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Home My WebLink About11-21-2016 Jt. Reg Mtg MinutesCity of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim 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 0 AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY 54 MONDAY, NOVEMBER 21, 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 2:01 p.m., Monday, November 21, 2016, in the Council Chamber, 300 North "D" Street (Lobby), San Bernardino, CA. 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 Late 2:08p m. John Valdivia Council Member, Ward 3 Late 2:21 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Late 3:08 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 .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 Cit Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 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 Gilbert McCory v. City of San Bernardino - United States District Court, Case No. CV15-01567 JGB (DTBx); James Tripplett, et al. v. Chris Johnson, et al. - San Bernardino Superior Court, Case No. CIVDS1500485; Bobbie Vasquez, et al. v. Willie Mason, et al. - San Bernardino Superior Court, Case No. CIVDS1208006; Latricia Woods v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS1212419; Luke Terry v. City of San Bernardino - WCAB Case No. ADJ8921258 and ADJ9970126; Alain Martinovic v. City of San Bernardino - WCAB Case No. ADJ9698452 and ADJ9699451; Jeffrey Northup v. City of San Bernardino - WCAB Case No. ADJ8772662 and ADJ8772665. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). Quama Bradford v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Olalia City v. Group IX BP Properties LP City v. Hector Ruiz City v. Bank of America City v. SB TRS LLC 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11%21/2016 Joint Regular Meeting MINUTES November 21, 2016 Reading of Resolutions and Ordinances Deputy City Clerk Valerie 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 Council Member John Valdivia. The Pledge of Allegiance was led by Destiny Armeta, a fifth grade student from Del Rosa Elementary School. 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item ,No. 1A, existing litigation: In the matter of James Tripplett, et al. v. Chris Johnson, et al., the Council gave settlement direction by vote of 7-0; In the matter of Bobbie Vasquez, et al. v. Willie Mason, et al., the Council gave settlement direction by vote of 7-0; In the matter of Latricia Woods v. City of San Bernardino, the Council gave settlement direction by vote of 5-1, with Council Member Nickel abstaining and Council Member Valdivia voting No; In the matter of Luke Terry v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Nickel absent; In the matter of Alain Martinovic v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Nickel absent; In the matter of Jeffrey Northup v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Nickel absent. Under Agenda Item No. 1 B, anticipated litigation, significant exposure: In the matter of Quama Bradford v. City of San Bernardino, the Council gave settlement direction by vote of 7-0. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Olalia, the Council gave direction by vote of 7-0; In the matter of City v. Group /X BP Properties LP, the Council gave direction by vote of 7-0; In the matter of City v. Hector Ruiz, the Council gave direction by vote of 7-0; In the matter of City v. Bank of America, the Council gave direction by vote of 7-0; Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 2. Continued. In the matter of City v. SB TRS LLC, the Council gave direction by vote of 7-0. 3. Appointments 3A. Mayor's Office Approved Motion: Approve the appointment of Mr. Robert Jenkins to the Board of Building Commission as requested by Mayor R. Carey Davis. RESULT: MOVER: SECONDER: AYES: ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. Presentations 4A. Proclamation in honor of Inland Center Mall's 50th Anniversary— Mayor R. Carey Davis Arun Parmar and Terri Relf accepted a proclamation in honor of the Inland Center Mall's 50th Anniversary. 4B. Student of the Month — Daniel Lucas, San Andreas High School - Council Member Shorett Daniel Lucas was presented a certificate in recognition of his academic achievements. 4C. Citizen of the Month — Dr. Dorothy "Dottie" Garcia - Council Member Mulvihill Dottie Garcia was presented with a certificate honoring her as Citizen of the Month. 4D. Bankruptcy/Strategic Planning Update — Management Partners Andy Belknap of Management Partners provided an update on the City's bankruptcy case. 4E. Chamber of Commerce & Local Elected Officials Announcements Chamber member Lesley Stevens announced upcoming Chamber of Commerce events and activities. 5. Consent Calendar Council Member Marquez pulled Agenda Items 5D, 5E and 5H from the Consent Calendar for separate discussion. Council Member Valdivia pulled Agenda Item 5C to abstain. Council Member Nickel pulled Agenda Items 5K and 5L. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Approved Motion: RESULT: MOVER: SECONDER: AYES: Waive full reading of resolutions and ordinances on the agenda dated November 21, 2016. ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5B. City Clerk Council Minutes -- November 7, 2016 Approved Motion: Approve the minutes of the Mayor and Common Council meeting of November 7, 2016, as submitted. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. City Clerk ORD. MC -1432 - An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 8.90 Related to Mobile Home Rents. (FINAL READING) Approved Motion: Adopt the Ordinance. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvil- ABSTAIN: Valdivia C Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 5D. City Manager Resolution 2016-239 - 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 215 North D Street LLC for the Lease of Office Space. Agenda Items 5D and 5E were considered together, with speakers speaking on both items. Public Comments: Shirley Harlan, San Bernardino Brian Robin, San Bernardino Betty Jean Long, San Bernardino Ana Gonzalez, San Bernardino Danny Garcia, San Bernardino Leticia Chavez, San Bernardino Joseph Chastain, San Bernardino Tim Prince, San Bernardino Robert Porter, San Bernardino Approved Motion: Adopt the Resolution. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5E. City Manager Resolution 2016-240 - 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 Vanir Tower Building Incorporated for the Lease of Office Space. Public Comments: Shirley Harlan, San Bernardino Brian Robin, San Bernardino Betty Jean Long, San Bernardino Ana Gonzalez, San Bernardino Danny Garcia, San Bernardino Leticia Chavez, San Bernardino Joseph Chastain, San Bernardino Tim Prince, San Bernardino Robert Porter, San Bernardino Approved Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 ---- ---- _ ----- - -- -- _ _ __ _-------- RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5F. Civil Service Personnel Actions — Classified Approved 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 [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5G. Community Development Urgency Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Chapter 15.04 (Building Codes) Adopting by Reference the 2016 California Building Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, the 2016 California Residential Code, the 2016 California Green Building Code, the 2015 International Property Maintenance Code, the 2015 International Existing Building Code, the 2015 International Residential Code Appendix H, the 1997 Uniform Housing Code, the 1997 Uniform Administrative Code, and the 1997 Uniform Code for Abatement of Dangerous Buildings with Appendices and Local Amendments and Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Chapter 15.04 (Building Codes) Adopting by Reference the 2016 California Building Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, the 2016 California Residential Code, the 2016 California Green Building Code, the 2015 International Property Maintenance Code, the 2015 International Existing Building Code, the 2015 International Residential Code Appendix H, the 1997 Uniform Housing Code, the 1997 Uniform Administrative Code, and the 1997 Uniform Code for Abatement of Dangerous Buildings with Appendices and Local Amendments. (FIRST READING) K Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 u u Approved Motion: 1). Introduce an Urgency Ordinance to comply with the January 1, 2017 deadline; 2). Accept for first reading an Ordinance adopting the California Building Code by reference; and RESULT: MOVER: SECONDER: AYES: 3). Set a public hearing date for December 19, 2016 for consideration of adoption of the California Building Code by reference. ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5H. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Adopting a Categorical Exemption and Approving General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to Allow the Change of the General Plan Land Use Designation and Zoning District from Residential Suburban (RS) to Residential Medium High -20 (RMH-20) for the Development of a Fifty -One (51) Residential Unit Planned Unit Development on a Site Containing Approximately 3.57 Acres Located at 4630 North "F" Street (APN: 0265-191-17, 18 and 34) within the Sphere of Influence of the Unincorporated Area of the City of San Bernardino. (FIRST READING) Approved Motion: Introduce Ordinance approving the General Plan Amendment and Development Code Amendment and layover for final adoption. RESULT: ADOPTED [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Valdivia, Shorett, Richard, Mulvihill NAYS: Marquez, Barrios, Nickel, 51. Finance Approval of Commercial Checks and Payroll Checks Approved Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5J. Human Resources Resolution 2016-241 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Re -Establishment of the Director of Information Technology (U) Classification, Reaffirming the Job Description and Allocating Funding for the Position in the Fiscal Year 2016-2017. Approved Motion: Adopt the Resolution. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5K. Human Resources Personnel Actions — Unclassified Approved Motion: Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5L. Human Resources Resolution 2016-242 - Resolution of the City of San Bernardino Amending Resolution No. 6429, Entitled in Part "A Resolution . . . Establishing a Basic Compensation Plan for Officers And/Or Employees of the Police and Fire Departments of the City of San Bernardino." Approved Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5M. Human Resources Resolution 2016-243 - Resolution of the Mayor and Common Council of the City of San Bernardino Updating the Salary and Job Description for the Classification of Parks Maintenance Supervisor for the Parks, Recreation & Community Services Department. Approved Motion: Adopt the Resolution. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5N. Information Technology Resolution 2016-244 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Service Agreements and the Issuance of a Purchase Order to TelePacific Communications for MPLS Data Services. Approved Motion: Adopt the Resolution. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 50. Parks, Recreation & Community Services Resolution 2016-245 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submission of the Application for Youth Soccer and Recreation Development Program Grant Funds and Authorizing the Acceptance and Appropriation of the Grant Funds Upon Award. Approved Motion: Adopt the Resolution. A Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Staff Reports 6A. City Clerk Proposed New Dates for January 2017 MCC Meetings. Approved Motion: Change the Council Meeting dates for the month of January, 2017, to January 9 and January 23, 2017 at 2:00 p.m. RESULT: MOVER: SECONDER: AYES: ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Fred Shorett, Council Member, Ward 4 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6B. Council Office Discuss and Take Possible Action Regarding California Consulting, LLC Grant Writing Services. Approved Motion: Give direction to the City Manager to come back with a contract with California Consulting, LLC that uses the firm as they are needed for specific grants. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Public Comments on Items Not on the Agenda Karmel Roe, San Bernardino, said she had been watching the Council do nothing for years and she decried the blight in the City. Tim Sparks, San Bernardino, spoke about a FEMA program for training contractors to properly brace homes for earthquake retrofitting. Betty Jean Long, San Bernardino, spoke about gangs in the city and discussed how she had been robbed recently. Mayor and Common Council of the City of San Bernardino Page 11 Printed 11/21/2016 Joint Regular Meeting MINUTES November 21, 2016 Julia Vega, San Bernardino, spoke about the Carousel Mall and said that if earthquake safety was an issue then schools and other public buildings should be shut down too. Danny Garcia, San Bernardino, asked the Council to provide a formal statement on the situation regarding the protests in North Dakota. Robert Porter, San Bernardino, celebrated the winning vote on Measure O, a marijuana initiative. Shirley Harlan, San Bernardino, said the Council meeting process needed to be improved and said she would be following how well the board follows Roberts' Rules and Rosenberg's Rules for meetings. She also said the 011ie MacDonald Senior Showcase was set for March. Jim Smith, San Bernardino, urged his fellow citizens to read about the Sterling Natural Recourses plant and advised that it was not good for the community. 8. Items to be Referred to Council Committees Council Member Marquez asked that the issue of sidewalk memorials be referred to the Quality of Life committee. Council Member Nickel asked that the Council get an update on the rules of how they could support community events with their council budgets. Council member Valdivia said he had cancelled LRC meetings until January because of the pending move from City Hall. 9. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF 10. Adjournment At 7:40 p.m., the meeting adjourned in memory of Jack H. Brown, Stater Bros. Market Chairman and CEO. 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, December 5, 2016. B George n "Gigi" H nna, CMC City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 11/21/2016