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Home My WebLink About10-20-2014 Jt. Reg Mtg Minutes Carey R. C Mayor City of San Bernardino Ma y y Davis Council Members 300 North "D" Street San Bernardino CA 92418 Virginia Marquez . Benito Barrios E http://www.sbcity.org John Valdivia Fred Shorett D ire 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, OCTOBER 20, 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 2:03 p.m., Monday, October 20, 2014, 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 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:0O"—p.in. John Valdivia Council Member, Ward 3 i Present 2:00 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' :'060 p.m. R. Carey Davis Mayor _ Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker City Manager Present 2:14 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 1110412014 Joint Regular Meeting Minutes October 20, 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): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ; Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1114110; In the Matter of the Appeal of CalPERS' Denial of Pension Benefits to Richard Lewis - Richard Lewis and City of San Bernardino (Respondents) - CalPERS' Case No. 2014 0256; MJ Dispensary Inc. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1415372. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Two (2) Items C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9. 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 Chief Assistant City Attorney Grider announced that during closed session in the matter of the Appeal of Ca/PERS'Denial of Pension Benefits to Richard Lewis — Richard Lewis and City of San Bernardino (Respondents) —Ca1PERS' Case No. 2014 0256, the Council voted unanimously to waive the attorney client privilege on two documents that will be introduced as evidence in that matter. 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 1110412014 Joint Regular Meeting Minutes October 20, 2014 Invocation/Pledge of Allegiance The invocation was given by Reverend Jones, Chaplain from Community Hospital. The Pledge of Allegiance was led by Vanesa Cruz, a sixth grade student from Monterey Elementary School. 2. Appointments 2A. Mayor's Office Appointment of Jeffrey Thurman to the Bureau of Franchises - Council Member Benito Barrios Motion: Approve the appointment of Jeffrey Thurman to the Bureau of Franchises as requested by Council Member Benito Barrios. RESULT: ADOPTED [UNANIMOUS] 00:04:171 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ........................_._J 2B. Mayor's Office Appointment of Jeffrey Thurman to the Fine Arts Commission - Council Member Benito Barrios Motion: Approve the appointment of Jeffrey Thurman to the Fine Arts Commission as requested by Council Member Benito Barrios. RESULT: ADOPTED [UNANIMOUS] 00:04:17 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 3. Presentations 3A. Certificates of Recognition -- Monserrat Gutierrez, Miss Cardinal 2014-15; Alejandra Rincon, First Runner-Up; and Jacqueline Contreras, Second Runner-Up -- Council Member Barrios 3B. Students of the Month -- Darling Santiago -- Urbita Elementary School and Jalen Cleveland -- Middle College High School-- Council Member Valdivia 3C. Proclamation Recognizing October as Breast Cancer Awareness Month -- Council Member Marquez — Accepted by Cindy Bean, Director of Medical and Surgical Services at St. Bernardine Medical Center. 4. A NNOUNCEMENTS -- Chamber of Commerce & Elected Officials ' Approximate time motion/second were made, according to timestamp on meeting video posted on City Website. Mayor and Connnon Conned of the City ofSan Bernardino Page 3 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 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 October 20, 2014. _.................... _ ___ ---- RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5B. City Clerk Council Minutes - September 2, 2014; September 15, 2014; and September 29, 2014 Council Member Johnson stated he would abstain on this item as he was not present at the Council meetings of September 15 and 29. Motion: Approve the Minutes of the Mayor and Common Council Meetings of September 2, 2014; September 15, 2014; and September 29, 2014. RESULT: ADOPTED UNANIMOUS] 00.45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSTAIN: Rikke Johnson 5C. City Clerk RES. 2014-365 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 2008-149 Relating to Administrative Fees for Business Registration Liens. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill C Mayor and Common Council of the City of San Bernardino Page 4 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Consultant Services Agreement Between the City of San Bernardino and Mathis Consulting Group for the Facilitation of Mayor and Council Workshops and Recruitments. Motion: Table. RESULT: TABLED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5E. 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 [5 TO 2] 00:51:31 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett,Nickel, Johnson, Mulvihill NAYS: Benito J. Barrios, John Valdivia 5F. 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 6, 2014) Mayor and Common Council of the City of San Bernardino Page 5 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 Public Comments: Joe Ortiz, San Bernardino James Onken, San Bernardino Richard Kaplan, San Bernardino Lynette Kaplan, San Bernardino Mark Ostoich, San Bernardino Arlean C. Potter, San Bernardino Buck Mau, Devore Heights Fred & Kathy Martinez Motion: Continue to November 3, 2014. RESULT: CONTINUED [6 TO 11 Next: 11/3/2014 2:00 PM___ MOVER: Fred Shorett, Council Member, Ward 4 01:08:48 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill NAYS: Rikke Johnson .................. .._..�...._... _ .............. ................ 5G. Community Development RES. 2014-366 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Amended Consultant Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official, and Counter Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 511. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. I RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 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 1110412014 Joint Regular Meeting Minutes October 20, 2014 5I. Fire RES. 2014-367 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of an Annual Purchase Order to Allstar Fire Equipment, Inc. in the Amount of$45,000 for the Replacement of Protective Clothing and Equipment for Structural and Wildland Firefighting. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 I AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill C __ ____w _-- .. __ _.- __. __ ........ _... _....... 5J. Fire RES. 2014-368 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Two to the Purchase Agreement Between the City of San Bernardino and Allstar Fire Equipment, Inc. to Increase Annual Purchase Order Number 2015-00000144 by$55,000 for an Amount Not to Exceed $100,000 for the Replacement of Lion Janesville Structural Firefighting Turnouts. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:45:3 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5K. Human Resources Resolution of the City of San Bernardino Amending Resolution No. 6413, Sections Ten, Eleven, Twelve, and Fourteen, Entitled in Part "A Resolution... Establishing a Basic Compensation Plan...", by Updating Information Codifying Prior Council Actions (General, Middle-Management, and Confidential &Management). Motion: Refer to the Personnel Committee. _............ ._ ............._ — RESULT. ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5L. Human Resources RES. 2014-369 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving Employer Paid Health Benefit Contributions for Benefit Plan Year 2015. Mayor and Common Council of the City of San Bernardino Page 7 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 Public Comments: Stephen N. Johns, San Bernardino Deanna Adams, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 2] 01:40:24 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Shorett,Nickel, Johnson,Mulvihill NAYS: Benito J. Barrios, John Valdivia 5M. Parks,Recreation & Community Services RES. 2014-370 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Transfer $368,000 from the San Bernardino Soccer Complex Unexpended Cash Fund Balance and Directing the Director of Finance to Amend the FY 2014-15 Budget by $368,000 on Both Revenues and Expenditures for Fund 134—Soccer Complex Fund. Motion: Adopt the Resolution. 0 RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5N. Police RES. 2014-371 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the San Bernardino City Unified School District and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:45:38 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 j AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill i______...__._.._._ _ _ _._.....__. .__�___ _ ..................................... 50. Police RES. 2014-372 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding Victor Medical a Purchase Order for Animal Medications and Supplies Not to Exceed $84,000.00 with Three Optional Renewal Years. Public Comments: Joe Ortiz, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 C 11 - 1.Motion: Adopt the Resolution. _ __---._.. ....................._... _______ ___ _____ ___ ....._........ RESULT: ADOPTED [UNANIMOUS] 01:43:20 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson ........... ...... ..................................__.._. 5P. Public Works RES. 2014-373 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Transfer $1,358,536.62 from Within the Budget of the Department of Public Works in Order to Fund Salaries Department Wide. Motion: Adopt the Resolution. ................ .............._ RESULT: ADOPTED [5 TO 11 01:52:46 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill NAYS: John Valdivia ABSENT: Rikke Johnson _..�.._. 6. Staff Reports 6A. City Attorney Discuss and Take Possible Action Regarding Medical Marijuana Dispensaries. Public Comments: Joe Ortiz, San Bernardino James DeAguilera, Redlands E.T. Snell, clown community activist William Cioci, San Bernardino Jay Lindberg, San Bernardino Karmel Roe, San Bernardino Deanna Adams, San Bernardino Mark Estermyer, San Bernardino City Attorney Saenz presented an oral report to the Mayor and Council. Consensus: Receive and file. 0 Mayor and Common Council of the City of San Bernardino Page 9 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 6B. City Manager Report on Financial Transparency Platform Chris Lopez gave a PowerPoint presentation regarding the OpenGov platform, which will allow public access to the City's budget. Consensus: Receive and file. 6C. Mayor's Office Discuss and Take Possible Action Regarding Public Integrity and Open Meetings Policy on the Use of Communications Devices Discussion ensued regarding possible Brown Act and First Amendment violations. Public Comments: Joe Ortiz, San Bernardino Motion: Refer the matter of a cell-phone ban for public officials and staff during official meetings of the Mayor and Common Council to the Legislative Review Committee. i RESULT: FAILED 13 TO 31 03:28:10 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez,Henry Nickel, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Fred Shorett E i ABSENT Rikke Johnson _. .......- .. ......� 6D. Public Works RES. 2014-374 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five-Year Capital Improvement Program (FY 2014-2019) for Measure I Local Expenditures. Public Comments: Al Palazzo, San Bernardino Motion 1: Adopt the Resolution with Exhibits "A" and "B". RESULT: ADOPTED [UNANIMOUS] 03:49:45 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 i AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson C, _ ....... ............ .............. Mayor and Common Council of the City of San Bernardino Page 10 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 City Attorney Saenz stated he would abstain on this item because he owns real property within 500 feet of the subject area. He left the Council Chamber and returned after the vote was taken. Council Members Marquez and Valdivia stated they would abstain on this item because they own real property in the subject area. They left the Council Chamber and returned after the vote was taken. Motion 2: Adopt the Resolution with Exhibit "C". -............ __ ._.............. ........ .........__, RESULT: ADOPTED [4 TO 0] 04:03:28 j MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 3 AYES: Benito J. Barrios, Fred Shorett, Henry Nickel, James Mulvihill ABSTAIN: Virginia Marquez, John Valdivia ABSENT: Rikke Johnson _. _.........._...._W..... . ____ ........ 6E. Public Works RES. 2014-375 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five-Year Capital Project Needs Analysis (2015-2020) for Measure 12010-2040 Expenditures. Public Comments: Al Palazzo, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:05:18 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 7. Public Comments on Items Not on the Agenda E.T. Snell, San Bernardino, spoke about medical marijuana. Bill Sandefur, San Bernardino, spoke in support of Measures Q (Safety Personnel Salaries) &R(Civil Service Discharge or Reduction of Compensation). Nicole Wolfe, Time for Change Foundation, San Bernardino, distributed and submitted into the record a packet of information regarding the competitive bid process for the awarding of CDBG funds in accordance with HUD rules and regulations. Vanessa Perez, Time for Change Foundation, San Bernardino, stated that she had hope that the City will make the right decisions and will follow the policies and procedures in order to benefit the City. Nlaror and Common Council of the City of San Bernardino Page 11 Printed 1110412014 Joint Regular Meeting Minutes October 20, 2014 Kim Carter, Time for Change Foundation, San Bernardino, spoke about the results of the HUD audit. Deanna Adams, San Bernardino, spoke about the camera work at Council meetings; and spoke in opposition to Measures Q &R. Cassie Levy, San Bernardino, spoke about the lack of Animal Control Commission meetings and urged the Council to appoint members who are willing to attend. Jay Lindberg, San Bernardino, said the money being spent on the war on drugs should be used on education and job training. Scott Olson, San Bernardino, spoke in support of Joe Arnett for San Bernardino Valley Water Board; and in opposition to Measure Q. Joe Ortiz, San Bernardino, spoke in opposition to Measure Q. Jim Smith, Highland, spoke about the negative perception of the City; and spoke in support of Measure Q. 8. Items to be Referred to Council Committees None. 9. Adjournment At 8:29 p.m., the meeting adjourned to 6:00 p.m., Monday, October 27, 2014, in the Council Chamber of City Hall, for a CDBG Workshop. 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 3, 2014. GEORGEANN "GIGI" HANNA City Clerk By dtZ Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 1110412014