HomeMy WebLinkAbout06-06-2016 Jt. Reg Mtg Minutesti
C
14
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
http://www.sbcity.org
MINUTES
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
James L. Mulvihill
JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY
/�►i7
MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
MONDAY, JUNE 6, 2016
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor R. Carey Davis at 2:06 p.m., Monday, June 6, 2016, in the Council
Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California.
Roll Call
Attendee Name
Title
Status
Arrived
Virginia Marquez
Council Member, Ward 1
Present
2:00 p.m.
Benito J. Barrios
Council Member, Ward 2 ry
Present
2:28 p.m. .
John Valdivia
Council Member, Ward 3
Present
2:31 p.m.
Fred Shorett
Council Member, Ward 4
Present
2:00 p.m.
Henry Nickel
.............
Council Member, Ward 5
Present
4:16 p.m.
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 ClerkPresent
2:00 p.m.
Gary D. Saenz
City Attorney �
'LPresent
2:00 p.m.
Mark Scott
City Manager
Present
2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 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;
Brian White v. City of San Bernardino - WCAB Case Nos. ADJ7227161 &
ADJ7227303.
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):
One (1) Case - City v. East Valley Water District, et al. — San Bernardino
Superior Court Case No. CIVDS 1608620;
City v. Nationstar Mortgage, LLC
QD. Closed Session - personnel - pursuant to Government Code Section 54957(b).
E. Closed session with Chief of Police on matters posing a threat to the security of
public buildings or threat to the public's right of access to public services or
public facilities - pursuant to Government Code Section 54957(a).
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
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 Sandy Tice of First Presbyterian Church of San Bernardino.
The Pledge of Allegiance was led by Michael Ainsworth, a 3`d grade student from Belvedere
Elementary School.
L
Mayor and Common Council of the City of San Bernardino Page 2 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
2. Closed Session Report
Chief Assistant City Attorney Grider announced that the One (1) Case listed under
Agenda Item No. 1 C was filed after the publishing of the Agenda. The case was City of
San Bernardino v. East Valley Water District, et al., San Bernardino Superior Court
Case No. CIVDS 1608620.
City Attorney Saenz reported the following actions:
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City v. Nationstar Mortgage, LLC, the Council gave settlement
directive by vote of 6-0, with Council Member Nickel absent.
3. Appointments
3A. Mayor's Office
Appointment of Vera Campbell to the Senior Affairs Commission - Council Member
Henry Nickel
Public Comments:
Betty Jean Long, San Bernardino
Motion: Approve the appointment of Vera Campbell to the Senior Affairs
Commission as requested by Council Member Henry Nickel.
RESULT: ADOPTED [UNANIMOUS] 00:04:161
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
3B. Mayor's Office
Appointment of Council Member Jim Mulvihill as an Alternate to the Inland Valley
Development Agency (IVDA) Board of Directors - Mayor R. Carey Davis
Motion: Approve the appointment of Council Member Jim Mulvihill as an
alternate to the Inland Valley Development Agency (IVDA) Board of
Directors as requested by Mayor R. Carey Davis.
r RESULT: ADOPTED [UNANIMOUS] 00:07:32
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Approximate time of motion/second, according to timestamp on meeting video posted on City website.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
4. Presentations
4A. Summer Reading Program — Library Director Ed Erjavek
Ed Erjavek, Library Director gave a PowerPoint presentation entitled, "Read for the
Win!"
4B. Habitat for Humanity -- Brush Up San Bernardino Project -- Dennis Baxter,
Executive Director, Habitat for Humanity San Bernardino Area
Dennis Baxter, Executive Director for Habitat for Humanity gave a PowerPoint
presentation entitled, "What is Habitat for Humanity".
4C. Introduction of San Bernardino's Tachikawa Sister City exchange students Isabella
Cantu, Yazmine Hernandez -Aragon, and Ashlyn Mudgett-- Judy MaCaulsey and
Jeanette Avila
Jennifer Avila gave a brief presentation on the Tachikawa Sister City program.
4D. Bankruptcy/Strategic Planning Update -- Management Partners
No report was given.
4E. Chamber of Commerce & Local Elected Officials Announcements
Assembly Member Marc Steinorth recognized Dr. Marisa Conden, Assistant Professor
from Cal State University, San Bernardino as the "San Bernardino Woman of Year" for
0 the 40t" Assembly District.
Roger Henderson announced upcoming Chamber events and activities.
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 June
6, 2016.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
I SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5B. 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 4 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5C. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5D. Human Resources
Personnel Actions - Unclassified
Motion: Approve the unclassified personnel actions, as submitted by the Interim
Director of Human Resources, in accordance with City policies and
procedures.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5E. Human Resources
RES. 2016-103 - Resolution of the Mayor and Common Council of the City of San
Bernardino Designating and Authorizing the City Manager to Act as a Representative of
the City to Apply for Disability Retirement for Its Members and to Make Determinations
of Disability of Public Safety Members and Repealing Resolutions Nos. 91-314 and 95-
385.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5F. Human Resources
RES. 2016-104 - Resolution of the Mayor and Common Council of the City of San
Bernardino Establishing the Classification of Accounting Division Manager (U) and
Approving the Job Description; Reclassifying Accounting Manager (U) to Accounting
Division Manager (U); and Deleting the Accounting Manager (U) Classification.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 11 00:43:18
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NAYS: John Valdivia
5G. Parks, Recreation & Community Services
RES. 2016-105 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute a Facility Use Agreement Between
the City of San Bernardino and United Nations of Consciousness for Use of Anne
Shirrells Community Center.
Dr. Lawson Bush, Professor of Education, California State University, Los Angeles, gave
a brief summary of the United Nations of Consciousness program.
Motion: Adopt the Resolution.
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
John Valdivia, Council Member, Ward 3
James Mulvihill, Council Member, Ward 7
Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
00:45:46
5H. Parks, Recreation & Community Services
RES. 2016-106 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute the Facilities Use Agreement by
and Between San Bernardino Youth Baseball and the City of San Bernardino; Allowing
the Group to Use Fiscalini Field from January 1, 2016 through December 31, 2016, with
the Option of Three (3) One Year Renewals.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5I. Parks, Recreation & Community Services
RES. 2016-107 - Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submission of an Application for and Accepting a Contribution
Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit
Grant Program, and Appropriating Additional General Fund Expenditures in the Amount
of $27,000 for the 2016 Summer Aquatics Program.
Mayor and Common Council of the City of San Bernardino Page 6 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
Motion: Adopt the Resolution.
I
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5J. Public Works
RES. 2016-108 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for
Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue
Overhead Replacement Project, Bridge No 54C-0066, CIP Project No. SSO4-012 and
Federal Aid Project No. BRLS-5033 (042).
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5K. Public Works
RES. 2016-109 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Contract No. 16-1001477, Cooperative Agreement with the San
Bernardino Associated Governments (SANBAG) for the Development of the Mount
Vernon Avenue Grade Separation Over the BNSF Railway Intermodal Yard Project
(SSO4-12).
Michael Grubbs, Project Manager, stated that monies for this item were allocated for the
CIP budget.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:59:41
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5L. Public Works
RES. 2016-110 - Resolution of the Mayor and Common Council of the City of San
Bernardino Approving Contract No. 16-1001511, Assignment and Assumption
Agreement with SANBAG and AECOM Technical Services, Inc. for the Development of
the Mount Vernon Avenue Grade Separation Over the BNSF Railway Intermodal Yard
Project (SSO4-12).
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
RESULT: ADOPTED [UNANIMOUS] 00:59:41
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5M. Public Works
RES. 2016-111 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Fourth Amendment to the Vendor Services
Agreement with Quality Light and Electrical for Street Light Repair Services Amending
the Agreement to Include a Third City Option to Extend the Term to June 30, 2017.
Motion: Adopt the Resolution.
r_
RESULT: ADOPTED [UNANIMOUS] 01:03:33
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
i
5N. Public Works
RES. 2016-112 - Resolution of the Mayor and Common Council of the City of San
0 Bernardino Authorizing the Execution of an Amendment to the Vendor Service
Agreement Between Applied LNG Technologies Inc. and the City of San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
50. Public Works
RES. 2016-113 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Submittal of an Application for Payment Programs Offered
by CalRecycle and Related Authorizations.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 8 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
SP, Public Works
RES. 2016-114 - Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to Cal Stripe, Inc. for Annual Citywide Maintenance
Services Contract for Traffic Striping and Pavement Markings Special Provisions No.
13064 (SS -O).
Mahmoud Khodr, Traffic Engineer, explained the bid process for the Striping and
Markings types.
Steven Graham, Deputy City Attorney, stated that the City was only budgeted a certain
amount of money for the improvements even though the contract may have shown more.
Public Comments:
Gary Harms, Representative of Safe USA, Ontario
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:12:24
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5Q. Successor Agency
RES. 2016-115 - 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 1908 Broadmoor Boulevard, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5R. Successor Agency
RES. 2016-116 - 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 5185 Humbolt Avenue, San Bernardino, California.
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 9 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
RESULT: ADOPTED [UNANIMOUS] 00:42:20
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Staff Reports
6A. Council Office
2016 Southern California Association of Governments (SCAG) Regional Conference &
General Assembly (GA)
Council Member Shorett gave a brief report on the conference.
Consensus: Receive and file.
6B. Council Office
Legislative Review Committee Pending Items
Council Member Valdivia spoke about Firework enforcement and the need to refer this
item to the Legislative Review Committee in the future.
Motion: Refer the pending item back to the Legislative Review Committee.
RESULT: ADOPTED [UNANIMOUS] 01:29:44
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6C. Council Office
Quality of Life Committee Pending Items
Council Member Nickel stated that this item was originally heard by the Ways and
Means Committee and requested that it be referred to the Quality of Life Committee.
Motion: Refer the pending item to the Quality of Life Committee.
RESULT: ADOPTED [UNANIMOUS] 01:31:12
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
i
Mayor and Common Council of the City of San Bernardino Page 10 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
7. Late Addition to Agenda
7A. City Manager
Authorize Mayor to Sign and Send Letter to State of California Regarding Funding of
San Bernardino Employment and Training Agency and Continued Provision of
Workforce Development Services in the City of San Bernardino.
Donn Dimichele, Deputy City Attorney, stated that since he had not received
communication from Rochelle Daniels, the Workforce attorney, regarding authority to
designate the San Bernardino Community College District as its fiscal agent, he would
not be able to provide any authority on which to base an assurance to the Council by
taking the action which was proposed in designating the San Bernardino Community
College District as the fiscal agent.
Public Comments:
Scott Olson, San Bernardino
Jay Lindberg, San Bernardino
Shirley Harlan, San Bernardino
Robert Porter, San Bernardino
Motion: To table.
RESULT: FAILED [3 TO 31 01:47:34
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Benito J. Barrios, John Valdivia, Henry Nickel
NAYS: Virginia Marquez, Fred Shorett, James Mulvihill
ABSTAIN: Bessine L. Richard
Motion: Authorize Mayor to sign and send letter.
RESULT:
ADOPTED [3 TO 31 01:48:51
MOVER:
Fred Shorett, Council Member, Ward 4
SECONDER:
James Mulvihill, Council Member, Ward 7
AYES:
Virginia Marquez, Fred Shorett, James Mulvihill
NAYS:
Benito J. Barrios, John Valdivia, Henry Nickel
ABSTAIN:
Bessine L. Richard
** NOTE:
Mayor Davis broke the tie with a "yes" vote, and the motion carried.
Mayor and Common Council of the City of San Bernardino Page 11 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
8, Public Comments on Items Not on the Agenda
Shirley Harlan, San Bernardino, spoke on behalf of the League of Women Voters and
stated they were going to support the new City Charter and educate the residents.
Randy Wilson, San Bernardino, announced that the Friends of Reagan Park would be
hosting the "Mr. Gorbachev, Tear Down This Wall!" special event on Saturday, June 11,
2016, from 10:00 a.m. to 2:00 p.m. at the park.
Betty Jean Long, San Bernardino, spoke about San Bernardino International Airport
being used as a tent city.
Robert Porter, San Bernardino, spoke about the vision and great opportunity for San
Bernardino to work with the San Manuel reservation. He said that the City needed to
form a tourism committee to bring people into the City.
Scott Olson, San Bernardino, spoke about his candidacy for the Republican Central
Committee. He stated that he was endorsing Paul Chabot, Mike Morrell, Marc Steinorth,
and Donna Munoz.
Jay Lindberg, San Bernardino, spoke about the upcoming election and cautioned
independents not to use a provisional ballot.
Benita Rodriguez, San Bernardino, stated that she had been posting things on Facebook
that needed to be fixed around the City. She spoke about the dry grass at Pioneer
Cemetery and the broken restrooms at the parks.
Carrie Walker, San Bernardino, spoke about the homeless at Seccombe Park.
Tina Lopez, San Bernardino, spoke about the lack of care of Pioneer Cemetery and
thanked Parks, Recreation and Community Services employees for getting her concerns
addressed. She asked that her Council Member be more responsive.
Sandra Ibarra, San Bernardino, spoke about the Quality of Life and Measure Z Citizens
Oversight Committee funds. She asked that the Measure Z Citizens Oversight
Committee be reactivated. She said that the City needed to find another location for the
Access Center because of the homeless population at the park. She announced that her
Neighborhood Association would be having a neighborhood clean-up day on Saturday,
June 11, 2016, at 8:00 a.m. on the corner of Stoddard and Baseline.
Stephen Rogers, Redlands, spoke about SBETA and the Fire Department and stated that
the City was just giving everything to the County.
Ron Sellers, San Bernardino, spoke about the lies regarding the founding dates of San
Bernardino, CALPERS, and stated that the City had too many employees.
Mayor and Common Council of the City of San Bernardino Page 12 Printed 6/14/2016
Joint Regular Meeting Minutes June 6, 2016
Jim Smith, San Bernardino, spoke about Council Member Marquez doing a good job.
He stated that the citizens needed to replace the Charter in order for the City to move
forward.
Laurie Stalnaker, San Bernardino, spoke about SBETA and her service on the City
Workforce Investment Board.
9. Items to be Referred to Council Committees
Council Member Nickel spoke about the Verdemont Community Center and the issues
with identifying the structural deficiencies of that building. He said that we needed to
know who was going to take the lead on that project and ensure that it got done.
Council Member Nickel stated that a member of the Measure Z Citizens Oversight
Committee requested the status of the next meeting. He felt it was critical that the
committee be renewed and also ensure that the public had full faith and confidence that
the monies were being used appropriately.
10. Announcements from Mayor, Common Council and Executive Staff
Mayor Davis requested a moment of silence in memory of Council Member Shawn
O'Connell of the City of Rialto.
11. Adjournment
At 7:16 p.m., the meeting adjourned to 5:30 p.m., Monday, June 13, 2016, in the Council
Chamber of City Hall. 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, June 20, 2016.
GEORGEANN "GIGI" HANNA, CMC
City Clerk
By:
Valerie R. Montoya
Deputy City Clerk
14
Mayor and Common Council of the City of San Bernardino Page 13 Printed 6/14/2016
CITY OF SAN BERNARDINO
AGENDA
FOR THE
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, JUNE 612016
2:00 PM — CLOSED SESSION 4:00 PM — OPEN SESSION
COUNCIL CHAMBER - 300 NORTH "D" STREET (LOBBY) - SAN BERNARDINO, CA 92418 - WWW.SBCITY.ORG
Virginia Marquez
COUNCIL MEMBER, WARD 1
Benito Barrios
COUNCIL MEMBER, WARD 2
John Valdivia
COUNCIL MEMBER, WARD 3
Fred Shorett
COUNCIL MEMBER, WARD 4
Henry Nickel
COUNCIL MEMBER, WARD 5
Bessine L. Richard
COUNCIL MEMBER, WARD 6
R. Carey Davis
MAYOR
James L. Mulvihill
COUNCIL MEMBER, WARD 7
Mark Scott
CITY MANAGER
Gary D. Saenz
CITY ATTORNEY
Georgeann "Gigi" Hanna
CITY CLERK
David Kennedy
CITY TREASURER
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
O Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips should be turned in to the City Clerk.
o Public comments for agenda items that are not public hearings will be limited to three minutes.
o Public comments for items that are not on the agenda will be limited to three minutes.
o There is a 12 -minute -per -person time limit for all comments.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
O Please contact the City Clerk's Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
O All documents for public review are on file with the City Clerk's Office or may be accessed online by
going to http://www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda June 6, 2016
CALL TO ORDER
Attendee Name
Present
Absent
Late Arrived
Council Member, Ward 1 Virginia Marquez
❑
❑
❑
Council Member, Ward 2 Benito J. Barrios
❑
❑
❑
Council Member, Ward 3 John Valdivia
❑
❑
❑
Council Member, Ward 4 Fred Shorett
❑
❑
❑
Council Member, Ward 5 Henry Nickel
❑
❑
❑
Council Member, Ward 6 Bessine L. Richard
❑
❑
❑
Council Member, Ward 7 James Mulvihill
❑
❑
❑
Mayor R. Carey Davis
❑
❑
❑
City Clerk Georgeann "Gigi" Hanna
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City Attorney Gary D. Saenz_
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City Manager Mark Scott
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1. CLOSED SESSION
C COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council and the Mayor and Common Council
Acting as the Successor Agency to the Redevelopment Agency. No member of
the public shall be permitted to "share" his/her three minutes with any other
member of the public.
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;
Brian White v. City of San Bernardino - WCAB Case Nos.
ADJ7227161 & ADJ7227303.
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):
One (1) Case City v. Nationstar Mortgage, LLC
D. Closed Session - personnel - pursuant to Government Code Section
54957(b).
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to public
services or public facilities - pursuant to Government Code Section
54957(a).
Mayor and Common Council of the City of San Bernardino Page 2 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
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.
2. CLOSED SESSION REPORT
3. APPOINTMENTS
3A. Mayor's Office
Appointment of Vera Campbell to the Senior Affairs Commission - Council
Member Henry Nickel (#4458) [Ward(s): 5]
Motion: Approve the appointment of Vera Campbell to the Senior Affairs
Commission as requested by Council Member Henry Nickel.
3B. Mayor's Office
Appointment of Council Member Jim Mulvihill as an Alternate to the Inland Valley
Development Agency (IVDA) Board of Directors - Mayor R. Carey Davis (#4460)
[Ward(s): All]
Motion: Approve the appointment of Council Member Jim Mulvihill as an
alternate to the Inland Valley Development Agency (IVDA) Board of
Directors as requested by Mayor R. Carey Davis.
4. PRESENTATIONS
4A. Summer Reading Program — Library Director Ed Erjavek
4B. Habitat for Humanity -- Brush Up San Bernardino Project -- Dennis Baxter,
Executive Director, Habitat for Humanity San Bernardino Area
4C. Introduction of San Bernardino's Tachikawa Sister City exchange students
Isabella Cantu, Yazmine Hernandez -Aragon, and Ashlyn Mudgett-- Judy
Macaulsey and Jeanette Avila
4D. Bankruptcy/Strategic Planning Update -- Management Partners
4E. Chamber of Commerce & Local Elected Officials Announcements
Mayor and Common Council of the City of San Bernardino Page 3 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
5. CONSENT CALENDAR
All Consent Calendar items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Council member
requests that the item be removed from the Consent Calendar and considered in its normal
sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes
total per person. There is no limit on the items that can be discussed within the three-minute time
limit. The Consent Calendar this meeting are those items numbered 5A through SR.
PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and Common Council on Consent Calendar items.
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances (#4427) [Ward(s): All]
Motion: Waive full reading of resolutions and ordinances on the agenda
dated June 6, 2016.
5B. Civil Service
Personnel Actions - Classified (#4219) [Ward(s): All]
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.
5C. Finance
Approval of Commercial Checks and Payroll Checks (#4456) [Ward(s): All]
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed.
5D. Human Resources
Personnel Actions — Unclassified (#4473) [Ward(s): All]
Motion: Approve the unclassified personnel actions, as submitted by the
Interim Director of Human Resources, in accordance with City
policies and procedures.
5E. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Designating and Authorizing the City Manager to Act as a Representative of the
City to Apply for Disability Retirement for Its Members and to Make
Determinations of Disability of Public Safety Members and Repealing
Resolutions Nos. 91-314 and 95-385. (#4466) [Ward(s): NIA]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
5F. Human Resources
Resolution of the Mayor and Common Council of the City of San Bernardino
Establishing the Classification of Accounting Division Manager (U) and Approving
the Job Description; Reclassifying Accounting Manager (U) to Accounting
Division Manager (U); and Deleting the Accounting Manager (U) Classification.
(#4441) [Ward(s): N/A]
Motion: Adopt the Resolution.
5G. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Facility Use Agreement Between the
City of San Bernardino and United Nations of Consciousness for Use of Anne
Shirrells Community Center. (#4280) [Ward(s): 6]
Motion: Adopt the Resolution.
5H. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute the Facilities Use Agreement by and
Between San Bernardino Youth Baseball and the City of San Bernardino,
Allowing the Group to Use Fiscalini Field from January 1, 2016 through
December 31, 2016, with the Option of Three (3) One Year Renewals. (#4445)
[Ward(s): 2]
Motion: Adopt the Resolution.
51. Parks, Recreation & Community Services
Resolution of the Mayor and Common Council of the City of San Bernardino
Ratifying the Submission of an Application for and Accepting a Contribution
Sponsorship from Kaiser Permanente Operation Splash Regional Community
Benefit Grant Program, and Appropriating Additional General Fund Expenditures
in the Amount of $27,000 for the 2016 Summer Aquatics Program. (#4452)
[Ward(s): All]
Motion: Adopt the Resolution.
5J. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Approving Amendment No. 1 to the Agreement for Services with AECOM
Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead
Replacement Project, Bridge No 54C-0066, CIP Project No. SSO4-012 and
Federal Aid Project No. BRLS-5033 (042). (#4444) [Ward(s): 1,3]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
5K. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Approving Contract No. 16-1001477, Cooperative Agreement with the San
Bernardino Associated Governments (SANBAG) for the Development of the
Mount Vernon Avenue Grade Separation Over the BNSF Railway Intermodal
Yard Project (SSO4-12). (#4453) [Ward(s): 1,3]
Motion: Adopt the Resolution.
51L. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Approving Contract No. 16-1001511, Assignment and Assumption Agreement
with the San Bernardino Associated Governments (SANBAG) for the
Development of the Mount Vernon Avenue Grade Separation Over the BNSF
Railway Intermodal Yard Project (SSO4-12). (#4454) [Ward(s): 1,3]
Motion: Adopt the Resolution.
5M. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Fourth Amendment to the Vendor Services
Agreement with Quality Light and Electrical for Street Light Repair Services
Amending the Agreement to Include a Third City Option to Extend the Term to
June 30, 2017. (#4443) [Ward(s): All]
Motion: Adopt the Resolution.
5N. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of an Amendment to the Vendor Service Agreement
Between Applied Lng Technologies Inc. and the City of San Bernardino (#4435)
[Ward(s): All]
Motion: Adopt the Resolution.
50. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Submittal of an Application for Payment Programs Offered by
CalRecycle and Related Authorizations. (#4446) [Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
5P. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino
Awarding a Contract to Cal Stripe, Inc. for Annual Citywide Maintenance
Services Contract for Traffic Striping and Pavement Markings Special Provisions
No. 13064 (Ss -0). (#4455) [Ward(s): City Wide]
Motion: Adopt the Resolution.
5Q. Successor Agency
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 1908 Broadmoor Boulevard, San Bernardino, California. (#4459)
[Ward(s): 2]
Motion: Adopt the Resolution.
5R. SuccessorAgency
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 5185 Humbolt Avenue, San Bernardino, California. (#4440) [Ward(s):
5]
Motion: Adopt the Resolution.
6. STAFF REPORTS
6A. Council Office
2016 Southern California Association of Governments (SCAG) Regional
Conference & General Assembly (GA) (#4470) [Ward(s): Ali]
Motion: Receive and file.
6B. Council Office
Legislative Review Committee Pending Items (#4471) [Ward(s): All]
Motion: Refer the pending item back to the Legislative Review Committee.
6C. Council Office
Quality of Life Committee Pending Items (#4472) [Ward(s): All]
Motion: Refer the pending item to the Quality of Life Committee.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 6/112016
Joint Regular Meeting Agenda June 6, 2016
7. LATE ADDITION TO AGENDA
7A. City Manager
Authorize Mayor to Sign and Send Letter to State of California Regarding
Funding of San Bernardino Employment and Training Agency and Continued
Provision of Workforce Development Services in the City of San Bernardino (At
Meeting of May 16, 2016, Item Continued to June 6, 2016) (#4449) [Ward(s):
All]
Motion: Authorize Mayor to sign and send letter.
8. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA -- TO BE HEARD AT
6:30 P.M.
9. ITEMS TO BE REFERRED TO COUNCIL COMMITTEES
10. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF
11. ADJOURNMENT
The next joint adjourned 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 5:30 p.m., Monday, June 13, 2016, in
the Council Chamber of City Hall, 300 North "D" Street, San Bernardino,
California.
Mayor and Common Council of the City of San Bernardino Page 8 Printed 6/1/2016
Joint Regular Meeting Agenda June 6, 2016
NOTICE: Any member of the public may address this meeting of the Mayor and Common
Council and the Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the microphone
in the Council Chamber when the item about which the member desires to speak is called and
by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common Council and the Mayor
and Common Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but which is within the subject matter jurisdiction of
the Mayor and Common Council and the Mayor and Common Council Acting as the Successor
Agency to the Redevelopment Agency, may address the body at the end of the meeting, during
the period reserved for public comments. Said total period for public comments shall not
exceed 60 minutes, unless such time limit is extended by the Mayor and Common
Council and the Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the public,
unless such time limit is extended by the Mayor and Common Council and the Mayor and
Common Council Acting as the Successor Agency to the Redevelopment Agency. No member
of the public shall be permitted to "share" his/her three minutes with any other member of the
public.
Speakers who wish to present documents to the governing body may hand the documents to
the staff member responsible for collecting speaker request slips at the time the request to
speak is made.
The Mayor and Common Council and the Mayor and Common Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any
commission, board, bureau, or committee for appropriate action or have the item placed on the
next agenda of the Mayor and Common Council and the Mayor and Common Council Acting as
the Successor Agency to the Redevelopment Agency. However, no other action shall be taken
nor discussion held by the Mayor and Common Council and the Mayor and Common Council
Acting as the Successor Agency to the Redevelopment Agency on any item which does not
appear on the agenda unless the action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has
been conducted and closed.
Mayor and Common Council of the City of San Bernardino Page 9 Printed 6/1/2016