HomeMy WebLinkAbout05-02-2016 Jt. Reg Mtg MinutesCity of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
http://www.sbcity.org
MINUTES
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
James L. Mulvihill
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, MAY 2, 2016
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., Monday, May 2, 2016, in the Council
Chamber of City Hall, 300 North "D" Street (Lobby), 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
2:10 p.m.
Fred Shorett
Council Member, Ward 4
Present
2:00 p.m.
Henry Nickel
Council Member, Ward 5
Present
2:10 p.m.
Bessine L. Richard
Council Member, Ward 6
Present
2:00 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.
Gary D. Saenz
City Attorney
Present
2:00 p.m.
Mark Scott
City Manager
Present
2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 Printed 5/10/2016
Joint Regular Meeting Minutes May 2, 2016
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;
Clinton Seevers v. City of San Bernardino - WCAB Case Nos. AD39803195 &
ADJ9803379;
Robert Guenther v. City of San Bernardino - WCAB Case No. ADJ9209208;
Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 1114110;
City of San Bernardino v. San Bernardino Valley Municipal Water District -
San Bernardino Superior Court, Case No. CIVDS 1605532.
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. Davis City v. SBTRS, LLC
City v. Cortez
D. Closed Session - personnel - pursuant to Government Code Section 54957(b).
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(a).
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.
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 Major Daniel Henderson of The Salvation Army. The Pledge of
Allegiance was led by Arianna Marquez, a 6`h grade student at Arrowhead Elementary School.
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2. Closed Session Report
0 City Attorney Saenz reported the following actions:
Under Agenda Item No. 1 A, existing litigation:
In the matter of Clinton Seevers v. City of San Bernardino, the Council gave
settlement directive by vote of 7-0;
In the matter of Robert Guenther v. City of San Bernardino, the Council gave
settlement directive by vote of 7-0.
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City v. Davis, the Council gave settlement directive by vote of 7-0;
In the matter of City v. Cortez, the Council gave settlement directive by vote of 7-0;
In the matter of City v. SBTRS, LLC, the Council gave settlement directive by vote of
7-0.
3. Appointments
There were no commission appointments.
4. Presentations
4A. Certificates of Recognition - San Bernardino High School — Jamie Rios and Mr.
Cardinal Court: Julio Romero, Mr. Cardinal; Jason Munguia, First Runner Up;
and Tony Olivarez, Second Runner Up -- Council Member Barrios
4B. A Proclamation Designating May 2016 as Building Safety Month — Presented to
Todd F. Morris, Chief Building Official & Safety/Division Manager — Mayor R.
Carey Davis
4C. City of San Bernardino Art Night — May 19, 2016 — Community Development
Director Mark Persico
4D. Bankruptcy/Strategic Planning Update -- Management Partners
City Attorney Saenz announced that a court hearing was held on April 27, 2016, in Judge
Jury's bankruptcy courtroom regarding the adequacy of the Second Amended Disclosure
Statement. He stated that Judge Jury agreed with the City that there were a few
remaining issues to be resolved. Mr. Saenz stated that staff would attempt to resolve
those remaining issues and would file the Third Amended Disclosure Statement, which
was expected to be the Final Disclosure Statement, on or before May 27, 2016.
City Attorney Saenz stated that June 3, 2016 was the deadline for objections to the Third
Amended Disclosure Statement and that June 10, 2016 was the City's reply date. The
next court hearing regarding the adequacy of the Third Amended Disclosure Statement
would take place in Judge Jury's courtroom on June 16, 2016, at 1:30 p.m. Mr. Saenz
stated that Judge Jury had indicated that at that hearing she would set a first confirmation
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Joint Regular Meeting Minutes May 2, 2016
hearing date approximately 90 days following the June 16th hearing, or mid to late
September for the first confirmation hearing, which would put the confirmation effective
date sometime near the end of the calendar year.
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4E. Chamber of Commerce & Local Elected Officials Announcements
Roger Henderson announced upcoming Chamber events and activities.
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 May
2, 2016.
RESULT: ADOPTED [UNANIMOUS] 00:32:24'
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
513. City Attorney
RES. 2016-83 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Settlement Agreement Between the City of
San Bernardino and the Public Agency Retirement System ("PARS") Participants.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, 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] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Approximate time the motion/second were made, according to timestamp on video on city website.
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5D. Council Office
Fact Finding Tour Ad Hoc Committee
Council Member Valdivia stated that this issue had been discussed at the Legislative
Review Committee and the creation of an ad hoc committee had been suggested by
Deputy City Attorney Steven Graham.
Deputy City Attorney Graham explained that the Brown Act allowed for this kind of fact
finding tour through the creation of an ad hoc committee. He stated that an ad hoc
committee was not a legislative body subject to the notice requirements of the Brown Act
or to the requirement that it meet within the boundaries of the City.
Council Member Valdivia stated that the plan was that the committee would tour
northerly cities and would tour local southerly cities on the weekend or after hours.
Mayor Davis stated that there were other more effective, less expensive ways to acquire
information.
Public Comments:
Scott Olson, San Bernardino
Motion: Create the Fact Finding Tour Ad Hoc Committee and appoint Council
Members Valdivia, Nickel and Barrios to the committee
RESULT: FAILED [4 TO 3]** 00:55:37
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito J. Barrios, Council Member, Ward 2
AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard
NAYS: Virginia Marquez, Fred Shorett, James Mulvihill
**NOTE: Mayor Davis vetoed the motion.
5E. Finance
Approval of Commercial Checks and Payroll Checks
Motion: Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5F. Human Resources
RES. 2016-84 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a First Amendment to Professional Services
Agreement Between Alliant Insurance Services, Inc. and the City of San Bernardino for
Employee Benefits Consultant Services.
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Motion: Adopt the Resolution.
` RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5G, Parks, Recreation & Community Services
RES. 2016-85 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute an Agreement with the Friends of
Reagan Park for the Provision of Support Services for the Certified Farmers' Market at
Littlefield & Shultis Park and Ratify Any Action Taken Between April 1, 2016 and the
Date that this Resolution is Adopted.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:56:57
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
SH. Parks, Recreation & Community Services
10 RES. 2016-86 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Execution of County Contract 13-546 A-4 (Amendment 12-21-
15) with the County of San Bernardino Department of Aging and Adult Services
(DAAS), Accepting and Appropriating Additional Funds in the Amount of $26,010 for
the Period of July 1, 2015 through June 30, 2016 for the Senior Nutrition Program, and
Authorizing the Expenditure of the Additional Funds through Change Orders to Annual
Purchase Orders to Sysco Foods, Merit Day, and Smith Distribution through FY 2015-16.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5I. Police
RES. 2016-87 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation of $136,504 in JAG Grant Funds into the
FY2015/2016 Budget and Issuance of a Purchase Order to Fairview Ford in an Amount
Not to Exceed $105,500.
® Motion: Adopt the Resolution.
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RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5J. Police
RES. 2016-88 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Appropriation of $240,000 from AB 109 Funds into the
FY2015/2016 Budget and Issuance of Purchase Orders to Fairview Ford in an Amount
Not to Exceed $285,000 and West Coast Lights & Sirens in an Amount Not to Exceed
$55,000.
Council Member Nickel questioned whether the amount of grant funds was sufficient to
offset the costs of increased enforcement of crime due to the provisions of AB 109.
Police Chief Burguan stated that the funds were allocated to every County in the State
and San Bernardino County divided them up among all the individual agencies and cities
based upon the percentage of individuals released back into the community. Several
cities had chosen to use the money to hire additional police officers; however, because
there was no assurance the money was going to continue on a year-to-year basis, Chief
Burguan stated that they had always chosen to use it to run overtime suppression details,
compliance checks, etc., whatever they felt was necessary to address some of the crime
issues. He stated that in this particular case they were using the money to purchase police
40 cars, primarily for the homicide unit, because they were driving 11 year old vehicles with
several hundred thousand miles on them.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:02:30
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5K. Police
RES. 2016-89 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Increase of Purchase Order Number 2016-00001549, Issued
to Dooley Enterprises, Inc., to an Amount Not to Exceed $49,000.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5L. Successor Agency
RES. 2016-90 — 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
at 267 East 49th Street, San Bernardino, California.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 00:32:24
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Public Hearings
6A. City Clerk
RES. 2016-91 — Resolution of the Mayor and Common Council of the City of San
Bernardino Imposing Liens on Certain Parcels of Real Property Located Within the City
of San Bernardino for Uncollected Business Registration Fees.
Mayor Davis opened the hearing.
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:
Brent Meyer, San Bernardino, owner of the office building that occupied the addresses
1990 through 1998 "D" Street, stated that he did not know what the business registration
lien entailed. He stated that half of the building was a public health clinic and the other
half was vacant.
Vanessa Burton, Business Registration Inspector, stated that when she last spoke with
Mr. Meyer she had requested that he bring his tax returns to the City Clerk's office;
however, he had not yet done so.
Motion: Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibit "A" which have been paid prior to the hearing;
and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:43
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
I AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
L------ - ---------------
Mayor--
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6B, City Manager
RES. 2016-92 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Substantial Amendment to the Consolidated Annual Action Plan
for Fiscal Year 2015/2016 Neighborhood Stabilization Program Action Plan; Authorizing
the City Manager to Amend the 2015/2016 Fiscal Year Budget; and Authorizing the City
Manager to Execute Such Documents as Requested by the United States Department of
Housing and Urban Development to Effectuate the Supplemental Appropriation.
Mayor Davis opened the hearing.
Brandon Mims, Deputy Director of Housing, stated that this item was an amendment to
the City's 2015/2016 Action Plan to budget Neighborhood Stabilization Program (NSP)
Funds in order to close out the program.
Mr. Mims stated that the City of San Bernardino received $8.4 million in 2008 and $3.2
million in 2011, and with those two combined funding sources, the purpose of NSP was
to stabilize neighborhoods where homeowners were leaving properties in foreclosure.
Through that program, the City rehabilitated 57 properties with NSP 1 and 12 properties
had been completed thus far with NSP 3. The overall impact of NSP for the City was
that they were able to provide homeowners an opportunity to purchase houses that
otherwise would have lain vacant and probably would have been subject to squatters.
Instead, they were able to fix those properties and put them back on the market and sell
them at market rate to families.
Council Member Valdivia asked Mr. Mims to explain the selection criteria and how the
properties were placed on the list.
Mr. Mims stated that in 2007 the City submitted an NSP Plan to HUD, which identified
an NSP target area. The Economic Development Agency at the time would have been
acquiring properties that fit the program model in that area, and a plan would have been
approved by the City Council.
Council Member Valdivia asked which streets designated the NSP zones.
Mr. Mims stated that the zone consisted of "H", 2nd, and Baseline Streets and Arrowhead
Avenue.
Council Member Valdivia stated that this was a wrap up of the NSP Program and was a
culmination of eight to nine years of resale and rehabilitation. He asked if any funds had
been committed to extend the program.
Mr. Mims stated that HUD ended all versions of NSP in 2013. He said the City would
continue to have NSP funds as long as it was engaged in NSP transactions because they
were property transactions so you would either receive money or an asset. He stated that
the effect of closing out the program was that those assets would become assets of the
CDBG program.
Council Member Valdivia questioned whether residual monies found in dormant
accounts could be applied to other resale and rehabilitation projects under the NSP
auspices.
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Mr. Mims stated that there would be no dormant accounts related to NSP, but as long as
there were NSP properties to sell, the City would receive revenue from NSP.
Council Member Valdivia asked if the City could continue to use NSP dollars as long as
revenue was received on outstanding NSP cases that were never closed.
Mr. Mims stated that the City would have NSP because it would have property that
would sell and it would be the money from the sale of that property, but it would dwindle
to the point where you could no longer buy property or continue the main program
actions. He stated that if the program was never closed out, the City would continue to
receive money as people paid off loans or different title transactions took place.
Council Member Marquez stated that these funding sources came from NSP 1 and NSP3;
however, she questioned why the City was not an applicant during NSP2.
City Manager Scott stated that for some reason NSP2 was written up differently and most
cities did not qualify.
No public comments were received.
Motion: Close the hearing; and adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:28:39
A MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
j AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
7. Staff Reports
7A. City Manager
Request for Council Approval of the One -Year 2016-2017 Action Plan
Revised backup was distributed prior to the meeting in an interoffice memorandum
addressed to the Mayor and Common Council from Mark Scott, City Manager, dated
April 28, 2016, regarding CDBG and ESG Funding.
Additional backup entitled, "City of San Bernardino, CDBG Public Service Allocations
Comparison (2015 and 2016 Program Years)," was submitted into the record and
distributed to the Mayor and Common Council.
City Manager Mark Scott stated that staff removed three of the projects from the list
because they had more projects that totaled a number greater than the amount of available
funding. He stated that staff administratively removed the Arts and Stroll Project, the
Small Business Support Project, and the $50,000 Pocket Park Project that had not been
earmarked for any specific park. Mr. Scott stated that in the remainder of the report, staff
tried to identify places where the City Council might want to reconsider those projects
that were included in the initial report.
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Public Comments:
Karmel Roe, San Bernardino
Phyllis Scott, San Bernardino
Vanessa Perez, San Bernardino
Sandra Ibarra, San Bernardino
Nick DePesquale, San Bernardino
Tom Brickley, San Bernardino
Lt. Rich Lawhead spoke about the City's homeless issue, the role of the Police
Department, and the success of the current Access Center.
Discussion ensued regarding project cuts, allocation changes and funding alternatives.
Motion: Reassign the $400,000 in proposed funding for the Vacant to Value
Project, $250,000 from the sbX Rehab Project under Community
Development and $100,000 from Construction Trades Programs, reduce
the funding for Center for Employment Opportunities award to $10,000,
eliminate proposed funding for Community Action Partnership (CAP) and
Inland Congregation United for Change (ICUC), strike $300,000 in
proposed Regional Access Center funding in favor of Public Works
Infrastructure; reduce the proposed Public Services budget by $75,000;
allocate $200,000 in ESG funding for the Access Center, and the
remaining $80,000 to the other four groups being funded.
F-
RESULT: ADOPTED [UNANIMOUS] 03:41:56
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
8. Supplemental Additions to the Agenda
8A. City Attorney
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending Chapter 2.12 of the San Bernardino Municipal Code, Repealing Chapters 2.32
and 15.16 of the San Bernardino Municipal Code, Ratifying the San Bernardino County
Fire Protection District Fire Code (Ord. No. FPD 14-03) and Fees for San Bernardino
County Fire Protection District (Ord. No. FPD 15-01). (FIRST READING)
Public Comments:
Karmel Roe, San Bernardino
Motion: Lay over Ordinance for final adoption.
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RESULT: FIRST READING [4 TO 31 Next: 5/16/2016 2:00 PM
MOVER: Fred Shorett, Council Member, Ward 4 01:08:54
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Virginia Marquez, Fred Shorett, Bessine L. Richard, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia, Henry Nickel
9. Public Comments on Items Not on the Agenda
John Hillman, San Bernardino, spoke in response to an article in The San Bernardino
Sun concerning the Police Department. He said he attended the town hall meeting and
praised Chief Burguan and his staff for doing such a phenomenal job. He stated that the
article may have been done irresponsibly, but it hurt the community. He recommended a
book called "The 8th Habit: From Effectiveness to Greatness," by Stephen R. Covey,
which was about teamwork.
Betty Jean Long, San Bernardino, asked the Mayor what he thought about opening the
airport for the homeless. She stated that the Salvation Army, which was owned by the
City, could also be used as a homeless shelter and that she would be willing to help run it.
Robert Porter, San Bernardino, provided updates on Paleo Days, the Cannabis Corner
radio program, I Love San Bernardino Facebook Group, and I Love San Bernardino TV.
Jacqueline Hill, San Bernardino, spoke in support of SBETA.
Sandra Ibarra, San Bernardino, spoke about the recent shootings in the City and
problem properties in her neighborhood.
Eric Wilhite, San Bernardino, urged the Mayor to rescind his veto regarding SBETA.
Carrie Gilbreth, San Bernardino Associated Governments, announced that SANBAG
was currently studying ways to improve the I-10 Freeway between Ford Street in
Redlands and the Los Angeles County Line. Alternatives being considered included
adding one HOV lane in each direction, adding two express lanes in each direction, or a
no build. Ms. Gilbreath stated that the draft environmental document was currently being
circulated, and that the public comment period started on April 25, 2016, and would
continue until June 81, 2016. She stated that public hearings would be held May 17-19,
2016, from 4:30-7:30 p.m. and that the Draft Environmental document could be viewed
at the Norman Feldheym Library or at www.1015projects.com.
Karmel Roe, San Bernardino, stated that tax dollars from dispensaries could be used to
fund an access center for the homeless, provide backup for the Police Department, and
could have saved the Fire Department. Ms. Roe also spoke in support of SBETA and
announced that the Women's Club of San Bernardino would be holding their annual flee
market on May 6-7, 2016, from 8:30 a.m. to 3:00 p.m.
Jay Lindberg, San Bernardino, stated that he had heard that Propositions 47 and 109
were somehow responsible for some of the recent killings in San Bernardino, but he
didn't understand that because only non-violent offenders were being released. He stated
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that the reason for the increased violence was because people decided they wanted more
money for their departments instead of doing what made sense. He stated that if all the
dispensaries were shut down, all of those sales would end up back on the black market.
Mr. Lindberg stated that if marijuana was responsible for 40 percent of the black market
and that was responsible for half of the violent crime, there was going to be more
murders on the streets.
David Young, San Bernardino, encouraged the Mayor to rescind his veto of the SBETA
program.
Al Palazzo, San Bernardino, stated that he wanted to help the City Council turn the City
around by creating conditions that would bring in investment from the business
community. He stated that he started giving his tours again, and that over 40 people have
taken his tour. He stated that the City needed to be re -invented and he wanted the
Councilmembers to think about what conditions could be created in order to bring about a
renaissance of the City.
James Penman, San Bernardino, stated that a document was handed out at the Charter
workshop that said the system for setting the Mayor's salary was antiquated; however, it
was one of the newest provisions of the City Charter. He said that that was another
example of the lack of information and the incorrect information the Mayor and Council
had received about the Charter. There was no discussion at the workshop about the
current Charter and there was no explanation as to why it needed to be replaced. Mr.
Penman stated that opposition to the Charter was going to be a major issue if it was put
on the ballot. He said the Charter was an ill-conceived, ill -discussed, not -well -thought-
out proposal.
Jim Smith, San Bernardino, said the Charter Committee had been meeting for over two
years and had vetted every angle of the City Charter. He stated that wonderful things
were happening in the City such as the agreement with Burrtec, the annexation to County
Fire, the end of bankruptcy, and the chance to vote for a new Charter in November.
William Cioci, San Bernardino, stated that the City's continued unwillingness to have a
discussion about medical cannabis encouraged discrimination. For 20 years it had been a
law and his right to consume his medicine anywhere that tobacco was allowed to be
consumed, including in front of City Hall. He stated that somebody had complained that
he was smoking pot in the smoking area, and he was asked to take it somewhere else. He
stated that he had heard that multimillion dollar investors were calling Councilmembers
and that another person was going to pay $10 per signature to get it on the ballot.
Marven Norman, Redlands, speaking on behalf of Inland Empire Biking Alliance,
announced that the grand opening for Bicycle Hubitat would take place on May 9, 2016,
from 12-6 p.m., at the San Bernardino Transit Center, 599 W. Rialto Avenue. He stated
that a State program called the Active Transportation Program (ATP) had $120 million
available for bike and pedestrian projects and safe routes to school projects. Mr. Norman
stated that the bike path that runs along Inland Center Drive was broken up by the
freeway, and if the City could fix that, it would be a great way for the people on the west
side of the freeway to get to the Inland Center Mall.
Mayor and Common Council of the City of San Bernardino Page 13 Printed 5/10/2016
Joint Regular Meeting Minutes May 2, 2016
Scott Olson, San Bernardino, announced that he was going to be listed on the ballot as a
candidate for the Republican Central Committee in the upcoming election on June 7,
2016.
10. Items to be Referred to Council Committees
Council Member Marquez requested that Veteran's Supportive Housing be referred to the
Real Estate Committee.
Council Member Nickel requested that the Police Chief provide an update at the next
Quality of Life Committee on what steps were being taken to address the rising tide of
crime in the City.
Council Member Valdivia requested that the following three issues be referred to the
CDBG Committee: NSP Zones; planning for the 2016/2017 fiscal year and preparation
for the upcoming CDCAC Committee; and bike lane funding opportunities under the
State's Active Transportation Program (ATP).
Council Member Valdivia recommended that the Charter Committee's report to the City
Council be a public hearing with no time limits or constraints; requested that the
provisions of the tow contract be reviewed and clarified; and he asked the City Manager
to prepare a report on the improved mobility of traffic on the I-10 Corridor and the
impacts and benefits for commerce and trade zones.
11. Announcements by Mayor, Council and Executive Staff
12. 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., Monday, May 16, 2016.
GEORGEANN "GIGI" HANNA, CMC
City Clerk
By:
Linda Sutherland
Deputy City Clerk
Mayor and Common Council of the City of San Bernardino Page 14 Printed 5/10/2016