HomeMy WebLinkAbout11-02-2015 Jt. Reg Mtg Minutes WAR°l�o� City of San Bernardino Mayor R. Carey Davis
300 North "D" Street Council Members
e San Bernardino CA 92418 Virginia Marquez
Benito Barrios
http://www.sbcity.org John Valdivia
Fred t
n iN� • Henry Nickel
Rikke Johnson
James L. Mulvihill
MINUTES
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, NOVEMBER 2, 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 2:06 p.m., Monday, November 2, 2015, 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 2:00 p.m.
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Present 4:00 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.
Georgeann "Gi i" Hanna City Clerk _ Present 2:00 p m.
Allen Parker City Manager er Present 1 2:00 p.m.
Gary D. Saenz City Attorney Present ? 2:00 p.m.
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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 San Bernardino v. Robert Aaberg, et al. — San Bernardino County
Superior Court, Case No. CIVDS 1511135;
James Beach v. City of San Bernardino — Workers Compensation Appeals
Board, Case No. ADJ9221558.
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.Fannie Mae City v.MPN 14,Limited Partnership
City v. Lidman City v.Federal National Mortgage Association
City v. Riad City v. Ong
City v. Bank of New York Mellon
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:
Mid-Management
G. Conference with real property negotiators - Pursuant to Government Code Section
54956.8:
Property: 1494 and 1554 E. Art Townsend Drive,APN 0136-341-09
Negotiating Parties: Bill Manis and Mickey Valdivia on behalf of the City and the
IVDA
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances
on the agenda.
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Moment of Silence
Council Member Marquez requested a moment of silence in memory of Honoria Canul, co-
owner of Molly's Restaurant. Council Member Barrios requested a moment of silence in
memory of George Gastel, former Senior Affairs Commissioner.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Dennis Morgan Brown. The Pledge of Allegiance was
led by Julio Haros, a first grade student at Roosevelt Elementary School.
2. Closed Session Report
City Attorney Saenz reported the following actions:
Under Agenda Item No. IA, existing litigation:
In the matter of City of San Bernardino v. Robert Aaberg, et al., the Council gave
settlement directive by vote of 5-0;
In the matter of James Beach v. City of San Bernardino, the Council gave settlement
directive by vote of 5-0.
Under Agenda Item No. 1 B, anticipated litigation, significant exposure to litigation:
In the matter of Potential tax liability - San Bernardino Joint Powers Financing
Authority, the Council, acting as the San Bernardino Joint Powers Financing
Authority, gave settlement directive with respect to the IRS by vote of 5-1. (After the
meeting, the City Clerk confirmed that the vote was 6-0.)
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City v. Fannie Mae, the Council gave settlement directive by vote of
6-0;
In the matter of City v. MPN 14, Limited Partnership, the Council gave settlement
directive by vote of 6-0;
In the matter of City v. Lidman, the Council gave settlement directive by vote of 6-0;
In the matter of City v. Federal National Mortgage Association, the Council gave
settlement directive by vote of 6-0;
In the matter of City v. Bank of New York Mellon, the Council gave settlement
directive by vote of 6-0;
In the matter of City v. Ong, the Council gave settlement strategy directive by vote of
6-0.
Under Agenda Item No. IF, conference with labor negotiator, the Council approved a
proposed agreement by vote of 6-0.
Under Agenda Item No. 1 G, conference with real property negotiators, the Council gave
authority to engage in negotiations for sale of that property by consensus.
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I Appointments
There were no commission appointments.
4. Presentations
4A. 9th Unveiling of the Hometown Heroes Military Banners — Council Member
Virginia Marquez
Gina Walden from the Rock Church performed "God Bless America."
4B. Proclamation designating November 2015 as Epilepsy Awareness Month — Mayor
R. Carey Davis
4C. Certificate of Recognition — Water Resources Institute's Water Conservation
Award — Water Department General Manager Stacey Aldstadt — Council Member
John Valdivia
4D. California Law Enforcement Challenge Award — San Bernardino Police
Department Traffic Unit—CHP Deputy Commissioner Stanley
4E. Certificate of Recognition — AARTAC Swat Competition — Mayor R. Carey Davis
and Police Chief Jarrod Burguan
4F. Bankruptcy/Strategic Planning/Charter Committee Updates -- Management
Partners
City Clerk Hanna announced that the Charter Review Committee's upcoming
Community Engagement Forums would be held at 6:30 p.m. on November 4, 2015, at
Golden Valley Middle School; November 5, 2015, at Arroyo Valley High School; and on
November 9, 2015, at Indian Springs High School.
4G. Chamber of Commerce & Local Elected Officials Announcements
Phil Waller announced upcoming Chamber events and activities. Enrique Armenta of
Congressman Pete Aguilar's office provided information regarding a job fair on
November 6, 2015, at the Inghram Community Center.
5. Consent Calendar
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of the resolutions and ordinances on the agenda dated
November 2, 2015.
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RESULT: ADOPTED [UNANIMOUS] 00:56;501
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5B. City Clerk
Council Minutes - August 3, 2015, August 17, 2015; August 24, 2015; and August 31,
2015
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
August 3, 2015; August 17, 2015; August 24, 2015; and August 31, 2015.
- .......
RESULT: ADOPTED [UNANIMOUS] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5C. City Clerk
RES. 2015-241 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Prepayment of the Costs Estimated for the November 3, 2015
Consolidated Election to the County of San Bernardino.
Public Comments:
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5D. City Manager
RES. 2015-242 — Resolution of the Mayor and Common Council of the City of San
Bernardino Amending Resolution No. 2007-345, Regarding the Establishment of
Management/Confidential Employee Compensation and Benefits Plan Between the City
and Management/Confidential Employees.
Public Comments:
Stephen Johns, San Bernardino
Motion:o Adopt the Resolution.
Approximate time the motion/second were made, according to the meeting video posted on City
website.
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RESULT: ADOPTED [UNANIMOUS] 01:50;05
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5E. City Manager
Regional Access Center- First Quarter Report (Continued from October 19,2015)
Brandon Mims, Deputy Director of Housing, gave a brief PowerPoint presentation.
Larry Haynes, Executive Director of Mercy House, answered questions posed by the
Council.
Public Comments:
Jay Lindberg, San Bernardino
Consensus: Receive and file.
5F. City Manager
RES. 2015-243 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing a Joint Agreement Between the City of San Bernardino and
Loma Linda University for Gateway Health Center Campus Off-Site Street
Improvements.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 02:31;12
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5G. 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] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
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5H. Community Development
RES. 2015-244/SA 2015-1 —Joint Resolution of the Mayor and Common Council of the
City of San Bernardino Authorizing and Directing the Execution of an Exclusive
Negotiation Agreement with AECOM Technical Services, Inc. and the Fransen
Company, Inc. for the Redevelopment of Certain Real Property, Comprising
Approximately 48.5 Acres, Commonly Known as the Carousel Mall, the Regal Theaters,
and the California Theater, Located Generally at 300 and 450 North E Street and at the
Northwest Corner of Fourth Street and E Street, San Bernardino, California, and of the
Mayor and Common Council, Acting as the Governing Body of the City of San
Bernardino as Successor Agency to the Former Redevelopment Agency of the City of
San Bernardino, Acknowledging the Execution of Such Agreement,
Bill Manis, Deputy City Manager, explained the process of selecting the development
firms and announced that the team that rose to the top was the AECOM team in
partnership with The Fransen Company and KB Home. He stated that the first step in the
process would be to negotiate a development agreement wherein they would finalize the
phasing and timeline and see how it would work financially. Mr. Manis added that the
team had put forward a non-refundable deposit of$10,000 per month that would extend
over the term of the agreement.
Mark Persico, Director of Community Development, stated that this was the first step in
the ultimate redevelopment of the Carousel Mall. He said the community would be
involved as they further define the project and determine the appropriate mix of uses and
the architectural style.
A PowerPoint presentation entitled "Carousel Mall Site San Bernardino California
dated November 2, 2015," was submitted into the record and discussed by the following:
Vaughan Davies, Principal at AECOM; John Fransen, President of The Fransen
Company; and Bruce Tripp, Senior Vice President of KB Home.
Public Comments:
Jay Lindberg, San Bernardino
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:36;43
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5I. Community Development
RES. 2015-245 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of One Mills Act Preservation Agreement with the
Barbara J. Miller Trust for the Property Located at 5395 N. Mountain View Avenue, San
Bernardino.
Motion: Adopt the Resolution.
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0 RESULT: ADOPTED [UNANIMOUS] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5J. 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] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5K. Human Resources
RES. 2015-246 — Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing the Position of Community Development Block Grant (CDBG)
Coordinator/Assistant of the City Manager (U) (Grant Funded) and Approving the Job
Description; and Approving the Addition of Two (2) Community Development Block
Grant (CDBG) Coordinator/Assistant of the City Manager (U) (Grant Funded) Positions
for the Housing Division in the City Manager's Office.
Public Comments:
Sandra Ibarra, San Bernardino
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 02:37;00
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5L. Human Resources
RES. 2015-247 — Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing the Position of Senior Office Assistant (U) and Approving the
Job Description; and the Addition of One (1) Senior Office Assistant (U) Position for the
City Clerk's Office.
Public Comments:
Sandra Ibarra, San Bernardino
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 2:37;00
0 MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5M. Public Works
RES. 2015-248 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Memorandum of Understanding with Omnitrans Covering the
Construction and Construction Management, Administration, and Inspection of the "E"
Street Improvement Project, from 10`h Street to Highland Avenue.
Public Comments:
Scott Olson, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 02:45;45
MOVER: Benito J. Barrios, Council Member, Ward 2
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5N. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Contract Change Orders No. 1 and 2, for the Annual Citywide Maintenance Services
Contract for Roadway Rehabilitation Work on Various San Bernardino City Streets
Project.
Staff requested a two-week continuance.
Public Comments:
Jay Lindberg, San Bernardino
Motion: Continue to November 16, 2015.
RESULT: CONTINUED [UNANIMOUS] Next: 11/16/2015 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 00:56;50
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
50. Public Works
RES. 2015-249 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. 3 to the Vendor Service
Agreements with Inland Empire Landscape and Service Scape for Landscape
Maintenance. (Continued from October 19, 2015)
Council Member Johnson stated that he would abstain from this item as he owns property
within 500 feet of Assessment District Nos. AD 953 and AD 1029.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 0] 00:56;50
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill
I ABSTAIN: Rikke Johnson
6. Staff Reports
6A. City Manager
Presentation of Audited Fiscal Year 2012-13 Basic Financial Statements of the City of
San Bernardino
Nita McKay, Deputy City Manager, presented a brief overview of the audited financial
statements.
Public Comments:
Scott Olson, San Bernardino
Jay Lindberg, San Bernardino
Consensus: Receive and File the Audited Basic Financial Statements for Fiscal Year
2012-13.
613. Council Office
Scheduling of a Workshop Regarding the North-South Pipeline Project
Council Member Mulvihill stated that he placed this item on the agenda because he had
been aware of this project since April of this year. He said there hadn't been a great deal
of information being passed along to the Council regarding this, so he felt it would be
appropriate that a workshop or possibly a presentation should be made to acquaint the
Council on some serious questions regarding the route choice and decision making
relative to the high pressure line. He stated that it would need to be done quickly because
the comment period for the scoping stage of the EIR ended on November 23, 2015, so
they would need to agendize something for the next Council meeting.
Council Member Mulvihill said the 36-inch diameter gas pipeline would stretch 65 miles
from Adelanto to Moreno Valley, and of all the cities involved, San Bernardino would be
affected the most, with 14.6 miles going right through the center of the City from north to
south. He said the City would be affected for a number of months, if not a number of
years, and would impact some major commercial and residential areas in the City.
Council Member Shorett stated that it was his understanding that Tom Dodson and
Associates had been hired to help the City through the process and give advice on what
could be done.
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Public Comments:
Scott Olson, San Bernardino
Ralph Flower, San Bernardino
Jay Lindberg, San Bernardino
Consensus: Bring the item back on November 16, 2015, for discussion and possible
action.
6C. Successor Agency
RES. 2015-250 — Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of
San Bernardino Approving a Form of Preliminary Official Statement in Connection with
the Sale and Delivery of Its Tax Allocation Refunding Bonds; Making Certain
Determinations Relating Thereto; and Authorizing Certain Other Action in Connection
Therewith.
Douglas Anderson, Financial Advisor with Urban Futures, Inc., gave a brief presentation
and answered questions regarding the Tax Allocation Refunding Bonds.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 04:29;15 j
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Benito J. Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill
ABSENT: John Valdivia
7. Public Comments on Items Not on the Agenda
Betty Jean Long, San Bernardino, said she was tired of asking City officials to make
changes to get things done and said she was going away for a while but would return to
hold people accountable.
Scott Olson, San Bernardino, spoke about several candidates whose campaigns he had
worked on.
Sandra Ibarra, San Bernardino, spoke about voting to make changes in the City and
encouraged others to do the same; said she was a homeowner and was cited for a minor
violation in retaliation for speaking up for the citizens of San Bernardino; and said she
planned on attending two of the Charter Review Committee's Community Engagement
Forums.
Ralph Flower, San Bernardino, stated that he was concerned about the pipeline; and said
he was excited about the proposed plan for the Carousel Mall and the downtown area.
Jay Lindberg, San Bernardino, said he was concerned about Kaufman and Broad and
suggested the City keep a close eye on them; and said the City was not offering the
education and job training to produce skilled workers in the community.
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Ron Sellers, Highland, suggested that the City save money in order to avoid buying so
many bonds; and denounced unions and Common Core.
Robert Porter, San Bernardino, asked people to vote for Kim Carter and Time for
Change for the CNN Heroes award; publicized the CERT team's Thanksgiving Day 5K
fundraiser; and thanked Council Member Barrios for being on his radio show.
William Cioci, San Bernardino, stated that epilepsy was one of the diseases people
control with pot; and announced that HempCon would take place this weekend at the
National Orange Show.
Esmeralda Negrete, San Bernardino school board candidate, stated that many parents
didn't understand where the funding came from for the schools so they blamed the school
district's shortcomings on the City's bankruptcy; and spoke against Common Core.
8. Announcements by Council Members and Executive Staff
9. Items to be Referred to Council Committees
Council Member Marquez asked the City Manager to give her an update on an item she
had referred to Ways and Means about 3-4 months ago regarding potential CDBG
funding limits for non-profit organizations.
!: 10. Adjournment
The meeting adjourned at 9:38 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 16, 2015.
GEORGEANN "GIGI" HANNA
City Clerk
By "
Linda Sutherland
Deputy City Clerk
•
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