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Home My WebLink About11-16-2015 Jt. Reg Mtg Minutes NARtjjkp City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members cSan Bernardino, CA 92418 Virginia Marquez http://www.sbcity.org Benito Barrios John Valdivia p` Fred Shorett .��'�1►ED 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 16, 2015 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and the City of San Bernardino was called to order by Mayor R. Carey Davis at 1:00 p.m., Monday, November 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 1 Present 1:00 P.M. Benito J. Barrios Council Member, Ward 2 Present 1:00 P.M. John Valdivia Council Member, Ward 3 Present 4:27 p.m. Fred Shorett Council Member, Ward 4 Present 1:00 P.M. Henry Nickel Council Member, Ward 5~ Present 4:16 p.m. Rikke Johnson Council Member, Ward 6 Present 1:00 P.M. James Mulvihill Council Member, Ward 7 Present 2:06 p.m. R. Carey Davis Mayor Present 1:00 P.M. Georgeann Gigi Hanna City Clerk_ Present 1:00 P.M. Allen Parker City Manager Present 1:00 P.M. Gary D. Saenz City Attorney Present 1:00 P.M. Mayor and Common Council of the City of San Bernardino Page 1 Printed 1211512015 Joint Regular Meeting Minutes November 16, 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; Golding v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 700791; City of San Bernardino v. Wells Fargo Bank, et al. - San Bernardino Superior Court, Case No. CIVDS 1212108. 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): City v. HSBC Bank City v. Mitchell City v. Caballero 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. 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 Father Einer Ochoa of Our Lady of Guadalupe Catholic Church. The Pledge of Allegiance was led by Hayden Croteau, a third grade student from Manuel Salinas Creative Arts Elementary School. Moment of Silence Mayor Davis requested a moment of silence in memory of fallen Police Officer, Bryce Hanes. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. 1 A, existing litigation: In the matter of Golding v. City of San Bernardino, et al., the Council gave settlement directive by vote of 4-0; In the matter of City of San Bernardino v. Wells Fargo Bank, et al., the Council gave settlement directive by vote of 4-0. Under Agenda Item No. 1 C, anticipated litigation: In the matter of City v. HSBC Bank, the Council gave settlement directive by vote of 4-0; In the matter of City v. Caballero, the Council gave settlement directive by vote of 4-0; In the matter of City v. Mitchell, the Council gave settlement directive by vote of 4-0. 3. Appointments There were no commission appointments. 4. Presentations 4A. CalRecycle Presentation — Comprehensive Recycling Communities (CRC) Project with the City of San Bernardino —Mayor R. Carey Davis 4B. Social Action Community Health Systems (SACHS) —20th Anniversary—Mayor R. Carey Davis 4C. Citizen of the Month — David Ortiz, Noyes' Bakery — Council Member Benito Barrios 4D. Student of the Month — Georgina Vazquez Garcia, San Andreas High School — Council Member Fred Shorett 4E. Presentation of Carnegie Medal to Gregorio V. Monge — Acting Fire Chief Hannemann 4F. Passenger Rail Project Update—SANBAG Justin Fornelli, Chief of Transit and Rail Programs, SANBAG, provided an update on the Redlands Passenger Rail Project. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 4G. Bankruptcy, Strategic Planning and Charter Committee Updates — Management Partners Deputy City Clerk Montoya announced that the November 24, 2015 Charter Committee meeting had been rescheduled to Tuesday, December 1, 2015. 4H. Chamber of Commerce & Local Elected Officials Announcements Assemblyman Marc Steinorth announced that his office hosted a Job Fair at California State University, San Bernardino, and a Veterans' Resource Fair where over 500 veterans were able to attend and receive information about what the State of California had available for veterans. He also announced the upcoming Stuff the Bus event which ends Friday, November 20, 2015; a Community Coffee at DJ's Coffee Shop on Saturday, November 21, 2015 at 9:00 a.m.; and on December 15, 2015, his office would be hosting their first annual open house. 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 November 16, 2015. RESULT: ADOPTED [UNANIMOUS] 02:05;17' 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 RES. 2015-251 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, Reciting the Facts of the Primary Municipal Election Held in Said City on the 3rd day of November 2015, Declaring the Results Thereof and Setting Forth Such Other Matters as Are Provided by Law. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:05;17 j MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5C. City Manauer RES. 2015-252 - 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 Authorizing a $53,000 Purchase Order Increase for Consulting Services from Urban Futures, Inc. with Respect to Winding-Down the Former Redevelopment Agency During the Period of July through December 2015. Approximate time the motion/second were made, according to the meeting video on the City website. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 Bill Manis, Deputy City Manager, indicated that this item was a request for the addition of$53,000.00 in wind-down money as part of the City's ongoing process with the State Department of Finance. He stated that Council was aware of the fact that the City was currently going through a process to meet the December 30, 2015 deadline to get the findings letter that would allow the City to get the Long Range Property Management Plan approved. He stated if they don't get the Long Range Property Management Plan approved, the City would lose 230 properties. He stated that this was the ongoing wind down process which the City would be doing for at least the next eight to nine months. Steve Dukett, Urban Futures, stated that he worked exclusively on the Successor Agency side. He indicated that Urban Futures had been providing services to the Successor Agency since the Recognized Obligation Payment Schedule 2 beginning July of 2012. He said that this was the end of three and a half years' worth of service and they had been integrated into the system. Mr. Dukett indicated that the first letter on the upcoming Recognized Obligation Payment Schedule from the Department of Finance was received and it was a good outcome. He stated that there were a few items that needed to be appealed and that one of them threatened the ability of the Successor Agency to issue its refunding bonds. He stated that they could use help from our Lobbyists and State Speaker of the Assembly's office. NOTE: Agenda items 5C & 5E were discussed simultaneously. Public Comments: Sandra Ibarra, San Bernardino Scott Olson, San Bernardino Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: FAILED [4 TO 31 02:46;15 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 Council Member Marquez subsequently changed her vote to a "yes"; therefore, the motion carried. Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 31 02:46;15 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Henry Nickel Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 5D. City Manager RES. 2015-253 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Purchase and Sale Agreement for the Purchase of 14.6 Acres of Land Located East of Waterman Avenue on the South Bank of the Santa Ana River from Rancon Realty Fund IV. Bill Manis, Deputy City Manager, provided a brief summary on the purchase of the above site. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:53;21 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5E. City Manager RES. 2015-254 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Seventh Amendment to the Consultant Services Agreement Between Urban Futures, Inc. and the City of San Bernardino. Bill Manis, Deputy City Manager, indicated that this item related strictly to the City's bankruptcy process. Michael Busch, President, Urban Futures, Inc. stated that the City had spent $1.8 million to date in services. He presented a detailed work plan. NOTE: Agenda items 5C & 5E were discussed simultaneously. Public Comments: Betty Jean Long, San Bernardino Sandra Ibarra, San Bernardino Scott Olson, San Bernardino Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 31 02:46;15 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Rikke Johnson, James Mulvihill NAYS: Benito J.Barrios, John Valdivia, Henry Nickel Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 5F. Civil Service Personnel Actions - Classified Public Comments: Betty Jean Long, 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 [UNANIMOUS] 02:05;17 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5G. Community Development Discussion Regarding Scoping Comments on the North-South Gas Line Project Mark Persico, Director of Community Development, gave an update on the project. An Associated Press article submitted by Richard Stanley was read into the record by Council Member Mulvihill. Public Comments: Scott Olson, San Bernardino Ralph Flower, San Bernardino Jay Lindberg, San Bernardino Barbara Babcock, San Bernardino Motion: Direct staff to submit a letter to the California Public Utilities Commission and to engage a lobbyist to advocate on the City's behalf. RESULT: ADOPTED [UNANIMOUS] 03:15;34 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5H. Finance Approval of Commercial Checks and Payroll Checks Public Comments: Betty Jean Long, San Bernardino Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] 02:05;17 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill _! 5I. Human Resources Personnel Actions - Unclassified Public Comments: Betty Jean Long, San Bernardino Motion: Approve the unclassified personnel actions Items 1 and 2, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 03:30;17 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Motion: Approve the unclassified personnel actions Item 3, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [5-2] 03:32;42 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Nickel, Johnson NAYES: Fred Shorett, James Mulvihill 5J. Human Resources RES. 2015-255 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the San Bernardino Police Management Association Employee Compensation and Benefits Plan. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 ----------------- _ RESULT: ADOPTED [UNANIMOUS] 02:05;17 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5K. Police Discuss and Take Possible Action Regarding the Police Services Five Year Resources Plan Chief Burguan gave a PowerPoint Presentation entitled, "Five Year Resource Plan". Public Comments: Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Police Services Five Year Resources Plan for inclusion in the City's strategic and annual budget planning processes. Actual resources allocations to support the plan will be addressed annually during the City's budget process. RESULT: ADOPTED [UNANIMOUS] 04:20;09 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5L. 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 with The Matich Corporation, Appropriating Fiscal Year 15-16 Funds for Said Project and for the Concrete Improvement Project. (Continued from November 2,2015) Emilio Murga, City Engineer, stated that this item was being continued due to a minor discrepancy in the total project budget. Public Comments: Betty Jean Long, San Bernardino Motion: Continue to December 7, 2015. RESULT: CONTINUED [UNANIMOUS] Next: 12/7/2015 2:00 PM MOVER: John Valdivia, Fred Shorett 04:29;00 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 9 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 5M. Public Works RES. 2015-256 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Exercise the Sale Of, or Otherwise Dispose Of, Surplus City Vehicles. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:05;17 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Staff Reports 6A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 9.62 of the San Bernardino Municipal Code Regarding Median Island Safety. (FIRST READING) 10 Public Comments: Jay Lindberg, San Bernardino Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 12/7/2015 2:00 PM MOVER: Rikke Johnson, Council Member, Ward 6 04:48;00 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6B. City Manager RES. 2015-257 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Staff to Negotiate an Agreement with Burrtec to Provide Refuse and Recycling, Street Sweeping and Right-Of-Way Clean-Up Services to the City Based on the Requirements of the City's Request for Proposal and Burrtec's Response. I Andy Belnap, Management Partners, stated that the reason for the continuance was because new information was received from both of the top two vendors and they needed time to analyze the information and provide the Council with all the information necessary to make the best decision for the community. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/18/2015 i Joint Regular Meeting Minutes November 16, 2015 Motion: Continue to December 7, 2015. RESULT: FAILED 15 TO 21 00:01;53 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Nickel, Mulvihill NAYS: Marquez, Barrios, Valdivia, Shorett, Johnson �I Public Comments: Oscar Gonzalez, San Bernardino Humberto Velasco, San Bernardino Scott Olson, San Bernardino Gary Clifford, Athens, San Bernardino Anthony Bertrand, Athens, San Bernardino Alicia Dragon, Athens, San Bernardino Elias Hernandez, Athens, San Bernardino Mariah Cruz, Athens, San Bernardino Jovi Rodriguez, San Bernardino Ralph Flower, San Bernardino Jay Lindberg, San Bernardino Johnnie Perkins, San Bernardino Victor Carrillo, San Bernardino Mike Arreguin, Vice President, Burrtec Waste Industries, San Bernardino ' Charles Greenwood, San Bernardino Mr. Belnap, Management Partners, presented a brief PowerPoint entitled, "Contracting for Solid Waste, Street Sweeping, and Right of Way Clean-up." Council Member Shorett made a motion to continue this item for three weeks. The motion died for lack of a second. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 06:00;45 MOVER: Benito Barrios, Council Member, Ward 2 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Johnson, Mulvihill NAYS: Fred Shorett 6C. Mayor's Office Discussion on OpenGov Platform Motion: Continue to December 7 2015. Mayor and Common Council of the City of San Bernardino Page 11 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 RESULT: CONTINUED [UNANIMOUS] Next: 12/7/2015 2:00 PM MOVER: Henry Nickel, Council Member, Ward 5 06:13;50 SECONDER: John Valdivia, Council Member, Ward 3 j AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 7. Public Comments on Items Not on the Agenda Paul Sanborn, San Bernardino, spoke about the Press Enterprise's November 1, 2015 article regarding water. He stated that the City of Riverside had taken over a billion dollars of water out of the basin for free and he believed it was time to file a lawsuit against them. Scott Olson, San Bernardino, spoke about getting involved in elections the last couple of years and said it had been a big learning experience. He also spoke about the Sixth and Seventh Ward candidates. Sandra Ibarra, San Bernardino, said she was upset at Council Member Marquez changing her vote on Agenda Item 5E. She spoke about the annexation costing more than it should. She said it would be great if City Attorney Saenz and Council Member Shorett would open that up for discussion. She also spoke about the water/sewer rates going up. Sandra Owen-Olivas, San Bernardino, announced that the Second Annual Winter Wonderland was going to be held on December 5, 2015 at 7:00 p.m. at Perris Hill Park. She said there would be snow hills, cookies with Santa, a Christmas train, vendors, entertainment in the Bowl, pet adoptions, a car show, and the YMCA Children's parade would kick it off and they would also have their YMCA Jubilee. She stated that the Patrons of the Roosevelt Bowl wanted to thank the following sponsors: City Attorney Gary Saenz, City Clerk Gigi Hanna, Council Member Marquez and Ms. Dora Marquez, Council Member Barrios, Council Member Valdivia, Council Member Nickel and Michael McKinney. Jay Lindberg, San Bernardino, spoke about the Public Works employees being happier than they had been. He spoke about people not wanting to live in San Bernardino because it had the lowest household incomes in the State. Shirley Harlan, San Bernardino, spoke about Agenda Items 5C & 5E and said that it was very important to the residents to understand the reports and documentation in the backup. 8. Items to be Referred to Council Committees/Council Members Requests None 9. Annoucements by Council Members and Executive Staff Mayor Davis read Lu Chin's response to the Los Angeles Times negative article about the City of San Bernardino. Mr. Chin's response outlined many positive occurrences that had taken place in the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 12 Printed 11/18/2015 Joint Regular Meeting Minutes November 16, 2015 10. Adjournment At 11:08 p.m., the meeting adjourned in memory of Officer Bryce Hanes who lost his life in the line of duty. 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, December 7, 2015. GEORGEANN "GIGI" HANNA C'ty Clerk By Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 13 Printed 11/18/2015