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Home My WebLink About01-05-2015 Jt. Reg Mtg Mintues S A �1 City of San Bernardino Mayor R. Carey Davis Mr It 300 North "D" Street Council Members a San Bernardino, CA 92418 Virginia Marquez http://www.Sbcity.org Benito Barrios John Valdivia Fred t D ICS Henry Nickel l 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 1 AS THE HOUSING AUTHORITY MONDAY,JANUARY 5, 2015 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:05 p.m., Monday, January 5, 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 2:00 p.m. Benito J. Ward 2 Present Barrios, n Council Member, � ._n__. 2:00 p.m. John Valdivia Council Member, Ward 3 Absent ----------- 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 12:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 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 mn m 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 11712015 Joint Regular Meeting Minutes January 5, 2015 0 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; Greg Dineen dba Greg Dineen Construction v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1304805; 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. 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. Deutsche Bank National Trust City v. Jones 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 City Attorney Saenz reported the following actions taken during closed session: In the matter of Greg Dineen dba Greg Dineen Construction v. City of San Bernardino, the Council gave settlement negotiation direction by unanimous vote; Mayor and Common Council of the City of San Bernardino Page 2 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 In the matter of MJ Dispensary, Inc. v. City of San Bernardino, et al., the Council gave settlement negotiation direction by unanimous vote; In the matter of Green Haven Collective v. City of San Bernardino et al. the Council gave settlement negotiation direction by unanimous vote; In the matter of Real Kind Meds v. City of San Bernardino, et al., the Council gave settlement negotiation direction by unanimous vote; In the matter of City v. Deutsche Bank National Trust, the Council gave settlement negotiation direction by unanimous vote; In the matter of City v. Jones, the Council gave settlement negotiation direction by unanimous vote. 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 Pastor Eddie Jones of The San Bernardino Civil Rights Association. The Pledge of Allegiance was led by Council Member Henry Nickel. 2. Appointments See Section 9—New Business 3. Presentations 3A. Certificate of Recognition — Joseph Paulino — San Bernardino City Unified School District Police Chief—Council Member Marquez 3B. Certificate of Recognition — Project Fighting Chance — F.I.G.H.T.S. Boxing Program—"Terrible Terry"—Council Member Barrios 4. Announcements -- Chamber of Commerce & Elected Officials Dr. Dale Marsden, Superintendent, San Bernardino City Unified School District spoke about a program the School District has launched entitled "Hope Makers" and the swearing in ceremony at the San Bernardino Unified School District. A PowerPoint presentation entitled, "City of San Bernardino Recovery Plan and Plan of Adjustment, San Bernardino Mayor and Common Council dated January 5, 2015" was presented by Andy S. Belknap, Regional Vice President for Management Partners, Inc., and Bob Deis, Special Advisor. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 Mayor R. Carey Davis announced that the following changes will be taking place at the next meeting of January 20, 2015: 1. After the Mayor and Common Council has returned from closed session, The City Attorney will immediately report on closed session actions that were taken and then continue with the normal open session meeting; 2. The Public Comments on items on the Consent Calendar will be heard before the Consent Calendar, after Chamber announcements, and will be limited to a total of three minutes per person; 3. The Public Comments on Items Not on the Agenda will continue to be at the end of the meeting. 4. Announcements by the Common Council will be at the end of the meeting. The Chamber announcements will continue to be heard in the beginning of the meeting. 5. The Common Council will be the only ones pulling items from the Consent Calendar for discussion; 6. Public Hearings will continue to have public comments as we currently have. There will be no change to that. These changes will be printed on the next Council agenda in the order of the Mayor and Common Council meeting. 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 January 5, 2015. RESULT: ADOPTED [UNANIMOUS] 01:19:271 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill i ABSENT: John Valdivia ............_.._........ 5B. City Clerk RES. 2015-1 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposals for a Charter Expert to Advise the Charter Review Committee. ' Approximate time motion/second were made, according to meeting video posted to the City web site. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 Public Comments: Joe Ortiz, San Bernardino ® Jay Lindberg, San Bernardino Richard Castro, San Bernardino Roger Henderson, San Bernardino Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED 15 TO 11 01:33:07 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill NAYS: Henry Nickel ABSENT: John Valdivia 5C. 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] 01.19:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson,Mulvihill ABSENT: John Valdivia 11 1111.111 ............. 5D. 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] 01:19:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 5 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 5E. Library RES. 2015-2 - 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 #105-470-0064-5123, and Increase the Library's Budget by the Same Amount, for the Purchase of Books at the Paul Villasenor Branch Library. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:19:27 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5F. Parks, Recreation & Community Services RES. 2015-3 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Ratify the Execution of County Contract 13- 546 A-3 (Amendment No. 3) with the County of San Bernardino Department of Aging and Adult Services (DAAS), Accepting and Appropriating Additional Funds in the Amount of$105,404 for a Total Grant Award of$322,704 for the Period of July 1, 2014 through June 30, 2015 for the Senior Nutrition Program as Part of 3-Year Grant Allocation Contract with County Department of Aging and Adult Services, and to ® Authorize the Finance Director to Ratify the Issuance of Change Orders Effective February 1, 2015 to Annual Purchase Orders in an Amount Not to Exceed $133,110 in the Aggregate to Sysco Foods, Merit Day, and FS Dairy through FY 2014-2015. Public Comments: Shirley Harlan, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:10:20 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5G. Parks, Recreation & Community Services RES. 2015-4 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual ® Purchase Order in an Amount Not to Exceed $701,864 to NBI General Contractors, Inc. for the Design and Construction of Two (2) Basketball Courts and Various Other Park Improvements at Nunez Park Located at 1717 West Fifth Street. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 Public Comments: ® Anthony Mendoza, V2C Group, Inc., Riverside Danny Martinez, Sunrise Landscape Co., Inc., Santa Fe Springs Scott Olson, San Bernardino Motion: Adopt the Resolution; and include part of Fund#123. RESULT: ADOPTED [5 TO 11 02:41:54 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Shorett, Johnson, Mulvihill NAYS: Henry Nickel ABSENT: John Valdivia 5H. Public Works RES. 2015-5 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving Plan No. 13028 and Ordering the Summary Vacation of a Public Utility Easement (PUE) Within Tract No. 17699, Generally Located Northwesterly of Campus Parkway, in the City of San Bernardino. Motion: Adopt the Resolution. ....... ___ ...__ RESULT: ADOPTED [UNANIMOUS] 01:19:27 1 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 51. Successor Agency RES. 2015-6 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Purchasing Policy with Respect to Property Maintenance and Management Services and Approving Certain Related Actions. Public Comments: Joe Ortiz, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 RESULT: ADOPTED [UNANIMOUS] 04:06:14 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6. Staff Reports 6A. Community Development Code Enforcement &Police Transition Mark Persico, Community Development Director; Jodi Mansfield, Code Enforcement Division Manager; Chief Jarod Burguan; and Lt. Rich Lawhead spoke and gave a PowerPoint presentation and explanation of the Division of Responsibilities between the Code Enforcement Division and the Police Department's Community Policing Specialists. Public Comments: Joe Ortiz, San Bernardino Jay Lindberg, San Bernardino Consensus: Receive and file. 6B. Council Office Quarterly Public Bike Ride Event(Continued from of November 17, 2014.) Council Member Mulvihill spoke about having a Quarterly event beginning the first of April. Mark Persico, Community Development Director, stated that he spoke to Mickey Valdivia, Director of Parks, Recreation, and Community Services regarding his department's involvement with this event. Mr. Persico explained some of the ideas for the event as well. Public Comments: Joe Ortiz, San Bernardino Motion: Direct Parks, Recreation, and Community Services to come back in two weeks with a detailed plan, including costs and budget. 0 Mayor and Common Council of the City of San Bernardino Page 8 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 RESULT: ADOPTED [UNANIMOUS] 05:04:01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6C. Council Office THE "LAUNCH" INITIATIVE — Creating a Trajectory from Dependency to Prosperity by Michael J. Gallo A brief history of the Inland Empire Economic Partnership was given by Mr. Paul Granillo, President and CEO of Inland Empire Economic Partnership. Mr. Michael J. Gallo and Dr. John Husing gave a PowerPoint presentation entitled "The "Launch" Initiative", creating a Trajectory from Dependency to Prosperity, dated October 23, 2014. Public Comments: Joe Ortiz, San Bernardino Shirley Harlan, San Bernardino Jay Lindberg, San Bernardino Al Palazzo, Rialto Jim Smith, Highland Motion: Direct the City Manager's Office to schedule a strategic planning workshop on The "Launch" Initiative - Creating a Trajectory from Dependency to Prosperity with representatives of the San Bernardino City Unified School District and representatives of San Bernardino County. RESULT: ADOPTED [UNANIMOUS] 03:46:01 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 7. Public Comments on Items Not on the Agenda Paul Sanborn, San Bernardino, gave a copy of the book entitled "The Resilience Dividend" to the Mayor and suggested the City Council read it as well. He also spoke about the City Council spending too much time on issues that need to be worked out before the meeting. He warned that the council needs to be full-time and named a number of fire positions that will be vacated in the coming months because people are leaving the Department. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 Roger Henderson, San Bernardino, stated that the City should have a full time City Council then a lot could be done. He thanked the City Manager on the presentation regarding the bankruptcy. He also suggested that the City and newspaper inform and explain to the public the City's codes. Robert Porter, San Bernardino, spoke about his book on local native art. He said he has found more information out there about the local tribes in this area that mention the San Bernardino Mountains in their literature and traditions. Shirley Harlan, San Bernardino, said that there is a great need for events in the City. She also said that there is a lack of unity as to what the City needs to look like and commitment to accomplishing it together. She stated what was missing is lack of integration and asked that they bring the stakeholders of the City together to help define themselves and begin to integrate into the City's vision. Scott Olson, San Bernardino, stated he is the only person in his family who has stayed in San Bernardino. He said he warned people to put their petty differences aside and work together when the City first declared bankruptcy. He asked rhetorically if this was not the right time to work on an agenda and decried the time it has taken San Bernardino to work through bankruptcy. Jay Lindberg, San Bernardino, spoke about NAFTA, the failed drug war, issues with the police department, and passed out a letter to the City Council about Vickie Whitten. He said the City Council should not be afraid to end the drug war. Al Palazzo, Rialto, thanked Council Member Mulvihill for mentioning the California Theatre. He stated that a gentleman approached him at the Christmas concert and suggested getting a bus to have people take his tour. He said that he was still going to church every week and praying that the Mayor would someday take his tour. Margaret Hill, Highland, spoke about the marijuana dispensaries and wanted to remind the Mayor and City Council that sometimes the rats win the race. She asked that the City Council consider giving praises from time to time and stated that we were going to have a good year. Barbara Babcock, San Bernardino, spoke about the National Contest by Streets Blog. She said it was a very large organization of urban planners and people that like to do things. She said that our City was entered into the contest this year by Norman Marvin of Loma Linda. There were over one hundred submissions and San Bernardino was in the top five. She said that the people of San Bernardino rallied together and San Bernardino won as the best urban street transformation in America. Joe Ortiz, San Bernardino, spoke about cop hater types and hundreds more are what are (40 driving the protests around the country. He also stated that our hometown heroes, whether military or police are badmouthed, targeted, and verbally abused in these very Council Chambers. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11712015 Joint Regular Meeting Minutes January 5, 2015 8. Items to be Referred to Council Committees None 9. New Business 9A. Mayor's Office Appointment of Juan Figueroa to the Historical Preservation Commission — Council Member John Valdivia Motion: The matter arose subsequent to the posting of the agenda and there is a need to take immediate action. RESULT: ADOPTED [UNANIMOUS] 00:03:50 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia Motion: Approve the appointment of Juan Figueroa to the Historical Preservation Commission as requested by Council Member John Valdivia. RESULT: ADOPTED [UNANIMOUS] 00:04:38 MOVER: Rikke Johnson, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 10. Adjournment 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., Tuesday, January 20, 2015, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. GEORGEANN "GIGI" HANNA /City Clerk By Valerie R. Montoya Deputy City Clerk 0 Mayor and Common Council of the City of San Bernardino Page 11 Printed 11712015