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Home My WebLink About12-01-2014 Jt. Reg Mtg Minutes •' 1 Mayor R. Carey Davis City of San Bernardino ' 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia 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, DECEMBER 1, 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 2:08 p.m., Monday, December 1, 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 2:42 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member,Ward 5 Present 2:28 p.m. Rikke Johnson Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:09 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 2:00 p.m. -. _ Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Pagel Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 1. Closed Session — Pursuant to Government Code Sections(s): 0 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; Samir Riad v. City Council for the City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 105220; MJ Dispensary, Inc. v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1415372; Green Haven Collective v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1415620; Real Kind Meds v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1415619; San Bernardino County Transportation Commission v. San Bernardino Economic Development Corporation, et al. - San Bernardino Superior Court, Case No. CIVDS 1302927. 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. Green City v. Sanchez City v. Adams City v. Oquendo City v. Boxer Finance, LLC City v. Huerta City v. Guild 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: PMA Negotiations G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 Closed Session Announcement City Attorney Saenz reported that the following actions were taken during closed session: In the matter of Samir Riad v. City Council for the City of San Bernardino, the Council gave settlement direction by a vote of 5-0, with one abstention; In the matter of San Bernardino County Transportation Commission v. San Bernardino Economic Development Corporation, settlement direction was given by a vote of 5-0; In the following matters, settlement direction was given as follows: City v. Green,by a vote of 6-0; City v. Sanchez, by a vote of 6-0; City v. Adams, by a vote of 6-0, with one abstention; City v. Oquendo, by a vote of 6-1; City v. Boxer Finance, LLC,by a vote of 7-0; City v. Huerta, by a vote of 7-0; City v. Guild, by a vote of 7-0. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. .�" Invocation/Pledge of Allegiance The invocation was given by Bishop Larry Jones from Crossover Outreach. The Pledge of Allegiance was led by Maria Rodriguez, a sixth grade student at Muscoy Elementary School. 2. Appointments 2A. Mayor's Office Appointment of Sandra Owen-Olivas to the Board of Building Commissioners - Mayor R. Carey Davis Motion: Approve the appointment of Sandra Owen-Olivas to the Board of Building Commissioners as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:03:13' MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill ' Approximate time of motion/second according to video of meeting posted on city web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 2B. Mayor's Office Appointment of Jesus Medina to the Board of Building Commissioners - Mayor R. Carey Davis Motion: Approve the appointment of Jesus Medina to the Board of Building Commissioners as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:03:13 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 2C. Mayor's Office Appointment of Scott Wyatt as an Alternate Member to the Planning Commission - Mayor R. Carey Davis Motion: Approve the appointment of Scott Wyatt as an alternate member to the Planning Commission as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:03:13 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 3. Presentations 3A. Traffic Safety Award -- San Bernardino Police Department -- CHP Deputy Commissioner Ramona Prieto 3B. Certificate of Recognition — Water Department Employee Ryan Neilsen — Mayor Davis 4. Announcements -- Chamber of Commerce & Elected Officials 5. Consent Calendar 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Public Comments: Jay Lindberg, San Bernardino Motion: Waive full reading of resolutions and ordinances on the agenda dated December 1, 2014. Mayor and Common Council of the City of San Bernardino Page 4 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 ........ t RESULT: ADOPTED [UNANIMOUS] 00:47:20 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5B. City Clerk Council Minutes - October 6, 2014; October 20, 2014 and October 27, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of October 6, 2014; October 20, 2014; and October 27, 2014. 3 RESULT: ADOPTED [6 TO 0] 00:42:54 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Mulvihill ABSTAIN: Rikke Johnson ... 5C. City Clerk Mayor and Common Council Regular Meeting Dates for 2015 Motion: Approve the following dates for regular meetings of the Mayor and Common Council for the year 2015: January 5 and 20 (Tuesday due to holiday); February 2 and 17 (Tuesday due to holiday); March 2 and 16; April 6 and 20; May 4 and 18; June 1 and 15; July 6 and 20; August 3 and 17; September 8 (Tuesday due to holiday) and 21; October 5 and 19; November 2 and 16; December 7 and 21. RESULT: ADOPTED [UNANIMOUS] 00:48:04 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5D. City Manaeer RES. 2014-404 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2014-2015 HOME Investment Partnership (HOME) Program Budget (Fund 117) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. Motion: Adopt the Resolution. ._.................__ .................. RESULT: ADOPTED [UNANIMOUS] 00:42:54 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 5E, 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] 00:42:54 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill j 5F. Finance Approval of Checks Warrants and Payroll Checks Public Comments: Jay Lindberg, San Bernardino Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. .W... _.W. . . _. __.......... ......... __......... RESULT: ADOPTED [UNANIMOUS] 00:42:54 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5G. Human Resources RES. 2014-405 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Fire Department Ranges P-4 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) Effective August 1, 2014. Public Comments: Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. ........................... RESULT: ADOPTED [4 TO 3] 01:13:14 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Rikke Johnson NAYS: Virginia Marquez, Fred Shorett, James Mulvihill Mayor and Common Council of the City of San Bernardino Page 6 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 5H, Human Resources RES. 2014-406 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee Effective August 1, 2014. Public Comments: Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 3] 01.13:14 I MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 1 AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Rikke Johnson NAYS: Virginia Marquez, Fred Shorett, James Mulvihill j5I. Human Resources RES. 2014-407 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief of Police) and P-7 (Chief of Police) Effective August 1, 2014. Public Comments: Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. ......... _._.__ _ ........ _.._...... ...... .. RESULT: ADOPTED [4 TO 3] 01:13:14 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Rikke Johnson NAYS: Virginia Marquez,Fred Shorett, James Mulvihill 5J. Parks, Recreation & Community Services RES. 2014-408 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Agreement with Inland Empire Landscape, Inc. and Increasing Purchase Order No. 2015-00000724 by $50,000 to $381,836 for Parks Maintenance and Irrigation Repairs at the City's North Park Sites. Public Comments: • Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Mayor and Common Council of the City of San Bernardino Page 7 Printed 121212014 I Joint Regular Meeting Minutes December 1, 2014 Motion: Adopt the Resolution. ---- - — _ ...... RESULT: ADOPTED [UNANIMOUS] 01:23:24 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5K. Parks, Recreation & Community Services RES. 2014-409 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number One to the Agreement with RP Landscaping, Inc. and Increasing Purchase Order No. 2015-00000172 by $57,569 to $627,513 for Parks Maintenance, Cemetery Maintenance, and Irrigation Repairs at the City's Central and South Park Sites. Public Comments: Betty Jean Long, San Bernardino Scott Olson, San Bernardino Motion: Adopt the Resolution. i RESULT: ADOPTED [UNANIMOUS] 01:23:24 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 5L. Police RES. 2014-410 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a Five Camera Expansion for the Downtown Camera Protection Zone System. Public Comments: Betty Jean Long, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:34:26 MOVER: John Valdivia, Council Member, Ward 3 I SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 8 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 5M. Public Works ORD. MC-1410 — Ordinance of the City of San Bernardino Amending Section 10.24.190, Subsection B of the Municipal Code to Prohibit Vehicles Exceeding a Maximum Gross Weight Limit of Ten Thousand Pounds Upon the Following Road Segments: Belleview Street Between "K" Street and "I" Street; Congress Street Between "K" Street and "I" Street; "J" Street Between Rialto Avenue and the End of"J" Street Approximately One Thousand Feet South of Congress Street; and "I" Street Between Congress Street and the End of"I" Street Approximately Three Hundred Feet North of Belleview Street. (FINAL READING) Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Ordinance. ................. _ _ _. _............................................ . RESULT: ADOPTED [UNANIMOUS] 02:00:39 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson,Mulvihill 5N. Public Works RES. 2014-411 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to Cajon Creek, LLC and the Execution of a Quitclaim Deed to IIT Cajon DC LP, for an Existing Easement for Landscaping Purposes, generally located Southwesterly of Cajon Boulevard, and Northwesterly of Shelter Way. Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Resolution. _...... .........................._......... ......... ....._........... ......................... ......... ._... ..._ RESULT: ADOPTED [UNANIMOUS] 02:05:54 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 50. Public Works RES. 2014-412 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Sierra Pacific Electrical Contracting for the Replacement of Existing HPS Street Light Fixtures with LED Fixtures at Various Locations in the City of San Bernardino, Per Plan No. 13019 (SS 15-013). Public Comments: Betty Jean Long, San Bernardino Scott Olson, San Bernardino Jay Lindberg, San Bernardino Mayor and Common Council of the City of San Bernardino Page 9 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02.08:23 1 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Staff Reports 6A. Human Resources RES. 2014-413 — Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. Public Comments: Betty Jean Long, San Bernardino Stephen Rogers, Redlands Motion: Adopt the Resolution. ............... - RESULT: ADOPTED [UNANIMOUS] 03:19:38 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6B. Mayor's Office Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and MICA-PR, Inc. for the Mayor's Chief of Staff Services. Public Comments: Betty Jean Long, San Bernardino Scott Olson, San Bernardino Stephen Rogers, Redlands Jim Smith, Highland Barbara Babcock, San Bernardino Motion: Continue to December 15, 2014. RESULT: FAILED [2 TO 51 04:05:05 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Rikke Johnson NAYS: Barrios, Valdivia, Shorett, Nickel, Mulvihill _ ...... ....... Mayor and Common Council of the City of San Bernardino Page 10 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 Motion: Adopt the Resolution. RESULT: FAILED [2 TO 5] 04:22:22 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Virginia Marquez, Rikke Johnson NAYS: Barrios, Valdivia, Shorett,Nickel, Mulvihill 7. Public Comments on Items Not on the Agenda Paul Sanborn, San Bernardino, spoke about the firemen and the amount of money they spend on food while on duty. He also spoke about the use of fire equipment and the closure of the fire station at Mill and Arrowhead. Betty Jean Long, San Bernardino, spoke about personal issues. Al Palazzo, Rialto, expressed his desire to post his vision for San Bernardino onto web sites, including the City's web site. He said he would give the City a week to respond. Scott Olson, San Bernardino, said that items should not be moved around once they are on the agenda. He asked what the current Council was going to do for the City, and said that the City has problems because of what elected officials have not done, like apply for C) the right grants. Robert Porter, San Bernardino, said he believes the Council gives Al Palazzo lip service, or little attention, to his vision for San Bernardino. He said the Council needs to come up with some ideas for bringing in revenue. Jay Lindberg, San Bernardino, spoke about the City's bankruptcy, NAFTA, the war on drugs and corporate power. Juan Figueroa, San Bernardino, spoke about the Neighborhood Association Council of San Bernardino. He said more people need to be involved and encouraged people to go to Facebook and search for the group to get more information. 8. Items to be Referred to Council Committees Council Member Valdivia requested that Resolution No. 2010-252, "Resolution of the Mayor and Common Council Adopting Operational Guidelines which include a Code of Conduct for the Mayor and Common Council, Agenda Guidelines and Council Committee Guidelines," be referred to the Legislative Review Committee for further review and discussion of who has permission to place items on the agenda after posting. Mayor and Common Council of the City of San Bernardino Page 11 Printed 121212014 Joint Regular Meeting Minutes December 1, 2014 9. Adjournment The meeting adjourned at 8:32 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,December 15,2014. GEORGEANN "GIGI" HANNA City Clerk 4��By Linda Sutherland Deputy City Clerk 0 Mayor and Common Council of the City of San Bernardino Page 12 Printed 121212014