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Home My WebLink About05.B- Council Minutes - March 21, 2016 5.B DOC I D: 4392 CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann "Gigi" Hanna M/CC Meeting Date: 04/04/2016 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes - March 21, 2016 (#4392) Current Business Registration Certificate: Not Applicable Financial Impact: N/A Motion: Approve the Minutes of the Mayor and Common Council Meeting of March 21, 2016. Supporting Documents: 03-21-2016 Jt. Reg. (Draft)_ln Progress_VM (DOC) Updated: 3/30/2016 by Georgeann "Gigi" Hanna Packet Pg. 20 ��tigNARD, City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members k { Virginia Marquez San Bernardino, CA 92418 Benito Barrios r z htt //www.sbcit or p� Y• g John Valdivia Fred Shorett •�G`�`bED IN 1�1°. Henry Nickel cfl Bessine L. Richard N James L. Mulvihill TZ N t V L CC� G DRAFT MINUTES o U) 2 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO w 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY o CL Q. MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING Q AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY M ter+' AND > i MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING as AS THE HOUSING AUTHORITY c L a. MONDAY,MARCH 21,2016 __ COUNCIL CHAMBER L 0 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 2:10 p.m., Monday, March 21, 2016, in the Council Chamber of City Hall, 300 North"D" Street(Lobby), San Bernardino, California. T Roll Call N Attendee Name Title Status Arrived N _. ...u...� ._._ � _ r Virginia Marquez Council Member,Ward 1 Present 2.00 p.m. c Benito J. Barrios Council Member,Ward 2 Present 2:00 p.m.� _John Valdivia Council Member,Ward 3 Present 2:00 p.m. E Fred Shorett # Council Member,Ward 4 Present 2:00 p—m._ 0 Henry Nickel Council Member,Ward 5 „ Present 2:00 m. _ a 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 i 2:00 p.m. Gary D. Saenz City Attorney ! Present m2:00 p.m.mm Mark Scott City Manager Present = 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 "' "'" Packet Pg.21 ;,Y�1II�Irr. S.B.a Joint Regular Meeting Minutes March 21, 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. ifl B. Conference with legal counsel - anticipated litigation - significant exposure to N litigation-pursuant to Government Code Section 54956.9(d)(2): N t One(1)Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - ,o pursuant to Government Code Section 54956.9(d)(4): 0 w c One(1)Item w 0 D. Closed Session-personnel-pursuant to Government Code Section 54957(b). 0 L E. Closed session with Chief of Police on matters posing a threat to the security of C public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957(a). M �r F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: >i N N d Fire Management a, 0 L G. Conference with real property negotiator - pursuant to Government Code Section - 54956.8. w 0 L Reading of Resolutions and Ordinances Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on the agenda. cc Invocation/Pledge of Allegiance N The invocation was given by Pastor Mark Williams of Empowered Living Church. The Pledge N of Allegiance was led by Marcos Ramirez, a sixth grade student from Ramona-Alessandro C, Elementary School. c m E Closed Session Public Comments: v Ronald Coats, San Bernardino, stated that the City of San Bernardino Municipal Water District Q and East Valley Water District had been meeting with a two by two committee, including Water Commissioners and staff. He said that San Bernardino representatives consistently made statements that they supported the Sterling Natural Resource Center (SNRC) project and were willing to cooperate. He said he was shocked to hear that the City of San Bernardino was considering a lawsuit against the SNRC and that every day that the SNRC was non-operational, the City could lose six million gallons of water a day which could benefit the region and habitat challenges facing the City of San Bernardino. He stated that the community expected all parties Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg.22 r Joint Regular Meeting Minutes March 21, 2016 to work together to find solutions to the challenges that they were all facing. He also asked that one or two members of the City Council be appointed to the SNRC Ad-Hoc Committee in order to be involved. Roger Henderson, San Bernardino, stated that the Sterling Natural Resource Center project could support efforts to be San Bernardino strong and to highlight the City's ability to thrive as a community. He stated that it would benefit this region for generations to come; it would create a new water supply; it would provide environmental benefits; the new water system would provide economic growth to the community; and, the facility would be designed for the community to N enjoy, learn and take pride in it. He stated that the project should not be perceived as a threat, but seen as an opportunity to improve the community. He encouraged the City Council to look at the benefits of this project and support the effort for which it would be a positive impact in the L community at a time when it was most needed. '° N d Byron Taylor, San Bernardino, indicated that he heard about the potential lawsuit that was looming. He said he felt that in the City's current financial state, it wouldn't be wise for the City to get involved financially. c Scott Olson, San Bernardino, stated that he knew about the water treatment plant months ago. o' He said that he was an East Valley Water District customer and was happy with them. He stated a that he heard that East Valley Water District wanted to build a treatment plant which would a allow them to be independent of the City of San Bernardino Municipal Water District. He said that the Sterling Natural Resource Center would be a positive training facility that would help the area look good and could be used to educate professionals. Jack Avakian, San Bernardino, stated that it was very refreshing to see government agencies Ni identifying common ground to encourage collaboration. He said that the potential for a lawsuit d was disheartening, especially since the complaints were not ones that would stop the project. He o stated that the City needed to set an example by working together rather than being divisive. He a` said that now was the time for the City Council to get involved. 5 i James Morales, East Valley Water District Board Member, stated that if there was a discussion about water during closed session, the East Valley Water District would welcome an Ad Hoc o Committee with a couple of the City Council members being appointed. He said he felt the need to come together so that there would be a full understanding of what could and should be going on in this valley as a regional approach. He stated it would highlight some of the concerns that the City Council may have had as they moved forward. He stated that the environmental impact `O report which their partner, East Valley Water District acted upon in the last week or so was N comprehensive and refreshingly honest. He stated that it addressed environmental impacts that N set out to help an endangered species which left that species in a better position than when it o began. He encouraged the City Council members to be a part of their Ad Hoc Committee and stated that it would be a unique opportunity for the residents of San Bernardino to be a part of a E huge regional effort that would have regional collective impact. Y W Q Mayor and Common Council of the City of San Bernardino Page 3 Packet,Pg.23 5.B.a Joint Regular Meeting Minutes March 21, 2016 y 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 — U. S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ, the Council approved the final agreement with Pension Obligation Bond Holders by vote of 6-0,with Council Member Valdivia absent. N T Under Agenda Item No. 113, anticipated litigation, significant exposure to litigation, One N s (1) item, the Council gave settlement directive by vote of 4-3, with Council Members, L cc Marquez,Nickel, and Shorett opposing. L C Under Agenda Item No. 1C, anticipated litigation, initiation of litigation, One (1) item, a the action defendants and participants will be disclosed to anyone who requests upon inquiry once the action has formally commenced, pursuant to Government Code Section 54957.1(a)(2)by unanimous vote. c R C 3. Appointments There were no appointments. a N Cr. M 4. Presentations 4A. Recognition of Councilwoman Virginia Marquez for Receiving "Woman of the a Year"from Assembly Member Cheryl Brown—Mayor R. Carey Davis $ L a c 4B. Certificate of Recognition for San Bernardino's Homeless Access Center - — Congressman Aguilar L 0 4C. Certificate of Recognition for San Bernardino's Homeless Access Center -Assembly Member Brown T 4D. Proclamations Designating March 30, 2016 as "Welcome Home Vietnam Veterans N Day" to be presented to American Legion Auxiliary Unit 14 — Council Member N Marquez; American Legion Auxiliary Unit 777 — Council Member Shorett; and c American Legion Auxiliary Unit 710—Council Member Richard m E 4E. Student of the Month — Celeste Meza, Indian Springs High School — Council Member Marquez a 4F. Citizen(s) of the Month — Community Emergency Response Team (CERT) — Sergeant Eric Fyvie,San Bernardino Police Department, and 36 Members—Council Member Nickel Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.24'' 5Ba Joint Regular Meeting Minutes March 21, 2016 4G. Economic —Development Update Deputy City Manager Bill Manis P P P h' A PowerPoint presentation was given by Cruz Esparza, Economic Development Manager. 411. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners (No report) 4I. Chamber of Commerce&Local Elected Officials Announcements N Upcoming events were announced by Jack Avakian of the San Bernardino Area Chamber N of Commerce. L �Q Marc Steinorth, 40th District Assembly Member, presented a Certificate of Recognition o to the San Bernardino's Homeless Access Center. H a� w 3 c 5. Consent Calendar n w 0 5A. City Clerk > 0 Waive Full Reading of Resolutions and Ordinances a Motion: Waive full reading of resolutions and ordinances on the agenda dated Q March 21, 2016. M RESULT: ADOPTED [UNANIMOUS] 2:15:101 MOVER: John Valdivia, Council Member,Ward 3 yl SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill o CL c 5B. City Manager RES. 2016-47 - Resolution of the Mayor and Common Council of the City of San 0 Bernardino Authorizing the City Manager to Execute a Lease with Inland Empire Surf Soccer Club for the Blast Soccer Complex at Al Guhin Park. d rY Y Steven Graham, Deputy City Attorney, stated that this agreement differed from the previous agreement in that the City was essentially subsidizing the water usage at the N facility. He indicated that under the agreement which was being brought forward, the N rental payments would be going down over time, but the Lessee would be taking o complete responsibility over the term of the lease for the water payments. d Public Comments: Betty Jean Long, San Bernardino w a Motion: Adopt the Resolution. Approximate time of vote, according to timestamp on meeting video posted on City website. Mayor and Common Council of the City of San Bernardino Page 5 Piacket fg.25 Joint Regular Meeting Minutes March 21, 2016 RESULT: ADOPTED [UNANIMOUS] 2:31:25 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill o N T N 5C. City Manager RES. 2016-48 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease with YMCA of the East Valley for a Portion of Perris Hill Park. ° N d Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 2:15:10 o MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 ° 0. AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill ° N OD M 5D. City Manager RES. 2016-49 - Resolution of the Mayor and Common Council of the City of San > Bernardino Authorizing the City Manager to Take All Necessary Actions to Effectuate yi the Agreement with Burrtec Waste Industries,Inc. for Refuse Services. a� 0 Jolena Grider, Chief Assistant City Attorney, indicated that specifically under the (L agreement there were certain things that needed to be done, such as transferring title to Si vehicles and equipment, and paying off of leases. She stated that the main reason for this Resolution was so that the City Manager could authorize transferring money from o L different funds to pay off those leases. She stated that that was the only issue that the :a City was aware of at this time and this was done as a catch all since the Mayor and City Council were not going to have another meeting before the transition on April 1, 2016. r Motion: Adopt the Resolution. c N RESULT: ADOPTED [UNANIMOUS] 2:32:49 N M MOVER: Henry Nickel,Council Member,Ward 5 ° r SECONDER: James Mulvihill, Council Member,Ward 7 d AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill .._..........._ a 5E. 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. Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg:26 Joint Regular Meeting Minutes March 21, 2016 FRE-SUL-T-:----------ADOPTED--[UNANIMOUS]------ MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 5F. Community Development G ORD. MC-1420 - Ordinance of the Mayor and Common Council of the City of San o N Bernardino Approving General Plan Amendment 15-01 to Change the Land Use Designation of 10.94 Acres from Residential to Residential and Commercial and N Development Code Amendment (Zoning Map Amendment) 15-03 to Change the Zoning District from Residential Medium (RM) to Residential Medium (RM) and Commercial General (CG-1) in Order to Allow the Development, Establishment of Operation of a 0 Commercial Building Containing Approximately 3,000 Square Feet with a Drive-Thru. The Project Site is Located on the Northeast Comer of University Parkway and State Street. (FINAL READING) Motion: Adopt the Ordinance. 0 P RESULT: ADOPTED [UNANIMOUS] 2:15:10 MOVER: John Valdivia, Council Member,Ward 3 C SECONDER: Fred Shorett,Council Member,Ward 4 CD M AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 5G. Community Development RES. 2016-50 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. I to the Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. Mark Persico, Director of Community Development, explained that this item was to request a time extension for the Development Code update. (D rY Motion: Adopt the Resolution. ------------ ............... RESULT: ADOPTED [UNANIMOUS] 2:40:36 N MOVER: John Valdivia, Council Member,Ward 3 r- C� SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill E 5H. Community Development RES. 2016-51 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Three to the Consultant Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review,Building Official,and Counter Services. Mark Persico, Director of Community Development, gave a brief explanation of the contract services and fees. Mayor and Common Council of the City of San Bernardino Page 7 P I acket Pg 1.27 5Ba Joint Regular Meeting Minutes March 21, 2016 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 2:50:49 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 0 N 1 5I. Community Development N RES. 2016-52 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Consultant Services Agreement with Civic Solutions for Project Management Services for the Processing of Specific Plan Projects. N d Motion: Adopt the Resolution. 4- RESULT: ADOPTED [UNANIMOUS] 2:15:10 0 MOVER: John Valdivia, Council Member,Ward 3 0 SECONDER: Fred Shorett, Council Member,Ward 4 a AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill N _._-.----- ------- ------- — -------- 01 M 5J. Finance Approval of Commercial Checks and Payroll Checks >1 N Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 0 0 L — - a. RESULT: ADOPTED [UNANIMOUS] 2:15:10 Ei MOVER: John Valdivia, Council Member,Ward 3 L SECONDER: Fred Shorett, Council Member,Ward 4 0 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill - -- - ._......_........... _ __.-_._. _ -_ 5K. Finance RES. 2016-53 - Resolution of the Mayor and Common Council of the City of San N Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of N San Bernardino Authorizing a Contract with California Public Employees' Retirement o System. d E Motion: Adopt the Resolution. R r Q RESULT: ADOPTED [UNANIMOUS] 2:15:10 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg:28 Joint Regular Meeting Minutes March 21, 2016 5L. Finance RES. 2016-54 - 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, Authorizing Employer Pick Up of Tax Deferred Member Paid Contributions. Motion: Adopt the Resolution. T C N RESULT: ADOPTED [UNANIMOUS] 2:15:10 z MOVER: John Valdivia,Council Member,Ward 3 SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill w c 5M. Finance RES. 2016-55 - Resolution of the Mayor and Common Council of the City of San c Bernardino,Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, Electing to be Subject to the Public Employees' Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants. a N Motion: Adopt the Resolution. v RESULT: ADOPTED [UNANIMOUS] 2:15:10 > MOVER: John Valdivia, Council Member,Ward 3 L SECONDER: Fred Shorett, Council Member,Ward 4 c AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill w 5N. Human Resources L Personnel Actions-Unclassified o I Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. 0 RESULT: ADOPTED [UNANIMOUS] 2:15:10 N MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 d AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill E w r 50. Police a RES. 2016-56 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Destruction of Certain Obsolete Records by the San Bernardino Police Department. Motion: Adopt the Resolution. ' + Mayor and Common Council of the City of San Bernardino Page 9 /no inn Packet Pg.29 Joint Regular Meeting Minutes March 21, 2016 RESULT: ADOPTED [UNANIMOUS] 2:15:10 MOVER: John Valdivia,Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 5P. Police N RES. 2016-57 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Expenditure of the FY 2015/2016 Homeland Security Grant Program Funds in the Amount of$81,483, and the Issuance of a Purchase Order to Mallory Safety& Supply in an Amount Not to Exceed$81,483. L 0 w N Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Resolution. 0 0 RESULT: ADOPTED [UNANIMOUS] 2:15:10 a MOVER: John Valdivia, Council Member,Ward 3 a SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill i 5Q. Public Works N RES. 2016-58 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution....Designating a0 Certain Streets or Portions Thereof as through Highways"to Establish a One-Way Stop at 0 the Intersections of Garner Avenue at Fifteenth Street, Garner Avenue at Evans Street Y and Ohio Avenue at Brenda Lane and to Establish a Three Way Stop at the Intersection of State Street and College Avenue." ° Motion: Adopt the Resolution. w RESULT: ADOPTED [UNANIMOUS] 2:15:10 rc MOVER: John Valdivia,Council Member,Ward 3 N SECONDER: Fred Shorett, Council Member,Ward 4 N AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill CD r Q E 5R. Public Works RES. 2016-59 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to Two Ground License Agreements with a Sprint Communications Company for Access to Communications Conduit Beneath the City. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 10 PackettyPg:30 5.B.a Joint Regular Meeting Minutes March 21, 2016 RESULT: ADOPTED [UNANIMOUS] 2:15:10 MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 5S. Public Works N RES. 2016-60 - Resolution of the Mayor and Common Council of the City of San N Bernardino Approving Two Funding Agreements with Omnitrans for 13 Bus Stop Locations Within the City, Funded by 2013 TDA Article 3 Grant Funding. Motion: Adopt the Resolution. o N N RESULT: ADOPTED [UNANIMOUS] 2:15:10 MOVER: John Valdivia, Council Member,Ward 3 4- SECONDER: Virginia Marquez, Council Member,Ward 1 0 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 'o L Q. Q 5T. Public Works a RES. 2016-61 - Resolution of the Mayor and Common Council of the City of San M Bernardino Ordering the Summary Vacation of a North-South Alley South of Rialto Avenue and East of I-215 Freeway. > Motion: Adopt the Resolution. N i RESULT: ADOPTED [UNANIMOUS] 2:15:10 1 0 a MOVER: John Valdivia, Council Member,Ward 3 c SECONDER: Fred Shorett,Council Member,Ward 4 ^� AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill o d 5U. Successor AEency RES. 2016-62 - Resolution of the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the c Transfer of Certain Real Property Assets to the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino M Pursuant to California Health and Safety Code § 34176 and Approving Certain Related ° Actions. Motion: Adopt the Resolution. ca RESULT: ADOPTED [UNANIMOUS] 2:15:10 a MOVER: John Valdivia, Council Member,Ward 3 SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg.31 Joint Regular Meeting Minutes March 21, 2016 5V. Successor Agency RES. 2016-63 - 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 Acceptance of Certain Real Property Assets Transferred from the Successor Agency of the Redevelopment Agency of the City of San Bernardino Pursuant to California Health and Safety Code § 34176 and Approving Certain Related Actions. 0 Motion: Adopt the Resolution. N T t RESULT: ADOPTED [UNANIMOUS] 2:15:10 �a MOVER: John Valdivia, Council Member,Ward 3 L SECONDER: Fred Shorett,Council Member, Ward 4 ° AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill c 5W. Successor Agency o RES. 2016-64 - Resolution of the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Bond ° Expenditure Agreement Between the Successor Agency to the Redevelopment Agency of C the City of San Bernardino and the City of San Bernardino and Approving Certain N Related Actions. M �r Motion: Adopt the Resolution. _.._..._.. -- > RESULT: ADOPTED [UNANIMOUS] 2:15:10 yl MOVER: John Valdivia, Council Member,Ward 3 L SECONDER: Fred Shorett, Council Member,Ward 4 a.° L AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill 5i R L 5X. Successor Agency PL RES. 2016-65 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Bond Expenditure Agreement Between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino and Approving Certain Related Actions. c N Motion: Adopt the Resolution. N Cl) 0 RESULT: ADOPTED [UNANIMOUS] 2:15:10 w C MOVER: John Valdivia, Council Member,Ward 3 E SECONDER: Fred Shorett,Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill Q Mayor and Common Council of the City of San Bernardino Page 12 — Packet Pg.32 5.B.a Joint Regular Meeting Minutes March 21, 2016 5Y. Water RES. 2016-66 - Resolution of the Mayor and Common Council of the City of San Bernardino Designating Property Located at 1350 S. `B" Street for Use by the Water Department, Removing the Designation for Use by the Water Department of Property Located East of North Sterling Avenue and North of Foothill Drive and Authorizing the City Manager to Execute a Memorandum of Understanding Between the Mayor and Common Council and the Board of Water Commissioners Regarding the Land T Designations. C% T N Public Comments: L cc Jim Penman, San Bernardino L r. W Motion: Adopt the Resolution. a } RESULT: ADOPTED [UNANIMOUS] 2:15:10 `- MOVER: John Valdivia, Council Member, Ward 3 c SECONDER: Fred Shorett, Council Member,Ward 4 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard,Mulvihill c � a N O. 6. Public Hearings 6A. City Manager v Public Hearing and Request for Council Approval of the One-Year 2016-2017 Action Plan °o L The hearing remained opened. c w Brandon Mims, Deputy Director of Housing, stated that the City Manager's office would L be organizing a workshop so that the City Council was aware of the details of the Action Plan. The date and time would be determined at a later date. d o: No public comments were received. T Motion: Continue the hearing until April 4,2016. N T N M O RESULT: CONTINUED [UNANIMOUS] Next: 4/4/2016 2:00 PM d MOVER: Fred Shorett, Council Member,Ward 4 1:20:51 ! s SECONDER: James Mulvihill,Council Member,Ward 7 2 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill a Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg.33 '' Joint Regular Meeting Minutes March 21, 2016 (W 7. Staff Reports 7A. City Manager Discuss and Take Possible Action on Whether to Continue to Fund Operations of San Bernardino Employment and Training Agency (SBETA) Using City Funds, Subject to Possible Reimbursement from the State of California is Council Member Richard stated she would abstain on this item because she worked for c the Work Force Development Department. N t Donn Dimichele, Deputy City Attorney, explained EDD's position in regards to the City's audits. L Q W Dr. Ernest Dowdy, Executive Director, SBETA, said that he believed that the State was imposing some stringent rules on the City,but that the City needed to comply. He stated that the City should respond to the FY 2012/13 required Internal Controls, the FY 2013/14 Financial Statement,and file a complaint with the Department of Labor. o �o Mark Scott, City Manager, stated that this funding was not included in the bankruptcy Q plan and it was recommended in the staff report not to continue to fund. Q- Public Comments: M Cheryl Brown,Assembly Member, San Bernardino Jose Lopez, San Bernardino Gary Kelly,Executive Board Member of SBETA,Rialto w1 Jim Penman, San Bernardino a Laurie Stalnaker,Workforce Investment Board Member, San Bernardino o L Motion: To continue to fund SBETA for three(3)months. a c RESULT: FAILED [4 TO 21** 3:51:12 a MOVER: Benito J. Barrios,Council Member,Ward 2 ° SECONDER: John Valdivia, Council Member,Ward 3 AYES: Virginia Marquez,Benito J. Barrios,John Valdivia,Henry Nickel NAYS: Fred Shorett,James Mulvihill ABSTAIN: Bessine L. Richard O N r **NOTE: Mayor Davis vetoed the motion therefore,it was not adopted. C' M O w C 7B. Council Office 2016 League of California Cities New Mayors and Council Members Academy Conference Update w a Consensus Motion: Receive and file. 7C. Council Office Election of Mayor Pro Tempore Motion: Elect Council Member James Mulvihill to serve as Mayor Pro Tempore Mayor and Common Council of the City of San Bernardino Page 14 Packet Pg., — 5.B.a Joint Regular Meeting Minutes March 21, 2016 until March 20,2017. RESULT: FAILED [4 TO 31 4:09:50 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Virginia Marquez,Council Member,Ward 1 AYES: Virginia Marquez,Fred Shorett,James Mulvihill NAYS: Benito J. Barrios,John Valdivia,Henry Nickel,Bessine L. Richard to T N Motion: Elect Council Member John Valdivia to serve as Mayor Pro Tempore N until March 20,2017. RESULT: ADOPTED [4 TO 31 4:10:18 0 MOVER: Henry Nickel, Council Member,Ward 5 SECONDER: Benito J.Barrios, Council Member,Ward 2 AYES: Benito J. Barrios,John Valdivia,Henry Nickel,Bessine L. Richard w NAYS: Virginia Marquez,Fred Shorett, James Mulvihill 0 R 0 L 7D. Water a Audited Annual Financial Report of the Water Department's Water and Sewer Utilities Q for Fiscal Year Ended June 30,2015 C Consensus: Receive and file. kmol N y d L 0 L 8. Public Comments on Items Not on the Agenda L Y Roger Henderson, San Bernardino, stated that the business report was fantastic, but the o visual picture of San Bernardino was a disaster. He said there was no pride when driving ° down some of the streets and neighborhoods. He stated that it was very rude of the Mayor and City Council to start the meeting an hour and a half late. w Jaime Espinoza, retired National Guard and resident of San Bernardino, presented his c invention of a device that would clean the environment. He stated it would just be a simple modification on vehicles. M 0 ..s Scott Olson, San Bernardino, spoke about wanting to see more businesses come into the City. He stated that he was frustrated with the City's bankruptcy and the bitter pill that E he and the residents have had to pay. w a Carol Donnelly, Founder of COPS (Citizens Offering Police Support), distributed an article and spoke about pulling the community together, lack of leadership, and the lack of police force. Robert Porter, San Bernardino, stated that the public had a right to vote on the parcel tax. Mayor and Common Council of the City of San Bernardino Page 15 Packet`Pg.35' Joint Regular Meeting Minutes March 21, 2016 Betty Jean Long, San Bernardino, spoke about being homeless again. She stated that the City needed to cut their bills in half. Jay Lindberg, San Bernardino, spoke about drug war Nazis, and the growing of opium in Afghanistan. He stated that random drug testing needed to be performed on cops. Shirley Harlan, San Bernardino, spoke about the Senior Olympics and the 011ie McDonald event on April 16 and April 17, 2016 at 1:30 p.m. at Sturges Auditorium. She N also announced that there was a vacancy on the Senior Affairs Commission for the N second ward. ° Jim Penman, San Bernardino, spoke about the City Charter being one of the greatest 0 things in the City of San Bernardino and the Mayor's power to veto. N ° ° Sandra Ibarra, San Bernardino, spoke about the parcel tax increase and annexation 5 which the Council approved. She read information in Spanish to the public regarding the o parcel tax and annexation. 0 Al Palazzo, San Bernardino, spoke about how the City needed to bring in revenue and a asked the Mayor and City Council when they were going to take his vision tour. a N 07 Barbara Babcock, San Bernardino, spoke about December 2, 2015 changing all of our lives. Jim Smith, San Bernardino, spoke about Council Member Nickel's forum and how he d was taking a leadership role. He stated that on a positive note, the San Bernardino City `a. Unified School District asked the Native Sons of the Golden West to dedicate seven ° schools which the school district has recently built. He indicated that that would mean c that all of the schools in the San Bernardino Unified School District would have a plaque w on their building commemorating those schools. He stated that the Native Sons of the 2 Golden West would be doing the same thing in cooperation with the Historical Society on �- April 16, 2016 at the corner of 6th and"B" Streets. 9. Items to be Referred to Council Committees None o N r N 10. Announcements from Mayor, Common Council and Executive Staff o Mayor Davis announced that the Mayor's State of the City Address would be held on April 22, 2016 at 5:00 p.m. at the San Bernardino International Airport Domestic Terminal. s �o Y Y 11. Adjournment a I The meeting adjourned at 9:26 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,April 4, 2016. Mayor and Common Council of the City of San Bernardino Page 16 Packet Pg:'36 5.B.a oint Regular Meeting Minutes March 21, 2016 GEORGEANN"GIGI"HANNA, CMC City Clerk By Valerie R. Montoya Deputy City Clerk 0 N r: N t V L C0 G L 0 y d r 7 C w O O L Q 0. Q N CD M rte.. I N y d L 0 L a c —I Y W L 0 0 .F" r 0 N r N M O c d E t V t4 Y Y Q C Mayor and Common Council of the City of San Bernardino Page 17 Packet,Pg:37 �`-