HomeMy WebLinkAbout03-16-2015 Jt. Reg Mtg Minutes Mb i Mayor R. Carey Davis
City of San Bernardino
300 North "D" Street Council Members
�•� Virginia Marquez
San Bernardino, CA 92418 Benito Barrios
. http://www.sbcity.org John Valdivia
Fred Shorett
_D � � Henry Nickel
Rikke Johnson
Jim 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, MARCH 16, 2015
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor R. Carey Davis at 2:00 p.m., Monday, March 16, 2015, in the
Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Attendee Name Title Status Arrived
Virginia Marquez Council Member,Ward l Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Present 2:00 p.m.
Fred Shorett Council Member,Ward 4 Present 2:00 p.m.
Henry Nickel I 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 "Gig? Hanna City Clerk Present 2:00 p.m.
Allen Parker City Manager Present 2:00 m.11 -11111--Gary D. Saenz City Attorney Present 2:00 p.m.
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1. Closed Session — Pursuant to Government Code Sections(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a) and (d)(1):
In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-
28006 MJ.
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).
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.
Reading of Resolutions and Ordinances
Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on
the agenda.
Moment of Silence
Mayor Davis requested a moment of silence in memory of Sostenes Zamundio, a lifelong
resident of the First Ward.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Sandra Tice of First Presbyterian Church and Ronaldo Fregoso,
a junior from San Bernardino High School. The Pledge of Allegiance was led by Council
Member Marquez.
2. Closed Session Report
There was no closed session report.
3. Appointments
There were no commission appointments.
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4. Presentations
4A. 8th Unveiling of the Hometown Heroes Military Banners -- Council Members
Johnson, Mulvihill and Nickel
4B. Citizen of the Month -- Cesar Gonzalez-- Council Member Marquez
4C. Student of the Month -- Guadalupe "Lupe" Mondragon, Indian Springs High
School-- Council Member Marquez
4D. Chapter Updates on The Great Race -- Chapter 3 -- Parks, Recreation &
Community Services Director Mickey Valdivia
4E. The Easley Ride/Inland Empire Biking Alliance-- Mark Friis
4F. Bankruptcy/Strategic Planning Update -- Management Partners — Gary Saenz, City
Attorney, announced that there would be a hearing on March 17, 2015 at 1:30 p.m. in
Judge Jury's courtroom in the Riverside Bankruptcy Court. The hearing is regarding the
City's Motion for Rejection of the POA's Memorandum of Understanding and Status
Conference with regards to the POA's Motion for Relief from Stay.
4G. Chamber of Commerce & Local Elected Officials Announcements
Enrique Armenta, Constituent Service Representation for Congressman Pete Aguilar,
announced the opening of their San Bernardino satellite office at 201 North "E" Street,
Suite 301, San Bernardino, California. The office will be open the fourth Monday of
each month beginning on March 23, 2015 from 2:00 p.m. to 6:00 p.m.
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Motion: Waive full reading of resolutions and ordinances on the agenda dated
March 16, 2015.
- - ........ ........
RESULT: ADOPTED [UNANIMOUS] 01:10:421
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5B. City Clerk
Council Minutes - February 2, 2015; February 9, 2015; February 17, 2015; and February
23, 2015
Motion: Approve the Minutes of the Mayor and Common Council Meetings of
February 2, 2015; February 9, 2015; February 17, 2015; and February 23,
2015.
Approximate time of motion and second, according to meeting video posted on City website.
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RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5C. City Clerk
Council Minutes - October 13, 2014
Motion: Approve the Minutes of the Mayor and Common Council Meeting of
October 13, 2014.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5D. City Clerk
RES. 2015-51 - Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Cultural Development Grant in the Amount of $3,664.00 to
Thomas McGovern for the Faces and Stories of Downtown Project and Authorizing the
Execution of a Grant Recipient Agreement.
Dr. Dorothy Garcia, Chairperson for the Fine Arts Commission, presented background
information regarding the proposed "Faces and Stories of Downtown" Project. Ms.
Garcia introduced Dr. Juan Delgado, Published Poet and Professor of Creative Writing at
California State University, San Bernardino, who gave a brief presentation and
explanation of the project.
Motion: Adopt the Resolution.
i
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5E. City Manager
RES. 2015-52 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Home Investment Partnership Loan
Agreement Between the City of San Bernardino and Val 9 Housing Partners, L.P. for the
Development of the Valencia and 9th Project.
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Public Comments:
Betty Jean Long, San Bernardino
Jay Lindberg, San Bernardino
Council Member Shorett stated that he would abstain on this matter since he was on the
Board of Directors for the Housing Partners.
Motion: Adopt the Resolution.
RESULT: ADOPTED [6 TO 01 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Johnson, Mulvihill
ABSTAIN: Fred Shorett 1
5F. Civil Service
Personnel Actions - Classified
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel policies
adopted by the Mayor and Common Council of the City of San
Bernardino...._
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5G. Finance
Approval of Checks Warrants and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
511. Information Technology
RES. 2015-53 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase
Order in the Amount of $89,000 to Telepacific Communications for Primary Rate
Interface Phone Connections.
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:10:42 j
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5I. Parks, Recreation & Community Services
RES. 2015-54 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing a Transfer of Funds in the Amount of $12,000 and to Issue a
Purchase Order in the Amount of $95,181 to Inland Bobcat, Inc. for the Purchase of a
Compact Multi Terrain Track Loader.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
5J. Police
RES. 2015-55 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Memorandum of Understanding Between the
Rialto Unified School District and the City of San Bernardino for a School Resource
Officer at Rialto High School.
Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:15:04
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5K. Public Works
RES. 2015-56 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to the Vendor Service
Agreement Between McCray Enterprises and the City of San Bernardino and Authorizing
the Increase to Annual Purchase Order to $155,200.
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Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
5L. Successor Agency
RES. 2015-57 - 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 5494 Sepulveda Avenue, San Bernardino, California.
Public Comments:
Betty Jean Long, San Bernardino
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:10:42
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
—_______.......
_
6. Public Hearings
6A. City Clerk
RES. 2015-58 - Resolution of the Mayor and Common Council of the City of San
Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City
of San Bernardino for Uncollected Business Registration Fees.
Mayor Davis opened the hearing.
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibit "A" which have been paid prior to the hearing;
and adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 0:55:28
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Motion: To Reconsider the matter.
RESULT: ADOPTED [UNANIMOUS] 02:50:48
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those
individuals wishing to speak on the matter that they would provide true and honest
testimony.
Public Comments:
The following individuals spoke in opposition of this item:
Aristeo Nolasco, San Bernardino
Don Newton, San Bernardino
Ghassan Abdullah, San Bernardino
Angelica Sarmiento, San Bernardino
Approved
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibit "A" which have been paid prior to the hearing;
and adopt the Resolution; exempting Item Nos. 183, 245, 457 & 643
from Exhibit"A" until the City Clerk can follow up and investigate.
RESULT: ADOPTED [UNANIMOUS] 03:03:44
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
6B. City Manager
RES. 2015-59 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Joint Exercise of Powers Agreement Relating
to the California Municipal Finance Authority and Approving the Issuance of the
California Municipal Finance Authority Refunding Revenue Bonds (Inland Regional
Center Project), Series 2015, in an Aggregate Principal Amount Not to Exceed
$80,000,000 for the Purpose of Refinancing the Acquisition of Property and the
Construction, Improvement, and Equipping of an Office Facility and Certain Other
Matters Thereto.
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Mayor Davis opened the hearing.
Brandon Mims, Project Manager/Assistant of the City Manager, provided information
regarding the re-financing of the Inland Regional Center Project bond.
Ben Barker of the California Municipal Finance Authority, presented an explanation of
the public hearing under TEFRA in connection with the proposed issuance of revenue
bonds in one or more series by the CMFA. He also spoke about the City becoming a
member of the CMFA to approve the financing of the project by the CMFA.
Motion: Close the hearing; and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:04:44
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill
7. Staff Reports
' 7A. City Attorney
Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
Sections 3.04.070, 3.04.080, 3.04.085, and 3.04.115 of the San Bernardino Municipal
Code Relating to Purchases. (FIRST READING)
Gary Saenz, City Attorney, explained that the Ordinance pertained to the purchasing and
contracting ability of the City Manager. He stated that it was appropriate to amend our
Municipal Code so that the City could account for the inflationary reduction of the
purchasing power of those dollars which would make our City more efficient and reduce
staff time. Mr. Saenz stated that pursuant to the bankruptcy it would be appropriate that
this Ordinance be approved.
Nita McKay, Deputy City Manager, stated that she felt that the change in the ordinance
would allow the City Manager a little more discretion and allow things to get done in a
more efficient manner. She said that the City would continue with the policy of the bid
process for determining that a reasonable price is paid for goods and services.
Motion: Lay over Ordinance for final adoption.
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RESULT: FIRST READING 16 TO 11 01:39:48
0 MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
NAYS: John Valdivia
7B. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the Execution of a Professional Services Agreement with Tripepi Smith &
Associates for Management of the City's Communications Needs.
Allen Parker, City Manager, gave background information regarding the Requests for
Qualifications for a Public Information Officer and his recommendation of the proposal
from Tripepi Smith & Associates. He also stated that Management Partners had
indicated the importance of a Public Information firm to deal with the bankruptcy.
Ryder Smith, Founder & President of Tripepi Smith & Associates answered Council
Members' questions and explained some of their tasks.
Public Comments:
Shirley Harlan, San Bernardino
tv Al Palazzo, Rialto
Tim Prince, San Bernardino
Eddie Tejeda, San Bernardino
Motion: Adopt the Resolution.
RESULT: FAILED [3 TO 41 02:20:34 1
i
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Fred Shorett, Rikke Johnson, James Mulvihill
NAYS: Virginia Marquez, Benito J. Barrios, John Valdivia, Henry Nickel
7C. Council Office
2015 WELL Conference Update
Consensus: Receive and file.
7D. Council Office
10 Election of Mayor Pro Tempore
Motion: Elect Council Member Rikke Van Johnson to serve as Mayor Pro
Tempore until March 21, 2016.
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RESULT: ADOPTED [UNANIMOUS] 03:04:41
0 MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill
7E. Finance
RES. 2015-60 - Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. 2 to the Agreement for
Auditing Services Between the City of San Bernardino and Macias, Gim & O Connell
L.L.P. (MGO).
Nita McKay, Deputy City Manager, gave background information regarding the audit
contract with Macias, Gini & O'Connell, LLP.
Jim Godsey, Partner with Macias, Gini & O'Connell, L.L.P., gave an overview of the
independent audit of the City's financial records and explained that additional work was
needed in order to complete the audits.
Public Comments:
Kathy Mallon, San Bernardino
Tim Prince, San Bernardino
Shirley hiree Harlan San Bernardino
Robert Porter, San Bernardino
Motion: Adopt the Resolution.
....._..._............................._....
RESULT: ADOPTED [6 TO 1] 03:50:33
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Rikke Johnson, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill
NAYS: John Valdivia
8. Public Comments on Items Not on the Agenda
Shirley Harlan, San Bernardino, commented on Agenda Item No. 7B. She said that she
is confident that Mr. Parker would be able to operate with a company that operates with
their iphones. Ms. Harlan believed that Tripepi Smith & Associates was the type of
company that would give the City a push in order to be successful. She hoped that this
item could be brought up again for a new vote because the City needs the publicity.
Kathy Mallon, San Bernardino, stated that the number one job of the Mayor and
Common Council was to provide safety to the residents of this City, provide services to
sustain the quality of life, respond effectively to citizen concerns, and to protect our
financial assets. She said that everyone seated at the dais, as well as staff, was well aware
when they were elected or hired, of the mess that our City was in.
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Robert Porter, San Bernardino, told a story about a firefighter he spoke to that said he
was inundated with working overtime and had no time to see his loved ones. Mr. Porter
0 believed that situation was wrong and that the City needed to remedy that. Mr. Porter
also spoke to an employee at Starbucks who indicated that she recently moved to San
Bernardino so she could work here and her boyfriend could go to California State
University, San Bernardino. He suggested that the Mayor and City Council find those
things that people like in order to get them here by promoting safety.
Frank Pierce, San Bernardino, told the Mayor and City Council that they were doing a
good job. He indicated that it was Presidential Inauguration month and gave a report and
trivia on the Presidents.
Eddie Tejeda, San Bernardino, commented on Agenda Item No. 7B and stated that he
believed that it is time to begin a new chapter and make lemonades out of the lemons. As
he previously mentioned, he was wholeheartedly ready to help in any way that he could
as a member of this beautiful City.
Al Palazzo, Rialto, stated that he made a promise to himself a year ago that he would get
four people from the dais to take his tour, but he failed. He stated that the Mayor needed
an advisor, like him and he would give the Mayor free lessons on how to move this City
forward by generating money and redeveloping the City.
Barbara Babcock, San Bernardino, gave a thank you and shout out to the great people at
The Green Shack. She stated that they did a lot for this community. They provided free
sandwiches for about forty-five people for the police academy. Ms. Babcock asked that
the community vote on the website htip•//peoplesmomentumaward.or /g vote.php to help
raise money for the Time for Change Foundation.
9. Items to be Referred to Council Committees
There were none.
10. Adjournment
The meeting adjourned at 9:59 p.m. The next joint regular meeting of the Mayor and
Common Council and the Mayor and Common Council Acting as the Successor Agency
to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, April 6, 2015.
GEORGEANN "GIGI" HANNA
City Clerk
By
Valerie R. Montoya
Deputy City Clerk
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