD and said that the way the Citizens Advisory Board is being run is unacceptable. Maribell Delgado, San Bernardino, (speaking in Spanish) said she had a long list of Code Enforcement complaints that she has been cited for. Robert Porter, San Bernardino, said the opening of the skate park was an excellent event, but it needed skateboard -themed vendors. He also asked about the timing of the budget workshop. 22. Items to be Referred to Council Committees Council members asked for updates of bankruptcy costs; the Verdemont Community Center; drought restrictions, the status of the convention center and the medians on Muscupiabe. 23. Announcements by Mayor, City Council, and Executive Staff 24. Adjournment The meeting adjourned at 7:41 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 4:00 p.m., Wednesday, June 7, 2017 in the Board Room at 301 N. E Street, San Bernardino, California. t Eby. Georgea . "Gigi" Ha r�, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 13 Printed 5/23/2097