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Home My WebLink About01-20-2015 Jt. Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members '�•� Virginia Marquez # a San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett G 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 TUESDAY,JANUARY 20, 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 2:03 p.m., Tuesday, January 20, 2015, in the Council Chamber, 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 2:10 p.m. John Valdivia Council Member,Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward w Present 2:00 p.m. R kke Johnson Council Member, Ward 6� Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 3:45 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 Page 1 Printed 2/10/2015 Joint Regular Meeting Minutes January 20, 2015 1. Closed Session — Pursuant to Government Code Sections(S): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk- 28006 MJ. 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). D. Closed Session - personnel - pursuant to Government Code Section 54957. Fire Chief 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. 2. Closed Session Report City Attorney Saenz announced that during closed session the Council voted 6-0 to add the following to Item C of the agenda: City v. Cal Fire The Council voted 5-1 to approve action in the above matter. 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 Chaplain Ray Miller of the San Bernardino Police Department Chaplain Corps. The Pledge of Allegiance was led by Janae Williams, a fifth grade student at North Park Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 3. Appointments 3A. Mayor's Office Appointment of Olena Ohiy to the Fine Arts Commission - Council Member Benito Barrios Motion: Approve the appointment of Olena Ohiy to the Fine Arts Commission as requested by Council Member Benito Barrios. RESULT: ADOPTED [UNANIMOUS] 00:03:47' MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 4. Presentations 4A. Bankruptcy/Strategic Planning Update-- Management Partners Mayor Davis together with Dr. Dale Marsden, Superintendent, San Bernardino City Unified School District gave a PowerPoint presentation entitled, "San Bernardino 2020 Making Hope Happen Community Engagement and Strategic Planning Process". 4B. Student of the Month -- Saintra Thai, Arroyo Valley High School -- Council Member Rikke Johnson 4C. Citizen of the Month -- Dolores Armstead-- Council Member Rikke Johnson 4D. Downtown Farmshare Market-- Parks, Recreation & Community Services 4E. Resolution Proclaiming Anti-Slavery and Human Trafficking Month in San Bernardino -- Mayor Davis 4F. Announcement from Chamber of Commerce 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 20, 2015. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill C) Approximate time of motion/second according to timestamp on meeting video on City website. Mayor and Common Council of the City of San Bernardino Page 3 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 513. City Clerk Council Minutes - December 1, 2014; December 10, 2014; and December 15, 2014 Motion: Approve the Minutes of the Mayor and Common Council Meetings of December 1, 2014; December 10, 2014; and December 15, 2014. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 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] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5D. Community Development RES. 2015-7 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Contractor Services Agreements with Allstate Services and Enviro-Test DBA Scott Morrison & Associates for Asbestos and Lead Testing; and with Woody's Demolition, Dakeno, Inc., and Environmental Klean-Up for On-Call Demolition Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill Mayor and Common Council of the City of San Bernardino Page 4 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 5E. 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] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill .... __ __..__ ....---... ........_. .......... 5F. Human Resources Personnel Actions -Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Human Resources Division Manager, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 j AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson,Mulvihill _. ... 5G. Information Technolo2 RES. 2015-8 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order to Time Warner Cable for Direct Internet Service. Motion: Adopt the Resolution. ........ ......... ........ RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill ... ..... ....... .... ......... ....._... _....................... .._............ ._._ C Mayor and Common Council of the City of San Bernardino Page 5 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 5H. Police RES. 2015-9 - Resolution of the City of San Bernardino Authorizing the Purchase of an OTS Grant Funded "Total Station" for the San Bernardino Police Department's Traffic Bureau. Motion: Adopt the Resolution. .._ --- _- ............ __... . _ ............. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5I. Police RES. 2015-10 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the Amount of No More Than $702,608.00 and Authorizing the Police Department to Accept and Administer the Grant. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:59:25 i MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5J. Public Works RES. 2015-11 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Execution of Amendment No. Two to the Vendor Service Agreement with Rehrig Pacific Company for a One (1) Year Extension through June 30, 2015 (FY 2014/15) to Purchase Additional Automated Carts for Residential Refuse Service. Chris Alanis, Integrated Waste Division Manager reported that each year 5% of bins needed to be replaced due to sun damage, broken axels, and broken lids. Mr. Alanis indicated that there were approximately 1,000 carts in the process of being repaired at this time. He also stated that the purchase of 5,000 carts would take care of the back orders and 800 more through the end of the fiscal year. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:11:26 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 112212015 a Joint Regular Meeting Minutes January 20, 2015 5K. Public Works RES. 2015-12 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Quitclaim Deed to San Bernardino Community College District for that Certain Easement Granted to the City for a Water Pipeline Located at 701 Mt. Vernon Avenue. Motion: Adopt the Resolution. . _ _................................ RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 t SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5L. Public Works RES. 2015-13 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of Quitclaim Deeds to George Carson LLC, HW Southgate Bldg 2, LLC, and HW Southgate Bldg 3, LLC, for an Existing Waterline Easement, located on Private Property North of Central Avenue, East of Tippecanoe Avenue. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 ISECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill 5M. Successor Agency RES. 2015-14 - Resolution of the Mayor and Common Council of the City of San Bernardino and 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 the First Amendment to Agreement for Security Services for Theater Square and Approving Certain Related Actions. Public Comments: Jay Lindberg, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:59:25 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill !. C Mayor and Common Council of the City of San Bernardino Page 7 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 6. Public Hearings 6A. City Manager Public Hearing on Preparation and Planning for the City's 2015-2020 Consolidated Plan The hearing remained open. Brandon Mims, Project Manager/Assistant of the City Manager, stated that this was the last of three workshops to discuss the 2015-2020 Consolidated Plan. He indicated that there would be a meeting on January 31, 2015 at 10:00 in the EDA Boardroom to discuss priorities and needs for the 2015-2010 Consolidated Planning period. Mr. Mims presented a PowerPoint slideshow of the brief overview of the efforts that they have been making. 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: Hans Vandertouw, San Bernardino (City Clerk, Gigi Hanna read and submitted into the record on behalf of Mr. Vandertouw the Rebuttal Against the 2015-2020 San Bernardino Consolidated Plan.) Scott Olson, San Bernardino Al Palazzo, San Bernardino Motion: Close the hearing; and receive and file the report. RESULT: ADOPTED [UNANIMOUS] 02:37:28 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 611. Community Development Ordinance of the City of San Bernardino Adopting Development Code Amendment 14- 19, Amending Development Code Sections 19.62.020 (7) and 19.62.030 (2), Relating to Termination of Non-Conforming Structures and Uses. (FIRST READING) Mayor Davis opened the hearing. Mark Persico, Director of Community Development provided a brief report regarding Development Code amendment 14-19. Mr. Persico stated that he was proposing that the City Council go back to the policy which existed in May of 2012 regarding Non- Conforming Structures and Uses, relating to termination of non-conforming status from 12 months to 36 months. Mr. Persico stated that he believed that this amendment would be in the best interest of the City. Public Comments: Jay Lindberg, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 Motion: Close the hearing; and lay over Ordinance for final adoption. 0 RESULT: ADOPTED [UNANIMOUS] 02.46:27 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 7. Staff Reports 7A. City Manager RES. 2015-15 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Proceed with the Commercial Rehabilitation Program by Allocating $74,060 to Jovi's Diner for Exterior Facade and Various Improvements. Brandon Mims, Project Manager/Assistant of the City Manager gave a PowerPoint presentation entitled, "Goals of Commercial Rehabilitation Program." He stated that staff had been working to complete a commercial building rehabilitation during this active plan year. He stated that the idea here was to improve the City's commercial corridors and also eliminate blight. 0 Bill Manis, City Manager's office, gave a status update on the Carousel Mall project. He indicated that he would be bringing a staff recommendation to the Mayor and Common Council. Motion: Adopt the Resolution. RESULT: ADOPTED [5 TO 21 01:43:00 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios,Nickel, Johnson, Mulvihill NAYS: John Valdivia, Fred Shorett 7B. City Manager Discuss and Take Possible Action on Fireworks Public Comments: Bob Fredericks, Member of the Tachikawa San Bernardino Sister City Committee, San Bernardino Sandra Owen Olivas, San Bernardino Richard Elwell, San Bernardino Scott Olson, San Bernardino Deanna Adams, San Bernardino Jay Lindberg, San Bernardino Mayor and Common Council of the City of San Bernardino Page 9 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 June McKenzie, San Bernardino Deb McKenzie, San Bernardino ® Fred Esber, San Bernardino Jim Smith, Highland Garry Devlin, Rialto Eric Cisneros, San Bernardino Jarrod Burguan, Chief of Police, spoke about the policing on the 4th of July and stated that it was one of the busiest days of the year that the Police Department deals with. He stated that the calls for service go through the roof in the days leading up to the 4th of July. Tony Frossard, Director of Public Works, stated that his department does not make plans for clean-up on the 4th of July and that it makes the City look bad for some time. He indicated that his department does the regular street sweeping which is done every two weeks. He also stated that there are a lot of environmental issues that come up and the debris can end up in a storm drain. Tom Hannemann, Interim Fire Chief, stated that he wanted to reiterate what Chief Burguan said regarding calls for service. He stated that from a calls-for-service standpoint there wasn't a progressive Fire Department around that would allow safe and sane fireworks, let alone illegal fireworks. He stated that the Fire Department is in favor of banning fireworks for use in the City. Chris Lopez, Management Analyst II, City Manager's office, gave a PowerPoint ® presentation entitled, "Fireworks: Item 7B." He stated that all the figures discussed in the PowerPoint were previously discussed at the Legislative Review Committee. Council Member Mulvihill made a motion, seconded by Council Member Shorett, to direct the City Attorney to draft an Ordinance banning fireworks within City limits. No vote was taken. Council Member Valdivia made a substitute motion, seconded by Council Member Nickel, that the Council discuss this with all of the topics for discussion, research, and Analysis, and continue the matter to February 16, 2015. No vote was taken. Amended Substitute Motion: Continue to March 2, 2015 after staff has provided Council with answers to questions raised at the meeting. RESULT: CONTINUED [4 TO 31 04:35:53 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Henry Nickel NAYS: Fred Shorett, Rikke Johnson, James Mulvihill Mayor and Common Council of the City of San Bernardino Page 10 Printed 112212015 E Joint Regular Meeting Minutes January 20, 2015 s 7C. Council Office j • RES. 2015-16 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue a Purchase Order to Out of the Box Printing/R8I in the Amount of$4,500.00 for Military Banners. i Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 04:40:44 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Johnson, Mulvihill 8. Public Comments on Items Not on the Agenda Ashley Jones, Assemblywoman Brown's office, announced upcoming events sponsored by the Assemblywoman's office. Deanna Adams, San Bernardino, spoke about the Fire Chief selection. She hoped that our new Fire Chief would be selected from our own Fire Department. Ms. Adams thanked Mayor Davis for mitigating the red light district. Ms. Adams also spoke about the Consent Calendar rules. She stated that items could not be wrapped up and delivered in three minutes. Ms. Adams stated that the public must know all the facts before the vote and a lot of facts are not disclosed but hidden or swept under the rug. She stated that every Consent Calendar item has an impact that can alter the quality of life. Robert Porter, San Bernardino, spoke about the history of Native Americans and why they looked at our hills. Mr. Porter read from a book entitled, "Temalpakh: Cahuilla Indian Knowledge and Uses of Plants". Al Palazzo, Rialto, stated that he has a detailed elaborate plan for the Carousel Mall property and wishes to discuss it with at least one person on the dais, including Mr. Parker and Mr. Manis. Scott Olson, San Bernardino, spoke about the new agenda and public speaking rules and how they are designed to confuse and frustrate people. He also spoke about CDBG funding and how the City is giving away money for free but getting resistance from business owners. Jay Lindberg, San Bernardino, spoke about bankruptcy and liquidating a lot of assets to pay off a lot of debts. He stated that the City was going to be in the same boat. He didn't know whether or not the Mayor and Common Council were going to make those decisions behind closed doors and selling these assets behind closed doors. He would like these sales to be made public. Mr. Lindberg also spoke on the war on drugs and fireworks. • Mayor and Common Council of the City of San Bernardino Page 11 Printed 112212015 Joint Regular Meeting Minutes January 20, 2015 9. Items to be Referred to Council Committees Council Member Johnson stated that he would like to see No Parking signs at the Theatre and recommended that this be referred to the Legislative Review Committee for an Ordinance. 10. Announcements -- Elected Officials and City Manager 11. Adjournment The meeting adjourned at 9:35 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, February 2, 2015, GEORGEANN "GIGI" HANNA City Clerk -- By 7 _ Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 1/22/2015