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HomeMy WebLinkAbout07-05-2016 Jt. Reg Mtg Minutes�*C City 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 /�►i17 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESDAY, JULY 5, 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 2:07 p.m., Tuesday, July 5, 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 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:09 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 2:00 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James L. 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 7/14/2016 Joint Regular Meeting Minutes July 5, 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; Inland Valley Development Agency, the successor agency to the Inland Valley Development Agency, a joint powers authority/federal base reuse authority, et al. v. Michael Cohen - Sacramento Superior Court, Case No. 34-2016- 80002374; LYU Development v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS1511003; People of the State of California v. Kush Concepts Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1516185. 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(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: Property Address: 280 S. "E" Street, San Bernardino, CA 92401 Negotiating Parties: Mark Scott, City Manager David Elmore and Joe Hudson - Inland Empire 66ers 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 Father Lorenzo Lebrija of St. John's Episcopal Church. The Pledge of Allegiance was led by Valerie De La Paz, who will be a 2nd grade student at Bradley Elementary School this fall. Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 Closed Session Public Comment: Joe Hudson, General Manager, Inland Empire 66ers Baseball Team, stated that today in closed session the Mayor and Common Council would be discussing the future of the Inland Empire 66ers and the potential for a new stadium lease as the current one would expire in less than three months. He stated that in order to maintain a minor league team for the community, they must have a valid lease moving forward. Mr. Hudson said he hoped the discussion would lead to a full proposed lease for public posting and their consideration. 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. 1 A, existing litigation: In the matter of Inland Valley Development Agency, the successor agency to the Inland Valley Development Agency, a joint powers authority/federal base reuse authority, et al. v. Michael Cohen, the Council gave litigation directive by vote of 7-0; In the matter of LYU Development v. City of San Bernardino, the Council gave settlement directive by vote of 7-0. 3. Appointments .riu. 3A. Mayor's Office Appointment of Andrea Price to the Human Relations Commission - Council Member Henry Nickel (Continued from June 20, 2016) Motion: Approve the appointment of Andrea Price to the Human Relations Commission as requested by Council Member Henry Nickel. C RESULT: ADOPTED [UNANIMOUS] 00:04:231 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3B. Mayor's Office Appointment of Russell R. Fritz to the Board of Police Commissioners as an Alternate - Mayor R. Carey Davis Motion: Approve the appointment of Russell R. Fritz to the Board of Police Commissioners as an alternate as requested by Mayor R. Carey Davis. ' Approximate time of the vote, according to the timestamp on meeting video posted to the City web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 RESULT: ADOPTED [UNANIMOUS] 00:06:45 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3C. Mayor's Office Appointment of Kelsey English to the Animal Control Commission as an Alternate - Mayor R. Carey Davis Motion: Approve the appointment of Kelsey English to the Animal Control Commission as an alternate as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:09:19 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3D. Mayor's Office Appointment of Hector Perez to the Measure "Z" Citizens Oversight Committee - Council Member Benito Barrios Motion: Approve the appointment of Hector Perez to the Measure "Z" Citizens Oversight Committee as requested by Council Member Benito Barrios. RESULT: ADOPTED [UNANIMOUS] 00:11:33 MOVER: Benito J. Barrios, Council Member, Ward SECONDER: 2John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. Presentations 4A. Introduction of Mexican Consul Salom6n Rosas Ramirez -- Mayor Davis Information regarding the US — Mexico Bilateral Relationship was distributed to the Mayor and Common Council and a short video on Mexico was presented. 4B. Service Council Update — Rev. George Honn — Council Member Mulvihill 4C. Bankruptcy/Strategic Planning Update -- Management Partners 4D. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced upcoming Chamber events and activities. Mario Herrera, representative from Assemblyman Marc Steinorth's office, announced that a Veterans Resource Fair would be held on Wednesday, July 27, 2016, from 9 a.m. to 2 p.m., at Central Park in Rancho Cucamonga. Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 Erika Flores, representative from Congressman Aguilar's office, announced that an Inland Empire Jobs Fair would be held on Friday, July 22, 2016, from 9 a.m. to 12 p.m. at the Frank Gonzales Community Center in the City of Colton. 5. Consent Calendar Council Member Valdivia asked that items 5G, 5J, 5M and 5P be pulled from the consent for further discussion. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated July 5, 2016. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5B. City Manager RES. 2016-129 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing, Reclassifying, Reestablishing and Deleting Various Classifications, and Approving Salary Adjustments for Fiscal Year 2016-2017. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 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] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill C L. - Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 D 5D. 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] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5E. Human Resources Personnel Actions - Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5F. Human Resources RES. 2016-130 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Professional Services Agreement Between ProStaff, LLC and the City of San Bernardino. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 5G. Human Resources RES. 2016-131 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Sixth Amendment to the Consultant Services Agreement Between the Law Office of Linda L. Daube and the City of San Bernardino for Labor Negotiator and Bankruptcy Services. Motion: Adopt the Resolution. RESULT: ADOPTED 16 TO 1] 00:45:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia 5H. Information Technology RES. 2016-132 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Purchase Order to Frontier Communications for Centranet and Landline Telephone Service. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 L AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 00:43:59 5I. Information Technology RES. 2016-133 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Services Agreement with Accela, Inc. for Permit Application Maintenance Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 1i Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 A D 5J. Police RES. 2016-134 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of a Mobile Observation Safety Tower Funded by the 2015 Urban Area Security Initiative (UASI) Grant. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:48:04 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5K. Public Works RES. 2016-135 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Funds from the Department of Resources Recycling and Recovery (CalRecycle) City/County Payment Program Application FY 14/15 into FY 2016-17 Budget. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5L. Public Works RES. 2016-136 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Recycling Rebate Funds from the Department of Resources Recycling and Recovery (CalRecycle) from Calendar Year 2014 Received in FY 2015-16. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 8 Printed 711412016 Joint Regular Meeting Minutes July 5, 2016 Nn 5M, Public Works RES. 2016-137 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Issue a Notice of Intent (NOI) to Create a Quiet Zone Along the Railroad Line Being Constructed by the Downtown San Bernardino Passenger Rail Project (DSBPRP) and Directing the City Manager to Execute a Notice of Quiet Zone Establishment at the Time and in a Form Set by 49 CFR §222. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:49:10 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill --- ----...- -------_------------ _- ----- ----------- 5N. Public Works RES. 2016-138 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Two to the Vendor Service Agreement with Fleet Pride. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 50. Public Works RES. 2016-139 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Submittal of Oil Payment Program Application and Accepting Funds from the Department of Resources Recycling and Recovery (CalRecycle). Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 9 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 5P. Public Works RES. 2016-140 — Resolution of the Mayor and Common Council of the City of San Bernardino Confirming the 2016/2017 Assessment Rolls for Various Assessment Districts Located Within the City of San Bernardino. Council Member Richard stated she would abstain as she owned property that was located within 500 feet of Assessment Districts 953 and 1029. Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 01 00:57:09 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSTAIN: Bessine L. Richard 5Q. Treasurer's Office RES. 2016-141 — Resolution of the Mayor and Common Council of the City of San Bernardino Acknowledging the Receipt and Filing of the Annual Statement of Investment Policy for the Period July 1, 2016 through June 30, 2017. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:59 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Public Hearings 6A. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-02 Amending Chapter 19.22 (Sign Regulations) Section 19.22.080 (Off -Site Signs) of the Development Code (Title 19) of the City of San Bernardino Municipal Code. (FIRST READING); And RES. 2016-142 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Categorical Exemption and Approving Conditional Use Permit 16-03 and a License Agreement to Allow the Development, Establishment and Operation of a Freestanding Freeway -Oriented Electronic Message Center Sign Located at 1630 S. "E" Street (APN: 0141-253-02) Within the Commercial General (CG -1) Zone. Mayor Davis opened the hearing. Oliver Mujica, Planning Services Manager, gave a PowerPoint presentation entitled, "Mayor and Common Council, July 5, 2016, Item: 6A, 1) Development Code Amendment 16-02, and 2) Conditional Use Permit 16-03." Mayor and Common Council of the City of San Bernardino Page 10 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 No public comments were received. Motion: 1) Close the hearing; 2) Lay over Ordinance (see Attachment 1) for final adoption; and 3) Adopt the Resolution (see Attachment 2) adopting the Categorical Exemption; and, approving Conditional Use Permit 16-03 and License Agreement (see Attachment 3), based upon the recommended Findings of Fact and Conditions of Approval. RESULT: FIRST READING 16 TO 1] Next: 7/18/2016 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:41:52 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard NAYS: James Mulvihill 6B. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment 15-02 to Change the General Plan Land Use Designation of 25.25 Acres from Industrial (Approximately 11.5 Acres) and Open Space (Approximately 14.4 Acres) to Industrial, and Development Code Amendment (Zoning Map Amendment) 15-04 to Change the Zoning District from Industrial Light (IL) (Approximately 7.5 Acres), Office Industrial Park (OIP) (Approximately 4 Acres) and Public Commercial Recreation (PCR) (Approximately 14.4 Acres) to Industrial Light (IL) in Order to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet Located on the Southwest Corner of Waterman Avenue and Dumas Street. (FIRST READING); And, RES. 2016-143 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Mitigated Negative Declaration and Approving Subdivision 15- 05 (Tentative Parcel Map 19692) and Development Permit Type -D 15-11 to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet, Along with the Construction of the Required On - Site and Off -Site Improvements, on a Parcel Containing Approximately 25.25 Acres Located on the Southwest Corner of Waterman Avenue and Dumas Street (APN'S: 0141- 431-01, 02, 03, 04, 08, 09, 10, 11, 12, 16, 20 and 21) Within the Industrial Light (IL) Zone. Mayor Davis opened the hearing. Travis Martin, Associate Planner, gave a PowerPoint presentation entitled, "Mayor and Common Council, July 5, 2016, Item: 613, 1) General Plan Amendment 15-02, 2) Development Code Amendment (Zoning Map Amendment) 15-04, 3) Subdivision 15-05 (Tentative Parcel Map 19692), and 4) Development Permit Type -D 15-11." Mr. Martin stated that his office received a letter this morning from the Laborers International Union of North America, Local Unit No. 783, who had been working with the applicant on some additional measures that could be done regarding the development to reduce some potential impacts. He stated that they had come to an agreement on that and the union withdrew their comments on the Initial Study and the Mitigated Negative Mayor and Common Council of the City of San Bernardino Page 11 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 Declaration. No public comments were received. Motion: 1) Close the hearing; 2) Lay over Ordinance (see Attachment 1) for final adoption; and 3) Adopt the Resolution (see Attachment 2) adopting the Mitigated Negative Declaration; and, approving Subdivision 15-05 (Tentative Parcel Map 19692) and Development Permit Type -D 15-11, based upon the recommended Findings of Fact and Conditions of Approval. RESULT: FIRST READING [UNANIMOUS] Next: 7/18/2016 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:58:01 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Staff Reports 7A. City Clerk Consideration of the San Bernardino Regulate Marijuana Act of 2016 and Either Pass Said Ordinance Without Alteration or Call a Special Election to be Set for November 8, 2016 in the Presidential Election Conducted by the County of San Bernardino and Authorizing the Prepayment of the Costs for the Said Election to the County of San Bernardino. • Mayor Davis submitted into the record and discussed the following documents: • A PowerPoint presentation entitled, "SB Regulate Marijuana Act of 2016." • A "Memorandum For All United States Attorneys, from James M. Cole, Deputy Attorney General, dated August 29, 2013, on Guidance Regarding Marijuana Enforcement." • The "LRC Marijuana Presentation, dated April 19, 2016," which was submitted and reviewed on June 14, 2016. City Clerk Hanna provided background information and answered questions regarding the initiative process. Public Comments: Heidi Stevenson, San Bernardino Joe Doyle, San Bernardino Patti Genther, San Bernardino John Lunt, San Bernardino Colleen Shelton, San Bernardino Ellen Timmreck, San Bernardino Robert Porter, San Bernardino Laurie Hassell, San Bernardino Bruce Sibbett, San Bernardino Robert Boyd, San Bernardino Mayor and Common Council of the City of San Bernardino Page 12 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 Kerri Jenkins, San Bernardino Dr. Joshua Beckley, San Bernardino (statement read into the record by Margaret Hill) Deanie Gallaher, San Bernardino Darren Espiritu, San Bernardino Aaron Cox, San Bernardino Jay Lindberg, San Bernardino Kathrine Redmon, San Bernardino (submitted 10 articles on marijuana into the record) Cassie Levy, San Bernardino Deanna Adams, San Bernardino Michael Gallo, San Bernardino Sandra Owen-Olivas, San Bernardino Senator Mike Morrell (statement read into the record by Mayor Davis) Eric Harworth (statement received via e-mail and submitted into the record) CJ Eastwood, San Bernardino (statement received via e-mail and submitted into the record) Motion: The Mayor and Common Council will call for a Special Election at which the San Bernardino Regulate Marijuana Act of 2016, without alteration, will be submitted to a vote of the people during the Presidential Primary Election held on November 8, 2016 conducted by the County of San Bernardino and authorizing prepayment of the costs for said election to the County of San Bernardino. RESULT: ADOPTED [UNANIMOUS] 02:36:46 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7B. City Manager An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 12.21 to the San Bernardino Municipal Code Related to Design -Build Procurement for Public Works Contracts. (FIRST READING) Agenda Item Nos. 713, 7C and 7D were discussed simultaneously. Refer to Agenda Item No. 7C for staff comments and a list of public speakers. Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [6 TO 11 Next: 7/18/2016 2:00 PM MOVER: Virginia Marquez, Council Member, Ward 1 01:21:26 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 13 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 7C, City Manager An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Section 12.24.030 to the San Bernardino Municipal Code Requiring Payment of Prevailing Wages on Public Works Projects. (FIRST READING) Agenda Item Nos. 713, 7C and 7D were discussed simultaneously. Steven Graham, Deputy City Attorney, stated that the Mayor and Common Council adopted a resolution in 1990 requiring payment of prevailing wage on Public Works projects; however, last year the Department of Industrial Relations required that an ordinance be adopted. He stated that this would not change the way the City did business, but it would add the City to a list of charter cities that were in compliance. Deputy City Attorney Graham stated that if the ordinance was not adopted, the City would be ineligible for State funding on any Public Works project. Public Comments: Scott Olson, San Bernardino Joseph Patrick Doyle, San Bernardino Heidi Stevenson, San Bernardino Jason Paden, local contractor Motion: Lay over Ordinance for final adoption. RESULT: FIRST READING [UNANIMOUS] Next: 7/18/2016 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 01:34:00 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7D. City Manager ORD. MC -1423 — An Urgency Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 12.21 to the San Bernardino Municipal Code Related to Design -Build Procurement for Public Works Contracts. (URGENCY) Agenda Item Nos. 713, 7C and 7D were discussed simultaneously. Refer to Agenda Item No. 7C for staff comments and a list of public speakers. Motion: Adopt the Ordinance. RESULT: ADOPTED 16 TO 11 01:21:26 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia Mayor and Common Council of the City of San Bernardino Page 14 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 7E. Council Office f, Discuss and Take Possible Action Regarding an Ordinance Adding Chapter 3.82 of Title 3 of the San Bernardino Municipal Code Imposing a Business Tax on Cannabis Businesses and Commercial Cannabis Activities; Adding Chapter 5.04.655 of Title 5 to Designate Business Registration Fees for Cannabis Businesses; Repealing Chapter 5.05 of Title 5 and Chapter 19.06.026 of Title 19 Pertaining to Medical Marijuana Dispensaries; and Adding Chapter 5.86 of Title 5 Pertaining to Cannabis Business Regulations. Agenda Item Nos. 7E and 7F were discussed simultaneously. Public Comments: Scott Olson, San Bernardino Darren Espiritu, San Bernardino Damian Martin, Los Angeles (submitted a document into the record entitled "Current San Bernardino Polling," dated July 1, 2016) Jay Lindberg, San Bernardino Patti Genther, San Bernardino Heidi Stevenson, San Bernardino Deanna Adams, San Bernardino Betty Jean Long, San Bernardino Motion: Bundle Agenda Item Nos. 7E and 7F; and direct the City Attorney to draft a potential ordinance immediately, excluding the tax element, to be used Mayor and Common Council of the City of San Bernardino Page 15 Printed 7/14/2016 as needed contingent upon the results of the poll. RESULT: ADOPTED [6 TO 1] 04:13:27 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard NAYS: James Mulvihill 7F. Council Office Polling Citizens Regarding Medical Marijuana Agenda Item Nos. 7E and 7F were discussed simultaneously. Refer to Agenda Item No. 7E for a list of public speakers. Motion: Bundle Agenda Item Nos. 7E and 7F; and direct the City Manager to Conduct an Opinion Poll of the Citizens of the City of San Bernardino to get an understanding of opinions regarding medical marijuana. RESULT: ADOPTED [6 TO 1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard NAYS: James Mulvihill Mayor and Common Council of the City of San Bernardino Page 15 Printed 7/14/2016 Joint Regular Meeting Minutes July 5, 2016 7G. Council Office Update of the 2016 NUSA (Neighborhoods, USA), 41" Annual Conference on Neighborhood Concerns, May 25-28, 2016, Memphis, Tennessee Attended by Mayor Pro Tempore/3d Ward Council Member John Valdivia, and 5th Ward Council Member Henry Nickel Council Member Valdivia gave a brief report. Consensus: Receive and file. 7H. Mayor's Office RES. 2016-144 — Resolution of the Mayor and Common Council of the City of San Bernardino Directing the City Attorney to Conduct an Impartial Analysis on the Marijuana Initiative and Directing the City Manager to Conduct an Analysis on the Potential Operational Impacts in Regard to the Marijuana Initiative. Public Comments: Darren Espiritu, San Bernardino Jay Lindberg, San Bernardino Katherine Redmond, San Bernardino Betty Jean Long, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 05:30:00 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, stated that she was tired of getting her stuff ripped off. Roger Henderson, San Bernardino, announced that the 4th Annual "Rendezvous Back to Route 66" car show would be held on October 1, 2016; and spoke against the use of illegal fireworks in the City of San Bernardino. Scott Olson, San Bernardino, spoke in opposition to the proposed City Charter. Darren Espiritu, San Bernardino, announced that a Perris Hill Park revitalization would take place on Saturday, July 9, 2016, from 8 a.m. to 12 p.m. Sandra Owen-Olivas, San Bernardino spoke against the use of illegal fireworks in the City of San Bernardino. Mayor and Common Council of the City of San Bernardino Page 16 Printed 7/14/2016 5 Joint Regular Meeting Minutes July 5, 2016 9. Items to be Referred to Council Committees Council Member Nickel stated that at the last Council meeting he had requested an update on any potential modification to the sbX configuration of yellow barriers that have been placed in the center of various streets. 10. Announcements by Mayor, Council and Executive Staff 11. Adjournment At 10:29 p.m., the meeting adjourned to 5:30 p.m., Wednesday, July 13, 2016, in the Council Chamber of City Hall, 300 N. "D" Street, San Bernardino, California. 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, July 18, 2016. GEORGEANN "GIGI" HANNA, CMC City Clerk By: Linda Sutherland Deputy City Clerk +� Mayor and Common Council of the City of San Bernardino Page 17 Printed 7/14/2016