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Home My WebLink About05-04-2015 Jt. Reg Mtg Minutes '� ' ��►,, City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members Marquez San Bernardino, CA 92418 Virginia 9 Benito Barrios http://www.sbcity.org John Valdivia Q` Fred Shorett D iK Henry Nickel Rikke Johnson James L. Mulvihill MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO I 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, MAY 4, 2015 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 2:02 p.m., Monday, May 4, 2015, in the Council Chamber of City Hall, 300 North "D" Street, 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 2:06 p.m. Fred Shorett _ Council Member, Ward 4 Present 2:06 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 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. 0 Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker Cit Y Manager Present 2:06 p.m Gar D. Saenz City Attorney Present 1 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 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. 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): City of San Bernardino v. Federal National Mortgage Association City of San Bernardino v. Margaret M. Leon, et al. D. Closed Session- personnel - pursuant to Government Code Section 54957: City Manager 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. 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. Invocation/Pledge of Allegiance The invocation was given by Pastor Scottie Lloyd from Lutheran Church of Our Savior. The Pledge of Allegiance was led by Council Member Mulvihill. 2. Closed Session Report City Attorney Saenz announced that in the matter of City of San Bernardino v. Federal National Mortgage Association, the Council voted to give settlement negotiation direction by consensus. Mayor and Common Council of the City of San Bernardino Page 2 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 3. Appointments 3A. Appointment of Lynette Kaplan to the Board of Fire Commissioners -- Mayor Davis Approve the Appointment of Lynette Kaplan to the Board of Fire Commissioners as requested by Mayor Davis RESULT: ADOPTED [5 TO 01 00:11:55' 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. Certificates of Recognition (13) -- Volunteer Mural Painting & Lisa Burney -- Taking Back Our Neighborhood Streets Alliance-- Council Member Barrios 4B. Chapter Updates on The Great Race -- Chapter 6 -- Parks, Recreation & Community Services Director Mickey Valdivia 4C. Patrons of the Roosevelt Bowl -- Robert Rego, Treasurer of the Patrons of the Roosevelt Bowl 4D. San Bernardino Employment & Training Agency (SBETA) Update -- Executive Director Ernest Dowdy (Postponed until May 18, 2015) 4E. Redlands Rail Project Update -- Mitch Alderman, SANBAG Director of Transit and Rail -PowerPoint presentation given by Mitch Alderman. 4F. San Bernardino's Adopt-A-Street Program -- Tony Frossard, Director of Public Works 4G. Bankruptcy/Strategic Planning Update -- Management Partners City Attorney Saenz stated that the Strategic Planning Core Team consisting of seventeen community leaders met recently on April 24, 2015. He stated that there would be a meeting of that Strategic Planning Core Team on Saturday, May 16, 2015 at 8:00 a.m. at the San Bernardino Unified School District Executive Dining Hall located at 1257 Northpark Blvd., San Bernardino, to discuss the City's Plan of Adjustment and would be open to the public. 4H. Chamber of Commerce & Local Elected Officials Announcements Ashley Jones, Assemblywoman Cheryl Brown's office, gave a Legislative update on the following two Assembly Bills: Assembly Bill 1, which prohibits local governments from fining residents who fail to water their lawns. Ms. Jones stated that it passed out of the Assembly and is now in the Senate; Assembly Bill 474, a bill which would restore SSI and SSP grants which would assist blind and disabled individuals with paying Approximate time the motion/second were made, according to the meeting video on the City website Mayor and Common Council of the City of San Bernardino Page 3 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 411. Continued for basic living expenses such as food clothing, and shelter. She stated that this bill passed out of the Human Services Committee and moved to the Committee on budget Ms. Jones also announced that their office was still accepting applications for the Black Caucus scholarship. She stated that the deadline was June 12, 2015 and the award was e for $2,500 and a personal laptop computer. Ms. Jones said to call Assemblywoman Brown's office at (909) 381-3239 for additional information. Hardy Brown, Jr., San Bernardino County Board of Education, wanted to invite the City ' Council to SANDABS Legislative night on Friday, May 8, 2015 at 5:30 p.m. to 8:30 p.m. at the Embassy Suites Hotel, 3663 East Guasti Road, Ontario, California. He stated that six Assembly Members and Senators from the surrounding areas would be present to discuss education issues that were going on. 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 April 20 2 c May 4, 2015. RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 511. City Manager RES. 2015-83 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Agreement with Mercy House Living Centers for Program Operations of the San Bernardino Homeless Access Center. Brandon Mims, Project Manager/Assistant of the City Manager, explained the costs of the proposed operations for the Access Center and proposed budget for FY 2015/2016 and answered Council Members' questions. Larry Haynes, Executive Director of Mercy House, gave an update on the progress of the San Bernardino Homeless Access Center to date. He also indicated that the hours of operation for the Access Center would be extended. Council Member Valdivia asked Mr. Mims to clarify the $50,000 for Hotel Vouchers. He stated that he was a little troubled that this amount was appended into the Access Center plan. He stated that that was not his intention when he made his motion at the April 6, 2015 meeting under Item 6A. He indicated that the amount of$50,000 was not to be a part of the Access Center. Mayor and Common Council of the City of San Bernardino Page 4 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 Mr. Mims stated that since the Access Center was going to be dealing with people who were displaced and in order to reduce the administration costs and to make the entire amount available it would make sense to offer that service through the Access Center. He indicated that a contract could be developed with some other agency and offer this e service. Council Member Valdivia stated that he would like the City Manager to make sure that the amount of$50,000 was separate and apart from the Access Center. He indicated that in a catastrophic event, the residents here had the access and ability to get a one to three day voucher while getting their life together in the short term. Motion: Separate $50,000 in emergency housing vouchers and have it administered by another entity; and award $600,000 to Mercy House Living Centers. RESULT: ADOPTED [4 TO 31 01:53:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Henry Nickel NAYS: Fred Shorett, Rikke Johnson, James Mulvihill Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 21 01:39:47 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: Fred Shorett, Henry Nickel ABSTAIN: John Valdivia 5C. Civil Service Personnel Actions - Classified Motion: Approve the classified p ersonnel 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] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 5D. Finance Approval of Checks Warrants and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5E. Fire RES. 2015-84 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of the 2014/2015 California Environmental Protection Agency Grant Application in the Amount of$24,500 and Authorizing the Fire Department to Accept and Administer the Grant. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 0 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5F. Information Technolo�y RES. 2015-85 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Budget Transfer and Issuance of a Purchase Order for a Replacement Storage Area Network (San) Device Used Within the Public Safety (Police and Fire) Computer System Infrastructure. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5G. Parks, Recreation & Community Services RES. 2015-86 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals for the Construction of Handicapped Accessibility Improvements to the Parking Lot and Restrooms at the Galaxy Center Located at 1494 East Art Townsend Drive. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 ............... ..... RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5H. Police RES. 2015-87 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Issue a Request for Proposal for Constructing an Indoor Firearms Training Facility. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:04:13 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 51. Police RES. 2015-88 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a CDBG Grant Funded Park Safety Camera Expansion for the San Bernardino Police Department. Jasper Br p umzeel, Vice President of Marketing/Sales for CelPlan Technologies, Inc., stated that the cameras that were being added were similar to the ones that already exist. He said that in terms of maintenance, they had been providing maintenance for the existing system which includes technical support and replacement parts along with any glitches that were occurring with the system. He stated that CelPlan Technologies, Inc. also provided annual cleaning of the lenses and, as they expanded the system, their support would be more efficient as they move on and maintenance would be included for the first year. Public Comments: Paul Reed, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:33:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill .i 5J. Police RES. 2015-89 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a Four Camera Expansion for the Downtown Senior Mobility Corridor Camera Protection Zone System. Mayor and Common Council of the City of San Bernardino Page 7 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:48:18 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5K. Public Works RES. 2015-90 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for the Lease of Nine Hundred (900) Square Feet of City-Owned Property at Guadalupe Field Located at 780 N. Roberds Avenue for a Cellular Tower Disguised as a Monopine and Appurtenant Equipment Shelter (APN's 0139-281-04 & 45). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:51:31 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5L. Public Works RES. 2015-91 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (Dba Verizon Wireless) for the Lease of One Thousand (1,000) Total Square Feet of City- Owned Property at Nicholson Park Located at 2750 West 2°a Street for a Cellular Tower Disguised as a Monopine and Appurtenant Equipment Shelter (APN's 0142-051-13 & 14). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:51:31 1 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5M. Public Works RES. 2015-92 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a First Amendment to the Vendor Service Agreement Between Stock All Services and the City of San Bernardino Authorizing the Increase to Annual Purchase Order to $78,000. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5N. Public Works RES. 2015-93 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Implementation of the Beautiful San Bernardino Adopt-A- Street Program for the Purpose of Civic and Community Partnership in the Engagement of Cleaning City Rights of Way. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:04:33 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 50. Successor Atiency RES. 2015-94 - 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 1461 Lynwood Way, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:00:25 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5P. Water Audited Annual Financial Reports of the Water Department's Water and Sewer Utilities for Fiscal Year Ended June 30, 2014 Terri Willoughby, Director of Finance, City of San Bernardino Municipal Water Department, answered questions pertaining to elevation zone fees and constitute concerns. Ms. Willoughby stated that she would provide backup information on elevation zone fees to Council Member Nickel. Matt Litchfield, Director of Water Utility, City of San Bernardino Municipal Water Department, explained elevation zones and pumping charges. Motion: Receive and file the audited Annual Financial Report of the Water Department's water and sewer utilities, and the audited Single Audit Report on Federal Awards for fiscal year ended June 30, 2014. Mayor and Common Council of the City of San Bernardino Page 9 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 RESULT: ADOPTED [UNANIMOUS] 03:01:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Public Hearings 6A. Public Works RES. 2015-95 - Resolution of the Mayor and Common Council of the City of San Bernardino Finding and Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 974 Home Avenue, San Bernardino, CA, for the Water Department Relative to the EPA 109S Shallow Well, in San Bernardino, CA. Mayor Davis opened the hearing. Matthew Litchfield, Director of Water Utility, City of San Bernardino Water Department, gave a report on the acquisition of the property at 974 Home Avenue needed for drilling of the EPA 1095 Shallow Well. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Public Comments: Jay Lindberg, San Bernardino Motion: Close the hearing; and adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:06:18 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 7. Public Comments on Items Not on the Agenda Jay Lindberg, San Bernardino, submitted a document into the record and spoke about marijuana dispensaries as being a medical necessity for cancer patients and veterans. He stated that the death rate would drop if medical marijuana was allowed in the City. Scott Olson, San Bernardino, spoke about the plan for getting out of bankruptcy and the CDBG funding survey. Jim Smith, Highland, spoke in support of the Adopt-A-Street Program. He also encouraged the public to attend the next Budget Workshop and Volunteer Citizen-Based Charter Committee meetings. Mayor and Common Council of the City of San Bernardino Page 10 Printed 512712015 Joint Regular Meeting Minutes May 4, 2015 Al Palazzo, Rialto, spoke about the economic boom on residential construction for 0 affordable middle class housing that would attract investment by the private sector. William Cioci, San Bernardino, spoke about the Ballot Title Summary he received in regards to the filing of his measure, The San Bernardino Marijuana Clarity Act. He also handed out information on cannabis cures from the National Cancer Institute entitled "Cannabis and Cannabinoids (PDQ(X). Mr. Cioci stated that the City was keeping sick people from medicine and keeping people that could be preventing illness in the future from this medicine. He said that he still hadn't seen any just reason for the City's ban. He hoped that the City would consider some real regulations and tax revenue that could be shown as a way out of bankruptcy and helping people. Robert Porter, San Bernardino, spoke about the drought and suggested that the Mayor and City Council not consider building in the foothills because it would take away too much water that is needed today. 8. Items to be Referred to Council Committees None 9. Announcements by City Elected Officials and Executive Staff 10. Adjournment The meeting adjourned at 7:55 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, May 18, 2015. GEORGEANN "GIGI" HANNA City Clerk By Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 11 Printed 512712015