The URL can be used to link to this page

Home My WebLink About08-15-2016 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 Jim 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, AUGUST 15, 2016 COUNCIL CHAMBER 10 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 2:00 p.m., Monday, August 15, 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 4:15 p.m. John Valdivia Council Member, Ward 3 = Present 2:13 p.m. Fred Shorett : Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 i Present 2:34 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 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 le r� u 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). California for Responsible Government, et al v. City of San Bernardino, et al. - Superior Court, Case No. CIVDS 1613014 D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor David Medina of The Branch Church. The Pledge of Allegiance was led by Meredith Rene Yacona, who is a 6 grade student at Mission Crest Elementary School in Hesperia. 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of Joey Webb v. City of San Bernardino, the Council gave settlement directive by vote of 5-0, with Council Members Barrios and Nickel absent; In the matter of California for Responsible Government, et al v. City of San Bernardino, et al., the Council gave litigation directive and authority by vote of 5-0, with Council Members Barrios and Nickel absent. Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/16/2016 5 Joint Regular Meeting Minutes August 15, 2016 Under Agenda Item No. 1 B, anticipated litigation, significant exposure to litigation, One (1) item, the Council gave settlement directive by vote of 6-0, with Council Member Barrios absent. Under Agenda Item No. IF, conference with labor negotiator, the Council approved the proposed 2017 contribution amounts by vote of 6-0, with Council Member Barrios absent. Under Agenda Item No. IG, conference with real property negotiations, the Council gave negotiation directive and authority by vote of 6-0, with Council Member Barrios absent. 3. Appointments 3A. Mayor's Office Appointment of Councilmember Jim Mulvihill as an Alternate to the San Bernardino Associated Governments (SANBAG) Board of Directors - Mayor R. Carey Davis Motion: Approve the appointment of Councilmember Jim Mulvihill as an Alternate to the San Bernardino Associated Governments (SANBAG) Board of Directors as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:09:301 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ARSENT! Benito T Rn"inc 3B. Mayor's Office Appointment of Deanie Gallaher to the Planning Commission - Mayor R. Carey Davis Motion: Approve the appointment of Deanie Gallaher to the Planning Commission as requested by Mayor R. Carey Davis. RESULT: ADOPTED [UNANIMOUS] 00:09:53 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Benito J. Barrios 1 Approximate time of the vote, according to time stamp of meeting video posted on the City website. Mayor and Common Council of the City of San Bemardino Page 3 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 4. Presentations 4A. SBD Fest SB Strong Plane Pull — Mayor Davis Mark Gibbs and Catherine Pritchard gave a presentation about the upcoming SBD Fest Airshow on September 10, 2016 at the San Bernardino International Airport. 4B. Special Presentation to Volunteer Citizen Based Charter Review Committee — Mayor Davis Mayor Davis presented plaques to the Charter Review Committee. Members present at the meeting were: Phil Savage, Gloria Harrison, Tom Pierce, Michael Craft, Vicki Lee, Dennis Baxter, and Gary Walbourne. 4C. Student of the Month -- Castor Lomeli, Sierra High School -- Council Member Marquez 4D. Citizen of the Month — Darren Espiritu — Council Member Shorett 4E. Bankruptcy/Strategic Planning Update -- Management Partners Teri Cable, Senior Management Advisor for Management Partners presented an update of the bankruptcy process via PowerPoint, available in the City Clerk's office. 4F. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced upcoming events of the San Bernardino Area Chamber of Commerce. Joshua Monzon, Senator Mike Morrell's office announced that the Senator would be having a community coffee on Saturday, August 20, 2016 from 8:30 to 9:30 a.m. at DJ's Coffee Shop in San Bernardino. 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 August 15, 2016. RESULT: ADOPTED [UNANIMOUS] 00:49:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5B. 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. Mayor and Common Council of the City of San Bernardino Page 4 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 RESULT: ADOPTED [UNANIMOUS] 00:49:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. 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] 00:49:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5D. 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] 00:49:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5E. Parks, Recreation & Community Services RES. 2016-171 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and United Nations of Consciousness for Use of Anne Shirrells Community Center. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 01:16 09 Mayor and Common Council of the City of San Bernardino Page 5 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 5F. Public Works RES. 2016-172 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of Funds from the Department of Resources Recycling Recovery (CalRecycle) Oil Payment Program Application FY 2015-16 into FY 2016-17 Budget. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:24:49 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5G. Successor Agency RES. 2016-173 - Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving a Vendor Services Agreement with Urban Futures, Inc. with Respect to Redevelopment Wind -Down Services During Fiscal Year 2016-17. Public Comments: Scott Olson, San Bernardino Deanna Adams, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 01:33:38 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia 6. Staff Reports 6A. Community Development RES. 2016-174 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution Of. 1) the First Amendment to the Exclusive Negotiation Agreement (ENA) and 2) the Theater Square Development Services Agreement (DSA) with AECOM Technical Services, Inc. and the Fransen Company, Inc. for the Redevelopment of Certain Real Property Comprising Approximately 48.5 Acres, Commonly Known as Carousel Mall and Regal Theaters, Located Generally at 300 and 450 North "E" Street and at the Northwest Corner of Fourth Street and "E" Street, San Bernardino, California. Public Comments: Scott Olson, San Bernardino Mayor and Common Council of the City of San Bernardino Page 6 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:18:53 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6B. Public Works Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide. (FIRST READING) Motion: Lay over Ordinance for final adoption. RESULT: ADOPTED [UNANIMOUS] 02:20:23 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, spoke about being on the street and her commitment to spending her money on those items she wished to. She then threatened to shoot each Council Member if she had to. Scott Olson, San Bernardino, spoke about campaign politics and the 315` Congressional race between Paul Chabot and Pete Aguilar. Robert Porter, San Bernardino, asked people not to remove political signs. He read information about Native American history in the San Bernardino area. Allysa Spreag, of the National Orange Show, announced the 29th Annual Wine and Food "Under the Stars" fundraiser at the National Orange Show on September 22, 2016 from 6:00 p.m. to 9:00 p.m. She said the National Orange Show was looking for local businesses to partner with them for this event. Sandra Ibarra, San Bernardino, spoke about how she speaks up on issues affecting people in San Bernardino. She said when she speaks against some of the Council's votes, she was not doing it to pick on individual Council Members, but only to be a voice of the people who were struggling. Linda Miers, San Bernardino, spoke on behalf of Inland Congregations United for Change (ICUC). She said that students leave San Bernardino because they didn't see a future here, and those who stayed ended up being criminalized. She said ICUC was organized eleven years ago to assist with the issues of violence prevention and said the City Council had not made violence prevention a priority. Anna Hamilton San Bernardino read the names of the 2016 homicide victims in San Bernardino. Mayor and Common Council of the City of San Bernardino Page 7 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 Miguel Machado, San Bernardino, spoke on behalf of Inland Congregations United for Change (ICUC) and cited statistics on violence and said investing in violence prevention strategies was cheaper and helped the City. Karla Elizarraraz, San Bernardino, spoke on behalf of Inland Congregations United for Change (ICUC) about the Common Ground for Peace curriculum and its purposes. She stated statistics achieved in cities that have used the curriculum. She challenged the City to commit 40% of Measure Z funding to violence prevention strategies such as that curriculum. Michael Antonio, San Bernardino, spoke on behalf of Inland Congregations United for Change (ICUC), and cited the costs of violence and said that investing in violence prevention strategies was cheaper and helped the City. Kesha Megee, San Bernardino, spoke on behalf of Inland Congregations United for Change (ICUC) about the Measure Z and Measure YY and the timelines and purposes. Sergio Luna, San Bernardino, dropped off over 1,000 signed letters for the record and said the group from Inland Congregations United for Change (ICUC) was at the meeting to tell the City Council that they expected the City to make it a priority to prevent future violence in the city. Pastor Norman Copeland, Inland Congregations United for Change (ICUC) said that he and the members of ICUC had come to ask the Mayor and Council to hear them. He said that he believed this program should be adopted for this City. He stated that prevention and intervention was the new way; and lives could be changed and hope could be restored. James Penman, San Bernardino, said the so-called new Charter was not new at all. He spoke about Section 507. He said the wording in the section would not prevent the City from contracting police services; if that had been the intent, it would have prohibited contracting police services. He stated that the (proposed) City Charter was un-American and bogus. Shelby Wyatt, San Bernardino, spoke about differences in zone verifications and asked to speak to individual council members about it. Barbara Babcock, San Bernardino, spoke about the next City -sponsored Art Walk, set for October 14, 2016 from 5:00 p.m. to 8:00 p.m. Jim Smith, San Bernardino, commended Virginia Marquez for going to Spain to help the City with development issues and the old Harris Company building. Mayor and Common Council of the City of San Bernardino Page 8 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 10. Late Addition to the Agenda 10A. City Clerk Review Alignment of City Election Resolutions to County Standards RES. 2016-175 — Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election on a New Proposed Charter and Requesting that Said City of San Bernardino's Special Municipal Election be Consolidated with the November 8, 2016 Statewide General Election Conducted by the County of San Bernardino. RES. 2016-176 - Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Submission of a Proposed Initiative Measure to the Electors of Said City at a Special Election to be Consolidated with the Presidential Election of November 8, 2016. RES. 2016-177 - Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election for the Purpose of Considering the San Bernardino Regulate Marijuana Act of 2016, Requesting that the Special Election be Consolidated with the Presidential General Election Conducted on November 8, 2016 and Authorizing the Expenditure of Funds for the Election. RES. 2016-178 - Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special Municipal Election for the Purpose of Considering the San Bernardino Medical Cannabis Restrictions and Limitations Act, Requesting that the Special Election be Consolidated with the Presidential General Election Conducted on November 8, 2016 and Authorizing the Expenditure of Funds for the Election. Public Comments: Scott Olson, San Bernardino Deanna Adams, San Bernardino Robert Porter, San Bernardino Motion: Adopt the Resolutions. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Items to be Referred to Council Committees None 02:55:46 Mayor and Common Council of the City of San Bernardino Page 9 Printed 8/16/2016 Joint Regular Meeting Minutes August 15, 2016 9e Adjournment At 8:02 p.m. the meeting adjourned in memory of Robert "Bob" Hill. 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, September 19, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. GEORG ANN "GIGI' ANNA, CMC City Clerk LJ Id Mayor and Common Council of the City of San Bernardino Page 10 Printed 8/16/2016