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Home My WebLink About11-03-2014 Jt. Reg Mtg Minutes Mayor R. Carey Davis � City of San Bernardino Am 300 North "D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett t 'n�r� try Henry Nickel Rikke Johnson James L. Mulvihill MINUTES JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, NOVEMBER 3, 2014 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 2:07 p.m., Monday, November 3, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 i Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 1 Present 2:00 p.m. John Valdivia Council Member, Ward 3 s Present 2:14 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 p.m. Rikke Johnson Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member Ward 7 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna 1 City Clerk Present 2:00 p.m. Allen Parker City Manager Present 2:05 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 1. Closed Session — Pursuant to Government Code Sections(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ; City of Fontana, et al. v. State Board of Equalization, et al. - Alameda Superior Court, Case No. RG 14721676. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -pursuant to Government Code Section 54956.9(d)(2): Spring Trails Annexation One item -- former RDA properties C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Blue Mountain Homes City v. Ramos City v. Schoenfeld City v. Forscom City v. Washington; Styles D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Closed Session Announcement City Attorney Saenz announced that during closed session, the Council voted unanimously to give direction for negotiations regarding payment of liabilities related to the disposition of former RDA properties. In the matter of City v. Blue Mountain Homes, the Council voted unanimously to give direction for negotiations. In the matter of City v. Ramos, the Council voted unanimously to give direction for negotiations. Mayor and Common Council of the City of San Bernardino Page 2 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 In the matter of City v. Schoenfeld, the Council voted unanimously to give direction for Cnegotiations. In the matter of City v. Forscom, the Council voted unanimously to give direction for negotiations. In the matter City v. Washington, the Council voted unanimously to give direction for negotiations. 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 Elder Crossett from The Church of Jesus Christ of Latter-Day Saints. The Pledge of Allegiance was led by Jessi Ortiz, a fifth grade student from Mt. Vernon Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Ninth Street Park KaBOOM! Build -- PowerPoint Presentation by Mickey Valdivia, Director of Parks, Recreation & Community Services (Delayed until November 17, 2014.) 4. Announcements -- Chamber of Commerce & Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Public Comments: Joe Ortiz, San Bernardino Motion: Waive full reading of resolutions and ordinances on the agenda dated November 3, 2014. Mayor and Common Council of the City of San Bernardino Page 3 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 0:28:581 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 511. City Manager RES. 2014-376 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment Agency Approving the Second Amendment to the Professional Services Agreement with James P. Morris. Public Comments: Ron Coats, San Bernardino Jay Lindberg, San Bernardino Joe Ortiz, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 2] 0:32:04 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Shorett,Nickel, Johnson,Mulvihill NAYS: Benito J. Barrios, John Valdivia 5C. City Manager RES. 2014-377 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2014-2015 Community Development Block Grant Budget (Fund 119) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. Motion: Adopt the Resolution. -- RESULT: ADOPTED [6 TO 11 0:55:23 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia C 1 Time indicates time of motion/second, according to meeting DVD on file in the Clerk's office. Mayor and Common Council of the City of San Bernardino Page 4 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 5D. City Manager RES. 2014-378 - Resolution of the Mayor and Common Council of the City of San CBernardino Amending the 2014-2015 Emergency Solutions Grant Budget (Fund 116) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. Council Member Shorett made a motion to adopt the Resolution. Motion died for lack of second. Council Member Shorett stated he was withdrawing his motion and suggested that 5J be moved ahead of 51). Motion: Adopt the Resolution. RESULT. ADOPTED ,4 _ �__�_____ __.. [ TO 3] 01:01.56 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia, Fred Shorett, Henry Nickel .._._ ................. City Manager Parker indicated that there were three accounts listed on Page 30 that should all read account#5502. The amount should read $364,510.Council Member Shorett stated that the amounts did not add up. Chief Assistant City Attorney Grider stated that they needed to reconsider the item. Motion: To reconsider the item. RESULT: ADOPTED [UNANIMOUS] 03:25:17 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Brandon Mims, Project Manager/Assistant of the City Manager explained that item 5D is an allocation of the Emergency Solutions Grant funding into the budget. Item 5J is the determination on what Council is going to do with that RFP. The money should be allocated into the budget as a result of the adoption of the Action Plan. Mr. Mims stated that if Council didn't allocate 51) and then approved 5J, they would have to come back and approve 51) because right now there is no budget entry for the Access Center. Chief Assistant City Attorney Grider clarified that Council can approve 51) without approving 5J, but Council cannot approve 5J without approving 51). Mayor and Common Council of the City of San Bernardino Page 5 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 Motion: To continue to November 17, 2014. RESULT: FAILED [3 TO 41 03:30:44 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: John Valdivia, Fred Shorett, Henry Nickel j NAYS: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill Motion: To exclude Section 1 and modify Section 2 to include account numbers as revised on the new resolution. RESULT: ADOPTED [4 TO 31 03:34:09 MOVER: Rikke Johnson, Council Member, Ward 6 , SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia, Fred Shorett,Henry Nickel 5E. City Manager RES. 2014-379 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (DBA 0 Verizon Wireless) for the Lease of City Owned Property at Wildwood Park; and Authorizing and Directing the Mayor to Execute an Easement for Electric Utility Purposes to Southern California Edison Company. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Motion: To reconsider the item. RESULT: ADOPTED [UNANIMOUS] 03:35:42 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 j AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill l� Motion: To have payments mailed to the Finance Department instead of Public Works. Q Mayor and Common Council of the City of San Bernardino Page 6 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 03:36:42 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5F. Civil Service Personnel Actions - Classified Public Comments: Joe Ortiz, San Bernardino Jay Lindberg, San Bernardino Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [6 TO 1] 01:14:07 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill NAYS: John Valdivia 5G. Community Development RES. 2014-380 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5H. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 7 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5I. Library RES. 2014-381 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Director of Finance to Amend the FY 2014-15 Budget by Allocating Previously Unallocated Verizon E-Rate Revenue of $10,000 to Account 105-470-0001-5181 —Library Administration Other Operating Expenses. Motion: Adopt the Resolution. _ .............. RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5J. Mavor°s Office RES. 2014-382 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into Negotiations with Mercy House Living Centers of Santa Ana for the Operation of the Service Access Center; Allocating $200,000 of HUD-ESG Funds to Mercy House Living Centers; and Designating City- Owned Property at 241 E. 9th Street for Use as the Central Drop-In/Service Access Center. Larry Haines, Executive Director of Mercy House Living Centers provided a presentation of the operation of their agency. Public Comments: Josie Gonzales, County Board of Supervisors Kent Paxton, Homeless Policy Advisor for Supervisor Gonzales Joe Ortiz, San Bernardino Sandra Owen-Olivas, San Bernardino Major Daniel Henderson, Salvation Army, San Bernardino Carl Dameron, San Bernardino Shirley Harlan, San Bernardino Kim Carter, San Bernardino Sal Vasquez, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [4 TO 31 03:14:45 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia,Fred Shorett, Henry Nickel 5K. Mayor's Office RES. 2014-383 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Co-Application for Federal EDA Grant Funds with Loma Linda University Health for the Gateway Health Training Campus. Public Comments: Ken Breyer, Loma Linda University Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:50:58 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5L. Parks, Recreation & Community Services RES. 2014-384 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Contract Employment Agreement Between the City of San Bernardino and Brian Turnbull for Capital Improvement Project Management Services. (Continued from October 6, 2014.) Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:28:02 MOVER: Fred Shorett, Council Member, Ward 4 $ SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5M. Police RES. 2014-385 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of$25,000 from the Shelter Improvement Deposit Account 772-2357 to Animal Control Revenue Account 124-210-0000*4690 and Amending the FY2014/2015 Budget for Shelter Repairs and Improvements. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 04:28:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5N. Police RES. 2014-386 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Upgrades to the City's Public Safety Answering Point (PSAP) 911 Telephone System and Supporting Equipment. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:28:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 50. Treasurer's Office Treasurer's Office Portfolio Report for the Month of September 2014 Motion: Receive and file. RESULT: ADOPTED [UNANIMOUS) 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Staff Reports 6A. City Clerk Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 2.30.020 of the San Bernardino Municipal Code Regarding the Fine Arts Commission. (FIRST READING) Public Comments: Joe Ortiz, San Bernardino Motion: Lay over Ordinance for final adoption. Q Mayor and Common Council of the City of San Bernardino Page 10 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 RESULT: FIRST READING [UNANIMOUS] Next: 11/17/2014 2:00 PM C MOVER: Rikke Johnson, Council Member, Ward 6 04:29:50 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6B. City Manager RES. 2014-387 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into Negotiations with Time for Change Foundation for Construction of the "Phoenix Village" Affordable Housing Project Using Home Investment Partnership Funds. Public Comments Nicole Wolfe, San Bernardino Motion: Adopt the Resolution awarding a contract to Time for Change foundation for the proposed affordable housing project. RESULT: ADOPTED [UNANIMOUS] 04:31:29 MOVER: Virginia Marquez, Council Member, Ward 1 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia ............... ...................... _.___-__......... _ .................__._._ 6C. Community Development Resolution of the City of San Bernardino Making Application to the Local Agency Formation Commission for San Bernardino County for the Reorganization to Include Annexation of 379.2 Acres to the City of San Bernardino and Detachment from the San Bernardino County Fire Protection District, Its Valley Service Zone and County Service Area 70 of Unincorporated Territory Located in the Unincorporated Area of Verdemont in the Foothills of the San Bernardino Mountains, North of Meyers Road and Northwest of the Northerly Terminus of Little League Drive (APNs 0348-071-05, -06, -07, -09 & - 10; 0348-101-50; 0348-111-03, -04, -07, -08, -09, -30, -36 & -47 through -50). (Continued from October 20, 2014.) Public Comments: Richard Kaplan, San Bernardino Lynette Kaplan, San Bernardino Buck Mau, Devore Heights Joe Ortiz, San Bernardino Judy O'Neill, San Bernardino Monica Soares, San Bernardino Arlean Potter, San Bernardino AVON Jeff Weber, Rep. for Montecito Equities, Ltd. Mayor and Common Council of the City of San Bernardino Page 11 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 Motion: Adopt the Resolution. RESULT: FAILED [2 TO 41 04:50:45 MOVER: Fred Shorett. Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett NAYS: Barrios, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6D. Police An Ordinance of the City of San Bernardino Adding San Bernardino Municipal Code Section 10.16.290 Requiring a Private Property Vehicle Impound Report and Fee. FIRST READING) RES. 2014-388 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Private Property Tow Fee Pursuant to San Bernardino Municipal Code Section 10.16.290. Motion: Adopt the Resolution; and lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 11/17/2014 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 04:53:02 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia ...... ...................---......_.......__ ...................... _.........................._ ......_.__................ 7. Public Comments on Items Not on the Agenda Paul Sanborn, San Bernardino, spoke about the San Bernardino Airport and against Measure Q. Jennifer Allen, San Bernardino, spoke about paying outside agencies for utilities instead of keeping in the City. Margie Gutierrez, San Bernardino, spoke on the homeless and also asked about efforts to get street lights fixed in her neighborhood. Robert Porter, San Bernardino, spoke against Measure Q, his support of Paul Chabot and thanked the veterans for their service. CW Ron Coats, San Bernardino, spoke against personal agendas, and against Measure Q as a way to get the City out of bankruptcy. Mayor and Common Council of the City of San Bernardino Page 12 Printed 111412014 Joint Regular Meeting Minutes November 3, 2014 Kent Paxton, San Bernardino, invited the Mayor and Common Council to the County of AVON San Bernardino Fifth District Community Vital Signs meeting at the National Orange kw: Show next week, where they will be looking at education, economy, and access to health. Shirley Harlan, San Bernardino, urged people to vote on November 4. She said she was supportive of Measure Q. Scott Olson, San Bernardino, spoke against changing Charter Section 186 and said the Council had not worked actively to change and improve the situation. Joe Ortiz, San Bernardino, said no officer or firefighter in the City has the assurance that they are going to go home after their shift, unlike the Council. He said the Council is divisive and duplicitous. Jay Lindberg, San Bernardino, stated that the streets were as dangerous in San Bernardino before the lay-offs and the bankruptcy. He said if people want more cops, the best thing they could do is to bring industry back to the City. Barbara Babcock, San Bernardino, spoke in support of Cheryl Brown for Assembly; Hardy Brown II for San Bernardino County Board of Education; Joseph Williams for San Bernardino Valley College Board of Trustees, and in favor of Measure Q. 8. Items to be Referred to Council Committees Council Member Johnson requested that public speaking time limits be referred to the Legislative Review Committee for discussion. 9. Adjournment The meeting adjourned at 9:29 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday,November 17, 2014. GEORGEANN "GIGI" HANNA City Clerk Y Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 13 Printed 111412014