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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 ❑ i ❑ ❑ City Attorney Gary D. Saenz_ ❑ ❑ ❑ City Manager Mark Scott ❑ ❑ ❑ 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