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Home My WebLink About10-06-2014 Jt. Reg Mtg Mintues $ AR '' City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members o San Bernardino CA 92418 Virginia Marquez Benito Barrios ht .//www.sbcit or �� Y• g John Valdivia ,r Fred Shorett 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 6, 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 2:04 p.m., Monday, October 6, 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 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:05 p.m. Henry Nickel Council Member Ward 5 Present 2:00 p.m. Rikke Johnson Council Member, Ward 6 Absent ----------- James Mulvihill Council Member, Ward 7 Present 2:00 p.m. R. Carey Davis i`Mayor Present 2:00 p.m. _. 0 Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Allen Parker City Manager Present 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 1011412014 Joint Regular Meeting Minutes October 6, 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; People of the State of California v. Manta Management Corporation - San Bernardino Superior Court, Case No. SCV 18157 (Appeals Case No. E052527). 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: One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision(c) of Government Code Section 54956.9: City v. Chavez City v. Macias City v. Lopez D. Closed Session -personnel -pursuant to Government Code Section 54957: Deputy City Manager Community Development Director 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: Fire Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Closed Session Announcement City Attorney Saenz reported the following actions taken during closed session: In the matter of the People of the State of California v. Manta Management Corporation, the Council gave negotiation direction by consensus; In the matter of the City v. Chavez, the Council gave settlement negotiation guidance by unanimous vote; In the matter of the City v. Lopez, the Council gave settlement negotiation guidance by unanimous vote; Mayor and Common Council of the City of San Bernardino Page 2 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 Regarding the POA, the Council gave direction to continue negotiations in mediation through Judge Zive; and wv In the matter of the medical marijuana dispensaries, the Council determined by consensus that the City will continue with its total land use ban against dispensaries, will not at this time ordain to allow regulated dispensaries, and will incorporate additional and more aggressive methods of enforcement in the quest to rid or significantly reduce the number of illegal dispensaries operating in the City. City Attorney Saenz made the following statement: "Let all owners, operators, employees, and others associated therewith, and all owners and landlords of properties that are used for dispensaries know that the same is illegal and banned in the City of San Bernardino, and that continuing such activity will subject him or her to the likelihood of prosecution, both criminal and civil, to the full extent of the law." Reading of Resolutions and Ordinances Deputy City Clerk Sutherland 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 former Fifth Ward Councilman "Joe" V.C. Suarez, Jr. Invocation/Pledge of Allegiance The invocation was given by Reverend David Nagler from Central City Lutheran Mission. The Pledge of Allegiance was led by Emma Nikol, a fifth grade student from Marshall Elementary School. 2. Appointments There were no commission appointments. 3. Presentations 3A. Proclamation Designating October 16, 2014 as Jack Hill Day--Mayor Davis 3B. Resolution In Memory of Former Fifth Ward Council Member "Joe" V.C. Suarez, Jr. -- Council Member Nickel 3C. Donation of Book to Ed Erjavek, Feldheym Library-- Council Member Nickel 3D. San Bernardino Valley Municipal Water District -- Water Conservation -- Doug Headrick, General Manager, and Gil Navarro, Board Member. George Castillo, City of San Bernardino Municipal Water Department Administrative Services Manager, discussed local water conservation programs. 3E. Proclamation Recognizing October 2014 as National Fine Arts and Humanities Month -- Mayor Davis — accepted by Dorothy Garcia, Chairman of the Fine Arts Commission Mayor and Common Council of the City of San Bernardino Page 3 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 4. Announcements -- Chamber of Commerce & Elected Officials 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 October 6, 2014. RESULT: ADOPTED [UNANIMOUS] 01:51:511 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 5B. City Clerk Review Council Minutes - July 7, 2014; July 17, 2014; July 18, 2014; and July 21, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of July 7, 2014; July 17, 2014; July 18, 2014; and July 21, 2014. ......................I .....__........_ __ .... _ .. ................_..__ _ RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 5C. City Clerk Review Council Minutes -August 4, 2014; August 7, 2014; and August 18, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of August 4, 2014; August 7, 2014; and August 18, 2014. RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson Approximate time motion/second were made,according to timestamp on meeting video posted on City Website. Mayor and Common Council of the City of San Bernardino Page 4 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 5D. 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] 03:00:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill j ABSENT: Rikke Johnson lV_.........._..W.__............. ......._...._____...................................................... __ ........................................................ ............... . ........ ........_... 5E. Community Development RES. 2014-353 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Perform a Budget Transfer of $482,485 in Salaries from Account Numbers 001-180-0028-5011 ($321,024) and 001- 180-0029-5011 ($161,461) into Account Numbers 001-180-0028-5505 ($321,024), 001- 180-0029-5502 ($40,365), 001-180-0001-5505 ($80,731), and 001-180-0001-5104 ($40,365) for Contractual Services. Motion: Adopt the Resolution. ....... -.1111 111 1 11.1.1111",........ ... .. .......... ......_ _ ......... ......... RESULT: ADOPTED [UNANIMOUS] 03:00:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 5F. 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] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 I SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson Mayor and Common Council of the City of San Bernardino Page 5 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 5G. Finance _., RES. 2014-354 — Resolution of the Mayor and Common Council of the City of San Bernardino Designating Hinderliter, De Llamas (HDL) as the Authorized City Representative to Examine Transactions (Sales) and Use Tax Records, and Designating the City Manager, Deputy City Manager, Budget Officer, Director of Finance, Accounting Manager, and the Principal Accountant as the City Officers Authorized to Receive Information Contained In, or Derived From, the Transactions (Sales) and Use Tax Records, and Rescinding Resolution No. 2011-278. Motion: Adopt the Resolution. ... RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 511. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions Nos. 1 & 3 (Revised 1016114), as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [4 TO 21 0 0-3:27 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Benito J. Barrios, John Valdivia, Fred Shorett, Henry Nickel NAYS: Virginia Marquez, James Mulvihill ABSENT: Rikke Johnson Motion: Approve the unclassified personnel actions No. 2 (Revised 1016114), as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. .......... _� _ .. - _ _.._ __ _.._ RESULT: ADOPTED [5 TO 11 03:04:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill NAYS: John Valdivia ABSENT: Rikke Johnson _.. _.._. _............. -- Mayor and Common Council of the City of San Bernardino Page 6 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 0 5I. Information Technololly RES. 2014-355 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Nexus and the Issuance of Purchase Orders for Nexus in the Amount of$149,238.00 and NETECS for the Amount of$75,299.00 for PBX Configuration and Integration Services and Equipment. Revised backup materials were distributed to the Mayor and Council. Motion: Adopt the Resolution. ..__ ....... RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 5J. Library RES. 2014-356 — Resolution of the Mayor and Common Council of the City of San Bernardino to Transfer a $3,000 Donation from La Salle Medical Group from Account #772-2419 to Account 9105-470-0064-5123, and Increase the Library's Budget by the Same Amount, for the Purchase of Books at the Paul Villasenor Branch Library. Nftw, Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:12 04 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 5K. Parks, Recreation & Community Services Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Contract Employment Agreement Between the City of San Bernardino and Brian Turnbull for CDBG Project Management Services. Motion: Continue to November 3, 2014. RESULT: CONTINUED [5 TO 1] Next: 11/3/2014 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 02:58:24 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett,Nickel, Mulvihill j NAYS: Benito Barrios ABSENT: Rikke Johnson ... ..................----- Mayor and Common Council of the City of San Bernardino Page 7 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 SL. Police RES. 2014-357 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of Purchase Orders to Fairview Ford in an Amount Not to Exceed $117,000 and West Coast Lights & Sirens, Inc., in an Amount Not to Exceed$43,000 Utilizing Account Number 123-210-0001-5701-0972. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. —_............................_ RESULT: ADOPTED [UNANIMOUS] 03:15:35 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill 1 ABSENT: Rikke Johnson L.__..........._._. _ __ _ 5M. Police RES. 2014-358 – Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of $55,000 from Account Number 108-210-0082- 5112 to Account Number 108-210-0082-5701 and the Issuance of a Purchase Order to Carmax in an Amount Not to Exceed $55,000 Utilizing Account Number 108-210-0082- 5701. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. ............................. RESULT: ADOPTED [UNANIMOUS] 03:18:30 MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 5N. Public Works RES. 2014-359 – Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Cooperative Agreement with the City of Highland for Construction of a Bike Lane on 5th Street/Greenspot Road from Waterman Avenue to Valencia Court. Council Member Nickel stated that he would like to see a list of all outstanding Transportation Development Act (TDA) and Capital Improvement Project (CIP) obligations. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 1011412014 I Joint Regular Meeting Minutes October 6, 2014 RESULT: ADOPTED [4 TO 21 03:20:05 MOVER: James Mulvihill, Council Member, Ward 7 i SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill NAYS: Benito J. Barrios, John Valdivia ABSENT: Rikke Johnson 50. Public Works RES. 2014-360 -- Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to George Carson LLC, for an Existing Fire Lane Easement, Located on Private Property North of Central Avenue, East of Tippecanoe Avenue. Motion: Adopt the Resolution. ...... ........ . RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 5P. Public Works RES. 2014-361 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Matich Corporation, for Annual Citywide Maintenance Services Contract for Roadway Rehabilitation Work on Various San Bernardino City Streets, Special Provisions No. 13024. Motion: Adopt the Resolution. ........... RESULT: ADOPTED [UNANIMOUS] 03:00:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 5Q. Successor Agency RES. 2014-362 — 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 0 at 6044 Gregory Street, San Bernardino, California. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill I ABSENT: Rikke Johnson 5R. Treasurer's Office Treasurer's Office Portfolio Report for the Month of August 2014 Motion: Receive and file. I RESULT: ADOPTED [UNANIMOUS] 01:51:51 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill j ABSENT: Rikke Johnson 6. Public Hearings 6A. Community Development RES. 2014-363 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing a Substantial Amendment to the 2014-2015 HUD Action Plan to Fund Various Neighborhood Revitalization Projects. Mayor Davis opened the hearing. Brandon Mims, Project Manager/Assistant of the City Manager, stated that the 2014- 2015 HUD Action Plan was adopted April 21, 2014, and was submitted to HUD prior to May 15, 2014. He stated that proposed changes to the Action Plan that exceed $25,000, are considered substantial amendments that must be noticed in The Sun, discussed at a public hearing, and adopted by the Mayor and Council. Mr. Mims stated that the Community Development Department submitted a request to the City Manager to allocate $769,813 of Community Development Block Grant funding to be used for demolition of vacant/abandoned and fire-damaged structures ($282,419), weed abatement on parcels that have been declared a public nuisance ($144,105), and neighborhood revitalization, which will focus on reducing blight, educating and empowering residents on how to revive their property, and boarding up unsafe and damaged properties ($343,289). Mr. Mims stated that the Council could choose to completely or partially fund the request. Council Member Shorett requested that the City Manager schedule a CDBG workshop to review/discuss City projects. Council Member Valdivia asked the City Manager to research and let him know what happened to the dormant account of approximately $350,000 that he highlighted in 2012- 2013. Mayor and Common Council of the City of San Bernardino Page 10 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 Community Development Director Persico stated that the goal is to start in January 2015 to demolish three fire-damaged structures every month through the end of fiscal year. 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: Al Palazzo, San Bernardino, spoke about developing a bike path on both sides of the freeway. Motion: Close the hearing; and adopt the Resolution. ._ RESULT: ADOPTED [UNANIMOUS] 01:04:07 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSENT: Rikke Johnson 7. Staff Reports 7A. City Manager RES. 2014-364 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Terms and Conditions of Employment for the Fire Safety Unit Employees Represented by the San Bernardino City Professional Firefighters (SBCPF), Local 891. Public Comments: Deanna Adams, San Bernardino Jay Lindberg, San Bernardino Scott Olson, San Bernardino Jeff English, President of the San Bernardino Firefighters Association Steve Tracy, Executive Board Member for the San Bernardino City Professional Firefighters n Rich Lentine, Fire Department employee Al Palazzo, San Bernardino Motion: Adopt the Resolution. 0 Mayor and Common Council of the City of San Bernardino Page 11 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 RESULT: ADOPTED [3 TO 31 04:29:41 MOVER: Fred Shorett, Council Member, Ward 4 I SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Henry Nickel ABSENT: Rikke Johnson **NOTE: Mayor Davis broke the tie with a"yes" vote, and the motion carried. 7B. City Manager 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. Council Member Shorett stated that he could not support this item. He encouraged management to set up a workshop to discuss how CDBG funds, housing funds, and emergency shelter funds are spent and how they will dovetail into the City's plan for economic development. Motion: Table. __ _ _ ...... _ _ _. _ _.__... _ ..—__._. ...._– RESULT: TABLED [4 TO 2] 05.07:55 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Benito J. Barrios, John Valdivia, Fred Shorett, Henry Nickel NAYS: Virginia Marquez, James Mulvihill ABSENT: Rikke Johnson 7C. 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). Public Comments: Lynette Kaplan, San Bernardino, submitted photos into the record Ed Bonadiman, San Bernardino 0 Mark Ostoich, representative for the developer and land owner, San Bernardino Fred Martinez, Devore Heights Jay Lindberg, San Bernardino Scott Olson, San Bernardino Buck Mau, Devore Heights Mayor and Common Council of the City of San Bernardino Page 12 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 Henry Empeflo, Sr. Deputy City Attorney, advised the Mayor and Council that denial of this proposed resolution would expose the City to liability in a breach of contract lawsuit by the Developer, Montecito Equities, Ltd. He stated that on February 19, 2013, the Mayor and Council approved Resolution No. 2013-034, which adopted a Final Environmental Impact Report, the Spring Trails Specific Plan, and General Plan Amendment No. GPA 02-09, which included the pre- annexation of the Spring Trails project site. Mr. Empeflo stated that the Resolution also adopted a Development Agreement, which is a contract that binds the City and the developer. Council Member Shorett made a motion to adopt the Resolution. The motion died for lack of a second. Discussion ensued regarding the lack of a secondary access, fire mitigation, weed abatement, and flooding/drainage issues. Mr. Ostoich requested a two-week continuance. Motion: Continue to October 20, 2014. RESULT: CONTINUED [UNANIMOUS] Next: 10/20/2014 2:00 PM MOVER: James Mulvihill, Council Member, Ward 7 05:50:38 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Rikke Johnson 7D. Council Office American Planning Association 2014 Conference Consensus: Receive and file. 7E. Council Office Emergency Solutions Grant Award for Central City Lutheran Mission Public Comments: Pastor David Nagler, San Bernardino Motion: Direct the City Manager to prepare a substantial amendment to the City's 2014-2015 Action Plans to allocate 4 $ 6,345.00 of Emergency Solutions g Y Grant Funding to Central Y Cit Lutheran Mission. Mayor and Common Council of the City of San Bernardino Page 13 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 RESULT: ADOPTED 15 TO 11 03:33:35 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 i AYES: Marquez, Barrios, Shorett,Nickel, Mulvihill NAYS: John Valdivia i ABSENT: Rikke Johnson 7F. Council Office League of California Cities 2014 Annual Conference & Expo Reports by Council Members Barrios, Valdivia,Nickel, and Mulvihill Consensus: Receive and file. 8. Items Added After First Printing of Agenda 8A. City Manager Discussion of Public Education Efforts for Ballot Measures Q &R Motion: To Table. RESULT: TABLED 13 TO 31 06:05:11 MOVER: John Valdivia, Council Member, Ward 3 j SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Benito J. Barrios, John Valdivia, Henry Nickel I NAYS: Virginia Marquez, Fred Shorett, James Mulvihill { ABSENT: Rikke Johnson "NOTE Mayor Davis broke the tie with a "no" vote, and the motion failed. Council Member Valdivia stated he would abstain on this item because he believed the Mayor and Council would be breaking State law and could receive an FPPC violation for using public funds on a flyer. He left the Council Chamber and returned after the vote was taken. Chief Assistant City Attorney Grider advised that the flyer would be informational only and would not direct residents to vote"yes"or"no." Public Comments: Scott Olson, San Bernardino Motion: Hire a consultant to prepare a neutral, educational piece to be sent to voters regarding Ballot Measures Q &R. Mayor and Common Council of the City of San Bernardino Page 14 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 ,lk RESULT: FAILED [3 TO 21 06:18:01 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, James Mulvihill NAYS: Benito J. Barrios, Henry Nickel ABSTAIN: John Valdivia ABSENT: Rikke Johnson 9. Public Comments on Items Not on the Agenda Robert Porter, San Bernardino, read an excerpt from a book entitled, "The Serrano Indians of Southern California,"by Francis J. Johnston. Mike Harding, San Bernardino, stated that there are hangars and bays at the San Bernardino International Airport that are not being used to their full potential. John Hillman, San Bernardino, stated that he is opposed to licensing any medical marijuana facilities in the City. Bill Sandefur, San Bernardino, spoke in support of Measure Q. C� Betty Jean Long, San Bernardino, stated that her phone was stolen; and that she found a place to live. Sky Moreno, Highland, said he was in favor of medical marijuana regulation. Deanna Adams, San Bernardino, spoke in opposition to Measure Q. Jay Lindberg, San Bernardino, spoke about the war on drugs and marijuana prohibition. Scott Olson, San Bernardino, spoke in opposition to Measures Q &R. Shirley Harlan, San Bernardino, stated that homeless seniors feel like they are being harassed and need representation. James Penman, San Bernardino, spoke about Measure Q and Charter Section 186. Al Palazzo, San Bernardino, spoke about the passing of Carmen Nevarez on September 22, 2014, at the age of 88. A resident of San Bernardino for over 60 years, Carmen led an active life during which she worked with her husband Cruz E. Nevarez and Cesar Chavez in advocating for Hispanic rights in the San Bernardino and surrounding Inland Empire. Edward Childers, homeless vet, stated that homelessness cannot be attributed to alcohol, drugs or money problems. Richard Castro, San Bernardino, spoke about Measure Q and medical marijuana regulation. Barbara Babcock, San Bernardino, spoke in support of Measures Q &R. Mayor and Common Council of the City of San Bernardino Page 15 Printed 1011412014 Joint Regular Meeting Minutes October 6, 2014 10. Items to be Referred to Council Committees Council Member Mulvihill requested that a quarterly public bike ride event be referred to the Ways &Means Committee for discussion. 11. Adjournment The meeting adjourned at 11:24 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, October 20, 2014. GEORGEANN"GIGI" HANNA City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 16 Printed 1011412014