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Home My WebLink About03-02-2015 Jt. Reg Mtg Minutes City of San Bernardino Mayor R. Carey Davis " " �► 300 North D Street Council Members San Bernardino CA 92418 Virginia Marquez Benito Barrios ht ://www.sbct or � i Y• g John Valdivia Fred Shorett 4' t 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, MARCH 2, 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 2:01 p.m., Monday, March 2, 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. Barrios Council Member Ward'2 Present 2:09 p.m. John Valdivia Council Member, Ward 3 Late 5:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 p.m. Rikke Johnson Council Member Ward 6 ° Present 2:06 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 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 31912015 Joint Regular Meeting Minutes March 2, 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; Michella Roan v. City of San Bernardino, Jose Jesus Perez - San Bernardino Superior Court, Case No. CIVDS 1413046. 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. Forscom 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 abor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Closed Session Public Comment: David Reynolds, US Foreclosure Pro, Rancho Cucamonga, distributed a document addressed to Deputy City Attorney Jason M. Ewert, Mayor Carey Davis, and City Council Members, dated March 2, 2015, titled, "RE: Lifting Administrative Civil Penalty Lien to Allow Sale of House,"on property located at 475 W. 491h Street, San Bernardino. 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 City of San Bernardino employee Lorraine Velarde O'campo. Invocation/Pledge of Allegiance The invocation was given by Pastor David Medina from The Branch Church. The Pledge of Allegiance was led by Kaitlin Rodriguez, a sixth grade student from Bonnie Oehl Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 0 2. Closed Session Report City Attorney Saenz reported the following actions taken during closed session: In the matter of Michella Roan v. City of San Bernardino, the Council gave strategic direction to the City Attorney by vote of 6-0; In the matter of City v. Forscom, the Council gave settlement direction by vote of 6-0. 3. Appointments There were no commission appointments. 4. Presentations 4A. Chapter Updates on The Great Race -- Chapter 2 -- Parks, Recreation & Community Services Director Mickey Valdivia 4B. A Representative from Assemblymember Marc Steinorth's office presented a Certificate of Recognition to the San Bernardino City Council for Organizing the Community Engagement Plan Roadshow 4C. Bankruptcy/Strategic Planning Update-- Management Partners—No Report 4D. Chamber of Commerce Announcements 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 March 2, 2015. RESULT: ADOPTED [UNANIMOUS] 0:20:391 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5B. City Attorney RES. 2015-45 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Mayor to Execute a Professional Services Agreement with Cota Cole LLP for Legal Services. Public Comments: Jay Lindberg, San Bernardino ' Approximate time of motion and second according to meeting video posted to City website. Mayor and Common Council of the City of San Bernardino Page 3 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 0:25:22 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5C. City Manager RES. 2015-46 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Vendor Services Agreement Between Municipal Housing Solutions and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 0:20:39 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 1 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia C" ................ ............... .................I'll,.........................--,......................11.................-.............--..................................... .......... ........... 5D. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions (Revised 3/2/15), 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] 0:33:47 ! MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia i 5E. Community Development ORD. MC-1412 — Ordinance of the City of San Bernardino Approving Zoning Map Amendment 14-16 to Change the Zoning District from Residential Medium High (RMH) and Office Industrial Park (OIP) to Industrial Light (IL) on 19.65 Acres to Construct a 427,000-Square Foot Warehouse Facility on the East Side of Waterman Avenue, 1,000 Feet North of Mill Street. (FINAL READING) Council Member Johnson stated he would abstain on this matter because the subject property is near his place of employment. Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 4 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 RESULT: ADOPTED [5 TO 01 0:20:39 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Mulvihill ABSTAIN: Rikke Johnson ABSENT: John Valdivia 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] 0:20:39 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5G. 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] 0:35:24 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5H. Parks, Recreation & Community Services RES. 2015-47 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an Increase to Purchase Order No. 2015-0000-1258 by $26,000 to Service Scape for Landscape Maintenance Services to San Bernardino Soccer Complex for the Remainder of FY 14/15. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 5 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 RESULT: ADOPTED [UNANIMOUS] 0:20:39 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 51. Police RES. 2015-48 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Bode Technology Group, Inc., for DNA Analysis and Database Storage, and the Issuance of a Purchase Order to Bode Technology in the Amount of$150,000.00. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 0:37:46 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5J. Public Works RES. 2015-49 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. One to the Master Agreement with the City of Highland to Share the Maintenance and Operation Cost for Traffic Signals and Highway Lighting Facilities at Intersections Where at Least One Leg of the Intersection is in One Space or the Other's Jurisdiction. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 0:20:39 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5K. Public Works RES. 2015-50 — Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 655 Entitled, in Part, "A Resolution...Designating Certain Streets or Portions Thereof as through Highways and Establishing a One-Way Stop at the Intersection of Fremontia Drive and Valencia Avenue." Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 RESULT: ADOPTED [UNANIMOUS] 0:20:39 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. City Manager Discuss and Take Possible Action on Fireworks (Continued from January 20, 2015) Chris Lopez, City Manager's office, submitted into the record and distributed to the Mayor and Council a PowerPoint presentation entitled, "Fireworks: Item 6A - Continued from January 20, 2015 MCC Meeting." Thirty-three signed letters were submitted into the record by members of the Del Rosa United Methodist Church in support of the continued sale of fireworks by non-profit groups in the City of San Bernardino. Public Comments: Jon C. Hall, St. Paul AME Church, San Bernardino Bill Lemann, San Bernardino Scott Olson, San Bernardino June McKenzie, Del Rosa United Methodist Church, San Bernardino Deb McKenzie, Del Rosa United Methodist Church, San Bernardino Jay Lindberg, San Bernardino Jim Smith, Highland, member of the Native Sons of the Golden West Richard Elwell, San Bernardino Cassie Levy, San Bernardino Bob Fredericks, Member of the Tachikawa San Bernardino Sister City Committee, San Bernardino Garry Devlin, Rialto, member of the Native Sons of the Golden West Barbara Babcock, San Bernardino Robert Porter, San Bernardino Page Miller (Not present; however, her e-mailed statement was read into the record by City Clerk Hanna) Council Member Mulvihill made a motion to completely ban fireworks in the City of San Bernardino. Chief Assistant City Attorney Grider stated that if the Council wanted to ban fireworks, the motion should be to direct the City Attorney's office to draft an ordinance banning fireworks and bring it to the next meeting. Motion: Direct the City Attorney's office to draft an ordinance banning fireworks in the City of San Bernardino and bring it back to Council on March 16, 2015. Mayor and Common Council of the City of San Bernardino Page 7 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 ....................____.._...__.__... ..._.. ......_. ....... ..... __ ................... RESULT: FAILED [3 TO 41 2.13:05 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Rikke Johnson, James Mulvihill NAYS: Benito J. Barrios, John Valdivia,Fred Shorett, Henry Nickel 7. Public Comments on Items Not on the Agenda Jay Lindberg, San Bernardino, spoke about the benefits of selling medical marijuana in the City of San Bernardino. Robert Porter, San Bernardino, thanked Barbara Babcock and Mayor Davis for calling in to his radio show called, "I Love San Bernardino," on KCAA 1050 AM, from 4 to 5 p.m. every Sunday. Shirley Harlan, San Bernardino, announced that the 27th Annual 011ie McDonald Senior Talent Showcase would be held at the Sturges Center for the Fine Arts on April 18 and 19, 2015, at 1:30 p.m. Scott Olson, San Bernardino, shared his ideas for development on Fifth Street, across from In-N-Out Burger, and 401h Street and Waterman. Q E. Negrete, San Bernardino, stated that she has been attending the Community Roadshows the School District is advertising to help engage the residents of San Bernardino; however, she has not seen any information on the City's website. She stated that the School District has a link for residents to provide input on the San Bernardino Resident Survey; however, she would like to know that this input is coming from San Bernardino residents, not residents of neighboring cities. She suggested that the City make its website more user friendly and that it reach out to residents through the use of water bills. Richard Gomez, San Bernardino, stated that it costs $7,689.11 for a planning permit to open a business in the City of San Bernardino, which needs to be corrected. He said that the Metrolink bus system, which was supposed to improve the economy of the City, has, in fact, killed it. Al Palazzo, Rialto, spoke about his radio show on KCAA 1050 AM on Tuesdays at 4 p.m., where he shares his ideas on how to enhance the quality of life, bring economic development, and make San Bernardino a destination city. William Cioci, San Bernardino, recommended a City-backed grow of marijuana, with a set number of regulated access points, which could then be distributed by the non-profit organizations that rely on the money they make selling fireworks. Barbara Babcock, San Bernardino, stated that the Community Roadshows were fabulous. She said she attended all five of them because each night she met new citizens who love the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 8 Printed 31912015 Joint Regular Meeting Minutes March 2, 2015 PJ Seleska, San Bernardino, stated that fireworks is a political issue that the Council is trying to scuttle just as they are trying to scuttle other economic stimulus proposals that have been brought forward. She said that an economic stimulus committee, made up of residents of the City, should be organized to look outside the box and come up with different ideas on how to bring revenue to the City. 8. Items to be Referred to Council Committees Council Member Mulvihill requested that the panhandling issue be referred to the Legislative Review Committee. Council Member Valdivia requested that the noise ordinance be referred to the Legislative Review Committee. 9. Announcements — Elected Officials and City Manager 10. Adjournment The meeting adjourned at 7:18 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, March 16, 2015. AWI L) GEORGEANN "GIGI" HANNA City Clerk By 2!r�� Linda Sutherland Deputy City Clerk I Mayor and Common Council of the City of San Bernardino Page 9 Printed 31912015