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HomeMy WebLinkAbout11-02-2015 Jt. Reg Mtg Minutes WAR°l�o� City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members e San Bernardino CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred t n iN� • 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 2, 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 2:06 p.m., Monday, November 2, 2015, 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 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 Council Member, Ward 5 Present 4:00 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 "Gi i" Hanna City Clerk _ Present 2:00 p m. Allen Parker City Manager er Present 1 2:00 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 111512015 Joint Regular Meeting Minutes November 2, 2015 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 San Bernardino v. Robert Aaberg, et al. — San Bernardino County Superior Court, Case No. CIVDS 1511135; James Beach v. City of San Bernardino — Workers Compensation Appeals Board, Case No. ADJ9221558. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): Potential tax liability—San Bernardino Joint Powers Financing Authority C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v.Fannie Mae City v.MPN 14,Limited Partnership City v. Lidman City v.Federal National Mortgage Association City v. Riad City v. Ong City v. Bank of New York Mellon D. Closed Session - personnel -pursuant to Government Code Section 54957: City Manager 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: Mid-Management G. Conference with real property negotiators - Pursuant to Government Code Section 54956.8: Property: 1494 and 1554 E. Art Townsend Drive,APN 0136-341-09 Negotiating Parties: Bill Manis and Mickey Valdivia on behalf of the City and the IVDA Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Mayor and Common Council of the City of San Bernardino Page 2 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 Moment of Silence Council Member Marquez requested a moment of silence in memory of Honoria Canul, co- owner of Molly's Restaurant. Council Member Barrios requested a moment of silence in memory of George Gastel, former Senior Affairs Commissioner. Invocation/Pledge of Allegiance The invocation was given by Reverend Dennis Morgan Brown. The Pledge of Allegiance was led by Julio Haros, a first grade student at Roosevelt Elementary School. 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of City of San Bernardino v. Robert Aaberg, et al., the Council gave settlement directive by vote of 5-0; In the matter of James Beach v. City of San Bernardino, the Council gave settlement directive by vote of 5-0. Under Agenda Item No. 1 B, anticipated litigation, significant exposure to litigation: In the matter of Potential tax liability - San Bernardino Joint Powers Financing Authority, the Council, acting as the San Bernardino Joint Powers Financing Authority, gave settlement directive with respect to the IRS by vote of 5-1. (After the meeting, the City Clerk confirmed that the vote was 6-0.) Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Fannie Mae, the Council gave settlement directive by vote of 6-0; In the matter of City v. MPN 14, Limited Partnership, the Council gave settlement directive by vote of 6-0; In the matter of City v. Lidman, the Council gave settlement directive by vote of 6-0; In the matter of City v. Federal National Mortgage Association, the Council gave settlement directive by vote of 6-0; In the matter of City v. Bank of New York Mellon, the Council gave settlement directive by vote of 6-0; In the matter of City v. Ong, the Council gave settlement strategy directive by vote of 6-0. Under Agenda Item No. IF, conference with labor negotiator, the Council approved a proposed agreement by vote of 6-0. Under Agenda Item No. 1 G, conference with real property negotiators, the Council gave authority to engage in negotiations for sale of that property by consensus. Mayor and Common Council of the City of San Bernardino Page 3 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 I Appointments There were no commission appointments. 4. Presentations 4A. 9th Unveiling of the Hometown Heroes Military Banners — Council Member Virginia Marquez Gina Walden from the Rock Church performed "God Bless America." 4B. Proclamation designating November 2015 as Epilepsy Awareness Month — Mayor R. Carey Davis 4C. Certificate of Recognition — Water Resources Institute's Water Conservation Award — Water Department General Manager Stacey Aldstadt — Council Member John Valdivia 4D. California Law Enforcement Challenge Award — San Bernardino Police Department Traffic Unit—CHP Deputy Commissioner Stanley 4E. Certificate of Recognition — AARTAC Swat Competition — Mayor R. Carey Davis and Police Chief Jarrod Burguan 4F. Bankruptcy/Strategic Planning/Charter Committee Updates -- Management Partners City Clerk Hanna announced that the Charter Review Committee's upcoming Community Engagement Forums would be held at 6:30 p.m. on November 4, 2015, at Golden Valley Middle School; November 5, 2015, at Arroyo Valley High School; and on November 9, 2015, at Indian Springs High School. 4G. Chamber of Commerce & Local Elected Officials Announcements Phil Waller announced upcoming Chamber events and activities. Enrique Armenta of Congressman Pete Aguilar's office provided information regarding a job fair on November 6, 2015, at the Inghram Community Center. 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of the resolutions and ordinances on the agenda dated November 2, 2015. Mayor and Common Council of the City of San Bernardino Page 4 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 RESULT: ADOPTED [UNANIMOUS] 00:56;501 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5B. City Clerk Council Minutes - August 3, 2015, August 17, 2015; August 24, 2015; and August 31, 2015 Motion: Approve the Minutes of the Mayor and Common Council Meetings of August 3, 2015; August 17, 2015; August 24, 2015; and August 31, 2015. - ....... RESULT: ADOPTED [UNANIMOUS] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5C. City Clerk RES. 2015-241 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Prepayment of the Costs Estimated for the November 3, 2015 Consolidated Election to the County of San Bernardino. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5D. City Manager RES. 2015-242 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 2007-345, Regarding the Establishment of Management/Confidential Employee Compensation and Benefits Plan Between the City and Management/Confidential Employees. Public Comments: Stephen Johns, San Bernardino Motion:o Adopt the Resolution. Approximate time the motion/second were made, according to the meeting video posted on City website. Mayor and Common Council of the City of San Bernardino Page 5 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 RESULT: ADOPTED [UNANIMOUS] 01:50;05 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 Regional Access Center- First Quarter Report (Continued from October 19,2015) Brandon Mims, Deputy Director of Housing, gave a brief PowerPoint presentation. Larry Haynes, Executive Director of Mercy House, answered questions posed by the Council. Public Comments: Jay Lindberg, San Bernardino Consensus: Receive and file. 5F. City Manager RES. 2015-243 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Joint Agreement Between the City of San Bernardino and Loma Linda University for Gateway Health Center Campus Off-Site Street Improvements. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:31;12 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5G. 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] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 6 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 5H. Community Development RES. 2015-244/SA 2015-1 —Joint Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of an Exclusive Negotiation Agreement with AECOM Technical Services, Inc. and the Fransen Company, Inc. for the Redevelopment of Certain Real Property, Comprising Approximately 48.5 Acres, Commonly Known as the Carousel Mall, the Regal Theaters, and the California Theater, Located Generally at 300 and 450 North E Street and at the Northwest Corner of Fourth Street and E Street, San Bernardino, California, and of the Mayor and Common Council, Acting as the Governing Body of the City of San Bernardino as Successor Agency to the Former Redevelopment Agency of the City of San Bernardino, Acknowledging the Execution of Such Agreement, Bill Manis, Deputy City Manager, explained the process of selecting the development firms and announced that the team that rose to the top was the AECOM team in partnership with The Fransen Company and KB Home. He stated that the first step in the process would be to negotiate a development agreement wherein they would finalize the phasing and timeline and see how it would work financially. Mr. Manis added that the team had put forward a non-refundable deposit of$10,000 per month that would extend over the term of the agreement. Mark Persico, Director of Community Development, stated that this was the first step in the ultimate redevelopment of the Carousel Mall. He said the community would be involved as they further define the project and determine the appropriate mix of uses and the architectural style. A PowerPoint presentation entitled "Carousel Mall Site San Bernardino California dated November 2, 2015," was submitted into the record and discussed by the following: Vaughan Davies, Principal at AECOM; John Fransen, President of The Fransen Company; and Bruce Tripp, Senior Vice President of KB Home. Public Comments: Jay Lindberg, San Bernardino Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:36;43 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5I. Community Development RES. 2015-245 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of One Mills Act Preservation Agreement with the Barbara J. Miller Trust for the Property Located at 5395 N. Mountain View Avenue, San Bernardino. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 0 RESULT: ADOPTED [UNANIMOUS] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5J. 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] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5K. Human Resources RES. 2015-246 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Community Development Block Grant (CDBG) Coordinator/Assistant of the City Manager (U) (Grant Funded) and Approving the Job Description; and Approving the Addition of Two (2) Community Development Block Grant (CDBG) Coordinator/Assistant of the City Manager (U) (Grant Funded) Positions for the Housing Division in the City Manager's Office. Public Comments: Sandra Ibarra, San Bernardino Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:37;00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5L. Human Resources RES. 2015-247 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Position of Senior Office Assistant (U) and Approving the Job Description; and the Addition of One (1) Senior Office Assistant (U) Position for the City Clerk's Office. Public Comments: Sandra Ibarra, San Bernardino Scott Olson, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 RESULT: ADOPTED [UNANIMOUS] 2:37;00 0 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5M. Public Works RES. 2015-248 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Memorandum of Understanding with Omnitrans Covering the Construction and Construction Management, Administration, and Inspection of the "E" Street Improvement Project, from 10`h Street to Highland Avenue. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:45;45 MOVER: Benito J. Barrios, Council Member, Ward 2 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5N. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Approving Contract Change Orders No. 1 and 2, for the Annual Citywide Maintenance Services Contract for Roadway Rehabilitation Work on Various San Bernardino City Streets Project. Staff requested a two-week continuance. Public Comments: Jay Lindberg, San Bernardino Motion: Continue to November 16, 2015. RESULT: CONTINUED [UNANIMOUS] Next: 11/16/2015 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 00:56;50 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 50. Public Works RES. 2015-249 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 3 to the Vendor Service Agreements with Inland Empire Landscape and Service Scape for Landscape Maintenance. (Continued from October 19, 2015) Council Member Johnson stated that he would abstain from this item as he owns property within 500 feet of Assessment District Nos. AD 953 and AD 1029. Mayor and Common Council of the City of San Bernardino Page 9 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 0] 00:56;50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill I ABSTAIN: Rikke Johnson 6. Staff Reports 6A. City Manager Presentation of Audited Fiscal Year 2012-13 Basic Financial Statements of the City of San Bernardino Nita McKay, Deputy City Manager, presented a brief overview of the audited financial statements. Public Comments: Scott Olson, San Bernardino Jay Lindberg, San Bernardino Consensus: Receive and File the Audited Basic Financial Statements for Fiscal Year 2012-13. 613. Council Office Scheduling of a Workshop Regarding the North-South Pipeline Project Council Member Mulvihill stated that he placed this item on the agenda because he had been aware of this project since April of this year. He said there hadn't been a great deal of information being passed along to the Council regarding this, so he felt it would be appropriate that a workshop or possibly a presentation should be made to acquaint the Council on some serious questions regarding the route choice and decision making relative to the high pressure line. He stated that it would need to be done quickly because the comment period for the scoping stage of the EIR ended on November 23, 2015, so they would need to agendize something for the next Council meeting. Council Member Mulvihill said the 36-inch diameter gas pipeline would stretch 65 miles from Adelanto to Moreno Valley, and of all the cities involved, San Bernardino would be affected the most, with 14.6 miles going right through the center of the City from north to south. He said the City would be affected for a number of months, if not a number of years, and would impact some major commercial and residential areas in the City. Council Member Shorett stated that it was his understanding that Tom Dodson and Associates had been hired to help the City through the process and give advice on what could be done. Mayor and Common Council of the City of San Bernardino Page 10 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 Public Comments: Scott Olson, San Bernardino Ralph Flower, San Bernardino Jay Lindberg, San Bernardino Consensus: Bring the item back on November 16, 2015, for discussion and possible action. 6C. Successor Agency RES. 2015-250 — Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Form of Preliminary Official Statement in Connection with the Sale and Delivery of Its Tax Allocation Refunding Bonds; Making Certain Determinations Relating Thereto; and Authorizing Certain Other Action in Connection Therewith. Douglas Anderson, Financial Advisor with Urban Futures, Inc., gave a brief presentation and answered questions regarding the Tax Allocation Refunding Bonds. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:29;15 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 7. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, said she was tired of asking City officials to make changes to get things done and said she was going away for a while but would return to hold people accountable. Scott Olson, San Bernardino, spoke about several candidates whose campaigns he had worked on. Sandra Ibarra, San Bernardino, spoke about voting to make changes in the City and encouraged others to do the same; said she was a homeowner and was cited for a minor violation in retaliation for speaking up for the citizens of San Bernardino; and said she planned on attending two of the Charter Review Committee's Community Engagement Forums. Ralph Flower, San Bernardino, stated that he was concerned about the pipeline; and said he was excited about the proposed plan for the Carousel Mall and the downtown area. Jay Lindberg, San Bernardino, said he was concerned about Kaufman and Broad and suggested the City keep a close eye on them; and said the City was not offering the education and job training to produce skilled workers in the community. Mayor and Common Council of the City of San Bernardino Page 11 Printed 111512015 Joint Regular Meeting Minutes November 2, 2015 Ron Sellers, Highland, suggested that the City save money in order to avoid buying so many bonds; and denounced unions and Common Core. Robert Porter, San Bernardino, asked people to vote for Kim Carter and Time for Change for the CNN Heroes award; publicized the CERT team's Thanksgiving Day 5K fundraiser; and thanked Council Member Barrios for being on his radio show. William Cioci, San Bernardino, stated that epilepsy was one of the diseases people control with pot; and announced that HempCon would take place this weekend at the National Orange Show. Esmeralda Negrete, San Bernardino school board candidate, stated that many parents didn't understand where the funding came from for the schools so they blamed the school district's shortcomings on the City's bankruptcy; and spoke against Common Core. 8. Announcements by Council Members and Executive Staff 9. Items to be Referred to Council Committees Council Member Marquez asked the City Manager to give her an update on an item she had referred to Ways and Means about 3-4 months ago regarding potential CDBG funding limits for non-profit organizations. !: 10. Adjournment The meeting adjourned at 9:38 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 16, 2015. GEORGEANN "GIGI" HANNA City Clerk By " Linda Sutherland Deputy City Clerk • Mayor and Common Council of the City of San Bernardino Page 12 Printed 111512015