Loading...
HomeMy WebLinkAbout05.B- City Clerk 5B4 DOC ID: 3599 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Information/Report From: Georgeann "Gigi" Hanna M/CC Meeting Date: 12/15/2014 Prepared by: Georgeann "Gigi" Hanna, Dept: City Clerk Ward(s): All Subject: Council Minutes of November 3, 2014; and November 17, 2014 (#3599) Current Business Registration Certificate: Not Applicable Financial Impact: None. Motion: Approve the Minutes of the Mayor and Common Council Meetings of November 3, 2014; and November 17, 2014. Supporting Documents: 11-03-2014 Jt. Reg. (Draft)_VM_LS_gh (DOC) 11-17-2014 Jt. Reg. (Draft))_VM_gh (DOC) Updated: 12/10/2014 by Georgeann "Gigi" Hanna Packet Pg; 10 City of San Bernardino Mayor R. Carey Davis r' 300 North ��D" Street Council Members a San Bernardino, CA 92418 Virginia Marquez Benito Barrios v .fi http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Rikke Johnson James L. Mulvihill c N .Q E DRAFT MINUTES > 0 Z 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 0 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY o M AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING (ni AS THE HOUSING AUTHORITY MONDAY, NOVEMBER 3, 2014 COUNCIL CHAMBER 0 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., Monday, November 3, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call N Attendee Name _ Title 0 Status Arrived V i Marquez Council Member, � � g� mber,Ward 1 resent P 2:00 m. ir ma Benito_J. Barrios # Council Member,Ward 2 Present 2:00 p.m.John Valdivia Council Member,Ward 3 Present 2:14 p.m. s Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member,Ward 5 Present 2:00 p.m. a Rikke Johnson 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. 0 1 Allen I City Manager Present 2:05 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 11 5 B.a Joint Regular Meeting Minutes November 3, 2014 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; City of Fontana, et al. v. State Board of Equalization, et al. - Alameda Superior Court, Case No. RG 14721676. T N B. Conference with legal counsel - anticipated litigation - significant exposure to litigation-pursuant to Government Code Section 54956.9(d)(2): E as Spring Trails Annexation Z One item-- former RDA properties w 3 _ C. Conference with legal counsel - anticipated litigation - initiation of litigation - M pursuant to Government Code Section 54956.9(d)(4): City v. Blue Mountain Homes v a) City v. Ramos n M City v. Schoenfeld Cn City v. Forscom Ji City v. Washington; Styles L D. Closed Session-personnel -pursuant to Government Code Section 54957. d 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 v public facilities -pursuant to Government Code Section 54957. o N F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. w _ G. Conference with real property negotiator - pursuant to Government Code Section E 54956.8. Closed Session Announcement Q City Attorney Saenz announced that during closed session, the Council voted unanimously to give direction for negotiations regarding payment of liabilities related to the disposition of former RDA properties. In the matter of City v. Blue Mountain Homes, the Council voted unanimously to give direction for negotiations. In the matter of City v. Ramos, the Council voted unanimously to give direction for negotiations. Mayor and Common Council of the City of San Bernardino Page 2 Packet Pg. 12.! Joint Regular Meeting Minutes November 3, 2014 In the matter of City v. Schoenfeld, the Council voted unanimously to give direction for negotiations. In the matter of City v. Forscom, the Council voted unanimously to give direction for negotiations. In the matter City v. Washington, the Council voted unanimously to give direction for negotiations. CD T N Reading of Resolutions and Ordinances d Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on E the agenda. o Z Invocation/Pledge of Allegiance The invocation was given by Elder Crossett from The Church of Jesus Christ of Latter-Day 3 Saints. The Pledge of Allegiance was led by Jessi Ortiz, a fifth grade student from Mt. Vernon = Elementary School. 2. Appointments 0 There were no commission appointments. CD 0) LO 3. Presentations 3A. Ninth Street Park KaBOOM! Build -- PowerPoint Presentation by Mickey Valdivia, _ji Director of Parks, Recreation & Community Services (Delayed until November 17, 2014.) L 4. Announcements -- Chamber of Commerce & Elected Officials d 5. Consent Calendar T 0 N 5A. City Clerk o Waive Full Reading of Resolutions and Ordinances T .F+ Public Comments: Joe Ortiz, San Bernardino a Motion: Waive full reading of resolutions and ordinances on the agenda dated November 3, 2014. Mayor and Common Council of the City of San Bernardino Page 3 4 Packet ft` 13 5 B. Joint Regular Meeting Minutes November 3, 2014 j RESULT: ADOPTED [UNANIMOUS] 0:28:581 MOVER: James Mulvihill, Council Member,Ward 7 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill 5B. City Manager RES. 2014-376 - Resolution of the Mayor and Common Council of the City of San r Bernardino Acting as the Successor Agency to the San Bernardino Redevelopment �°, Agency Approving the Second Amendment to the Professional Services Agreement with CD James P. Morris. E d Public Comments: Z Ron Coats, San Bernardino Jay Lindberg, San Bernardino 3 Joe Ortiz, San Bernardino = Motion: Adopt the Resolution. 0 U RESULT: ADOPTED [5 TO 2] 0:32:04 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Shorett,Nickel,Johnson, Mulvihill I Cn� NAYS: Benito J. Barrios,John Valdivia 5C. City Manager a RES. 2014-377 - Resolution of the Mayor and Common Council of the City of San ° Bernardino Amending the 2014-2015 Community Development Block Grant Budget (Fund 119) to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. 0 Motion: Adopt the Resolution. M 0 RESULT: ADOPTED [6 TO 11 0:55:23 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia Q 1 Time indicates time of motion/second, according to meeting DVD on file in the Clerk's office. Mayor and Common Council of the City of San Bernardino Page 4 IPacket Pg. 14 Joint Regular Meeting Minutes November 3, 2014 5D. City Manager RES. 2014-378 - Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2014-2015 Emergency Solutions Grant Budget(Fund 116)to Reflect the Amounts Approved by the Mayor and Common Council on April 21, 2014 in the 2014-2015 Action Plan. Council Member Shorett made a motion to adopt the Resolution. Motion died for lack of second. 0 Council Member Shorett stated he was withdrawing his motion and suggested that 5J be N moved ahead of 51). a E Motion: Adopt the Resolution. o Z RESULT: ADOPTED 14 TO 31 01:01 556 2 MOVER: Virginia Marquez, Council Member, Ward 1 E SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia, Fred Shorett, Henry Nickel v LO LO City Manager Parker indicated that there were three accounts listed on Page 30 that should all read account#5502. The amount should read$364,510.Council Member Shorett stated that the amounts did not add up. co J Chief Assistant City Attorney Grider stated that they needed to reconsider the item. i Motion: To reconsider the item. L RESULT: ADOPTED [UNANIMOUS] 03:25:17 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 0 N f AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill M -. - -------- ---- - - - ___ .___. ---- - _---- -- .- ---- ------ J o T P Brandon Mims, Project Manager/Assistant of the City Manager explained that item 51) is an allocation of the Emergency Solutions Grant funding into the budget. Item 5J is the determination on what Council is going to do with that RFP. The money should be a allocated into the budget as a result of the adoption of the Action Plan. Mr. Mims stated that if Council didn't allocate 51) and then approved 5J, they would have to come back and approve 51) because right now there is no budget entry for the Access Center. Chief Assistant City Attorney Grider clarified that Council can approve 51) without approving 5J,but Council cannot approve 5J without approving 51). Mayor and Common Council of the City of San Bernardino Page 5 / Pac ket;Pg. IS>_ Joint Regular Meeting Minutes November 3, 2014 Motion: To continue to November 17, 2014. RESULT: FAILED [3 TO 4] 03:30:44 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: John Valdivia, Fred Shorett,Henry Nickel NAYS: Virginia Marquez,Benito J. Barrios,Rikke Johnson, James Mulvihill .................................. ... ............................................................................. CD N Motion: To exclude Section I and modify Section 2 to include account numbers as revised on the new resolution. E RESULT: ADOPTED [4 TO 3] 03:34:09 0 Z MOVER: Rikke Johnson, Council Member,Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 2 AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia, Fred Shorett, Henry Nickel 0 5E. City Manager RES. 2014-379 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for the Lease of City Owned Property at Wildwood Park; and Authorizing and Directing the Mayor to Execute an Easement for Electric Utility Purposes to Southern California Edison Company. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill Motion: To reconsider the item. 9 RESULT: ADOPTED [UNANIMOUS] 03:35:42 : MOVER: John Valdivia, Council Member, Ward 3 E SECONDER: Henry Nickel, Council Member,Ward 5 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill Motion: To have payments mailed to the Finance Department instead of Public Works. Mayor and Common Council of the City of San Bernardino Page 6 'I Packet Pg. 16 53.4- Joint Regular Meeting Minutes November 3, 2014 —-- - ---- — ----- ---------- -- --- -_ -- — RESULT: ADOPTED [UNANIMOUS] 03:36:42 03:36:4 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill 5F. Civil Service Personnel Actions- Classified v T N Public Comments: Joe Ortiz, San Bernardino c E Jay Lindberg, San Bernardino 0 Z 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. U 7 RESULT: ADOPTED [6 TO 11 01:14:07 U j MOVER: Fred Shorett, Council Member, Ward 4 CD SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel,Johnson, Mulvihill NAYS: John Valdivia CI ................ ...... --.....- __.._.. - .... _ — i 5 5G. Community Development >i w RES. 2014-380 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Consultant Services Agreement with Eco Tierra Consulting, Inc. to Prepare a Comprehensive Development Code Update. Motion: Adopt the Resolution. T RESULT: ADOPTED [UNANIMOUS] 00:26:49 N MOVER: John Valdivia, Council Member, Ward 3 c SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill E 5H. Finance Approval of Commercial Checks and Payroll Checks Q 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 7 Packet.Pg:17, . Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 00:26:49 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 L AYES: _ Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill 51. Library RES. 2014-381 - Resolution of the Mayor and Common Council of the City of San �+ T Bernardino Authorizing and Directing the Director of Finance to Amend the FY 2014-15 N Budget by Allocating Previously Unallocated Verizon E-Rate Revenue of $10,000 to Account 105-470-0001-5181 —Library Administration Other Operating Expenses. E d Motion: Adopt the Resolution. z RESULT: ADOPTED [UNANIMOUS] 00:26:49 r MOVER: John Valdivia, Council Member,Ward 3 = SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 3 O U 5J. Mayor's Office RES. 2014-382 - Resolution of the Mayor and Common Council of the City of San M Bernardino Authorizing the City Manager to Enter into Negotiations with Mercy House Living Centers of Santa Ana for the Operation of the Service Access Center; Allocating rn $200,000 of HUD-ESG Funds to Mercy House Living Centers; and Designating City- Owned Property at 241 E. 9th Street for Use as the Central Drop-In/Service Access �� Center. 1 Larry Haines, Executive Director of Mercy House Living Centers provided a o presentation of the operation of their agency. d, a� Public Comments: Josie Gonzales, County Board of Supervisors r Kent Paxton, Homeless Policy Advisor for Supervisor Gonzales N Joe Ortiz, San Bernardino 0 Sandra Owen-Olivas, San Bernardino r Major Daniel Henderson, Salvation Army, San Bernardino c Carl Dameron, San Bernardino E Shirley Harlan, San Bernardino 0 Kim Carter, San Bernardino 4 Sal Vasquez, San Bernardino Jay Lindberg, San Bernardino Motion: Adopt the Resolution. 0 Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg :18 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [4 TO 31 03:14:45 1 MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: Rikke Johnson,Council Member, Ward 6 f AYES: Virginia Marquez, Benito J. Barrios, Rikke Johnson, James Mulvihill NAYS: John Valdivia, Fred Shorett, Henry Nickel 5K. Mayor's Office �r T RES. 2014-383 - Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing the City Manager to Execute a Co-Application for Federal EDA Grant Funds with Loma Linda University Health for the Gateway Health Training d Campus. c Z Public Comments: N Ken Breyer, Loma Linda University Motion: Adopt the Resolution. _--__ ___- - --- -------- - - - RESULT: ADOPTED [UNANIMOUS] 03:50:58 MOVER: John Valdivia, Council Member, Ward 3 LO j SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill a N i 5L. Parks,Recreation & Community Services RES. 2014-384 - Resolution of the Mayor and Common Council of the City of San > Bernardino Authorizing the Execution of a Contract Employment Agreement Between the City of San Bernardino and Brian Turnbull for Capital Improvement Project ° Management Services. (Continued from October 6, 2014.) Motion: Adopt the Resolution. �r RESULT: ADOPTED [UNANIMOUS] 04:28:02 MOVER: Fred Shorett, Council Member,Ward 4 c SECONDER: James Mulvihill, Council Member, Ward 7 r AYES: Marquez, Barrios, Shorett,Nickel,Johnson,Mulvihill ABSENT John Valdivia E �. .._.......... _ _..._... _ --- ....... w 5M. Police Q RES. 2014-385 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Transfer of$25,000 from the Shelter Improvement Deposit Account 772-2357 to Animal Control Revenue Account 124-210-0000*4690 and Amending the FY2014/2015 Budget for Shelter Repairs and Improvements. Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 9 Packet Pg. 19 Joint Regular Meeting Minutes November 3, 2014 RESULT: ADOPTED [UNANIMOUS] 04:28:05 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 5N. Police T RES. 2014-386 - Resolution of the Mayor and Common Council of the City of San N Bernardino Authorizing Upgrades to the City's Public Safety Answering Point (PSAP) 911 Telephone System and Supporting Equipment. d Motion: Adopt the Resolution. Z RESULT: ADOPTED [UNANIMOUS] 04:28:05 w MOVER: Fred Shorett, Council Member, Ward 4 _ SECONDER: James Mulvihill, Council Member,Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia ° Ln U 50. Treasurer's Office Treasurer's Office Portfolio Report for the Month of September 2014 Motion: Receive and file. to RESULT: ADOPTED [UNANIMOUS] 00:26:49 >1 MOVER: John Valdivia, Council Member, Ward 3 L SECONDER: Fred Shorett, Council Member, Ward 4 0 AYES: Marquez,Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 6. Staff Reports o N M O 6A. City Clerk Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 2.30.020 of the San Bernardino Municipal Code Regarding the Fine Arts Commission. (FIRST READING) w Y Public Comments: a Joe Ortiz, San Bernardino Motion: Lay over Ordinance for final adoption. Mayor and Common Council of the City of San Bernardino Page 10 Packet Pg.20 5�B a Joint Regular Meeting Minutes November 3, 2014 RESULT: FIRST READING [UNANIMOUS] Next: 11/17/2014 2:00 PM MOVER: Rikke Johnson, Council Member, Ward 6 04:29:50 SECONDER: James Mulvihill, Council Member,Ward 7 AYES: Marquez,Barrios, Shorett,Nickel, Johnson, Mulvihill ABSENT: John Valdivia 6B. City Manager r RES. 2014-387 - Resolution of the Mayor and Common Council of the City of San c°� Bernardino Authorizing the City Manager to Enter into Negotiations with Time for Q Change Foundation for Construction of the "Phoenix Village" Affordable Housing d Project Using Home Investment Partnership Funds. o Z Public Comments Nicole Wolfe, San Bernardino Motion: Adopt the Resolution awarding a contract to Time for Change foundation for the proposed affordable housing project_._ RESULT: ADOPTED [UNANIMOUS] _ 04:31:29 0 MOVER: Virginia Marquez, Council Member, Ward 1 a) SECONDER: James Mulvihill, Council Member, Ward 7 y AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill rn ABSENT: John Valdivia Cn J i 6C. Community Development w Resolution of the City of San Bernardino Making Application to the Local Agency o Formation Commission for San Bernardino County for the Reorganization to Include Annexation of 379.2 Acres to the City of San Bernardino and Detachment from the San Bernardino County Fire Protection District, Its Valley Service Zone and County Service Area 70 of Unincorporated Territory Located in the Unincorporated Area of Verdemont in the Foothills of the San Bernardino Mountains, North of Meyers Road and Northwest N of the Northerly Terminus of Little League Drive (APNs 0348-071-05, -06, -07, -09 & - M 10; 0348-101-50; 0348-111-03, -04, -07, -08, -09, -30, -36 & -47 through -50). (Continued from October 20, 2014.) c d Public Comments: Richard Kaplan, San Bernardino Lynette Kaplan, San Bernardino L Buck Mau, Devore Heights Joe Ortiz, San Bernardino Judy O'Neill, San Bernardino Monica Soares, San Bernardino Arlean Potter, San Bernardino Jeff Weber, Rep. for Montecito Equities, Ltd. Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg.21 F71----] Joint Regular Meeting Minutes November 3, 2014 Motion: Adopt the Resolution. RESULT: FAILED [2 TO 4] 04.50:45 MOVER: Fred Shorett. Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward I A IF AYES: Twarquez, Shorett NAYS: Barrios,Nickel, Johnson, Mulvihill ABSENT: John Valdivia CD N 6D. Police An Ordinance of the City of San Bernardino Adding San Bernardino Municipal Code E Section 10.16.290 Requiring a Private Property Vehicle Impound Report and Fee. 0 FIRST READING) Z RES. 2014-388 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing a Private Property Tow Fee Pursuant to San Bernardino Municipal Code Section 10.16.290. Motion: Adopt the Resolution; and lay over Ordinance for final adoption. 0 CD RESULT: FIRST READING [UNANIMOUS] Next: 11/17/2014 2:C MOVER: Fred Shorett, Council Member, Ward 4 04:53:02 i co SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett,Nickel, Johnson,Mulvihill > ABSENT: John Valdivia 7. Public Comments on Items Not on the Agenda rr Paul Sanborn, San Bernardino, spoke about the San Bernardino Airport and against Measure Q. C)N M 9 Jennifer Allen, San Bernardino, spoke about paying outside agencies for utilities instead of keeping in the City. E Margie Gutierrez, San Bernardino, spoke on the homeless and also asked about efforts to get street lights fixed in her neighborhood. Robert Porter, San Bernardino, spoke against Measure Q, his support of Paul Chabot and thanked the veterans for their service. Ron Coats, San Bernardino, spoke against personal agendas, and against Measure Q as a 0 way to get the City out of bankruptcy. Mayor and Common Council of the City of San Bernardino Page 12 Packet 2 5.B.a Joint Regular Meeting Minutes November 3, 2014 Kent Paxton, San Bernardino, invited the Mayor and Common Council to the County of San Bernardino Fifth District Community Vital Signs meeting at the National Orange Show next week,where they will be looking at education, economy, and access to health. Shirley Harlan, San Bernardino, urged people to vote on November 4. She said she was supportive of 1.�Ieasu. Q. Scott Olson, San Bernardino, spoke against changing Charter Section 186 and said the Council had not worked actively to change and improve the situation. �+ 0 N L Joe Ortiz, San Bernardino, said no officer or firefighter in the City has the assurance that they are going to go home after their shift, unlike the Council. He said the Council is divisive and duplicitous. z Jay Lindberg, San Bernardino, stated that the streets were as dangerous in San Bernardino before the lay-offs and the bankruptcy. He said if people want more cops, the c best thing they could do is to bring industry back to the City. c Barbara Babcock, San Bernardino, spoke in support of Cheryl Brown for Assembly; c U Hardy Brown II for San Bernardino County Board of Education; Joseph Williams for San Bernardino Valley College Board of Trustees, and in favor of Measure Q. CD M 8. Items to be Referred to Council Committees Council Member Johnson requested that public speaking time limits be referred to the Ni Legislative Review Committee for discussion. 9. Adjournment The meeting adjourned at 9:29 p.m. The next joint regular meeting of the Mayor and o 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,November 17, 2014. v GEORGEANN "GIGI"HANNA CD City Clerk o By Valerie R. Montoya Deputy City Clerk a Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg:23 O City of San Bernardino Mayor R. Carey Davis „ „ 300 North D Street Council Members c � San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbeity.org John Valdivia Fred Shorett � F ♦� Henry Nickel Rikke Johnson James L. Mulvihill d r O N L .Q DRAFT MINUTES E 0 JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL Z OF THE CITY OF SAN BERNARDINO v, d MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY U C MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING o AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY v rn AND a) M MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY,NOVEMBER 17, 2014 i COUNCIL CHAMBER a 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, November 17, 2014, in the Council Chamber, 300 North "D" Street, San Bernardino, California. Roll Call o N ti r 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 2:00 p.m. Fred Shorett Council Member,Ward 4� --F Present 2:00 p.m. w Henry Nickel Council Member,Ward 5 Present 2:00 p.m. Rikke Johnson 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. Allen Parker City Manager Present 2:00 p.m. Gary D. Saenz City Attorney i Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 P ' g i�� � .� Joint Regular Meeting Minutes November 17, 2014 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; MJ Dispensary, Inc. v. City of San Bernardino, et al. - San Bernardino Superior _ Court, Case No. CIVDS 1415372; 0 N L Green Haven Collective v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1415620; 0 z Real Kind Meds v. City of San Bernardino, et al. - San Bernardino Superior Court, ; Case No. CIVDS 1415619; a 0 c Donald Sipple, et al. v. City of Alameda, et al. -Los Angeles Superior Court, Case No. BC 462270; 0 Samir Riad v. City Council - San Bernardino Superior Court, Case No. v CIVDS 1405220; L; a� M Los Angeles Engineering, Inc. v. San Bernardino Economic Development 0 Corporation - San Bernardino Superior Court, Case No. CIVDS 1210197. >� i B. Conference with legal counsel—anticipated litigation- significant exposure to litigation- Government Code Section 54956.9(d)(2). o C. Conference with legal counsel—anticipated litigation- Initiation of litigation- Pursuant to Government Code Section 54956.9(d)(4): v T 0 City v. Fyad Enterprises, Inc. ti T D. Personnel-Pursuant to Government Code Section 54957. c d E. Closed Session with Chief of Police on matters posing a threat to the security of E public buildings or threat to the public's right of access to public services or public facilities - Pursuant to Government Code Section 54957. Q F. Conference with labor negotiator - Pursuant to Government Code Section 54957.6. G. Conference with real property negotiation - Pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Page 2 P,'-,- ,^^r�° "Packet Pg. 25 Joint Regular Meeting Minutes November 17, 2014 Closed Session Announcement City Attorney Saenz announced that the following two items were discussed in closed session wherein it was determined by unanimous vote of the Council that the need for immediate action be taken: 1) Allison Mechanical v. San Bernardino Economic Development Corporation 2) Aspen Builders, Inc. v. Regal Cinemas In the matter of Allison Mechanical v. San Bernardino Economic Development Corporation, the Council voted unanimously to give settlement direction to the City Attorney's office. �r T N In the matter of Aspen Builders, Inc. v. Regal Cinemas, the Council voted by consensus to give D settlement direction to the City Attorney's office. E (D In the matter of Samir Riad v. City Council, the Council gave settlement negotiation direction by z° a vote 5-1. o, a� In the matter of Los Angeles Engineering, Inc. v. San Bernardino Economic Development c Corporation,the Council gave settlement direction by unanimous vote. U c Reading of Resolutions and Ordinances V Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on CD the agenda. C; v Invocation/Pledge of Allegiance ° The invocation was given by Reverend Floyd Lofton of New Hope Missionary Baptist Church. >1 The Pledge of Allegiance was led by Council Member Henry Nickel. w 0 2. Appointments There were no commission appointments. v 3. Presentations o N ti T 3A. Student of the Month -- Patrick Williams — San Andreas High School -- Council r Member Shorett c m E 3B. KaBOOM! Build at 9th Street Park--Mickey Valdivia r a 3C. Certificate of Recognition for Lt. Rich Lawhead 31). Certificate of Appreciation for DisAbility Festival 4. Announcements -- Elected Officials & Chamber of Commerce 5. Consent Calendar Mayor and Common Council of the City of San Bernardino Page 3 P Packet;Pg. 26 Joint Regular Meeting Minutes November 17, 2014 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Public Comments: Joe Ortiz, San Bernardino Jay Lindberg, San Bernardino Motion: Waive full reading of resolutions and ordinances on the agenda dated November 17, 2014. RESULT:SULT: ADOPTED [UNANIMOUS] 00:19:201 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill Z N d 5B. City Clerk c ORD. MC-1408 Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 2.30.020 of the San Bernardino Municipal Code Regarding the Fine Arts Commission. (FINAL READING) o U Public Comments: o� Joe Ortiz, San Bernardino M Dorothy Garcia, San Bernardino Motion: Adopt the Ordinance. i - ..........._. ---... ....... - ._ - ................ RESULT: ADOPTED [6 TO 11 00:31:13 0 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member,Ward 6 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia c N ti r 5C. City Manager RES. 2014-389 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement E Between the City of San Bernardino and Revenue and Cost Specialists, LLC for a Cost 0 Allocation Plan and User Fee Study. w a Public Comments: Joe Ortiz, San Bernardino Jay Lindberg, San Bernardino Timestamp indicates when motion/second were made,according to the meeting video on the City website. Mayor and Common Council of the City of San Bernardino Page 4 P _Packet Pg. 27 5.B.b Joint Regular Meeting Minutes November 17, 2014 0 Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 31 00:55:30 MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez,Benito J. Barrios, Fred Shorett, James Mulvihill NAYS: John Valdivia, Henry Nickel,Rikke Johnson r -- o N L 5D. City Manager RES. 2014-390 - Resolution of the Mayor and Common Council of the City of San Bernardino Correcting the City Manager's 2014-2015 Neighborhood Stabilization z° Program Budget (Funds 120 and 122) to Reflect the Amounts Approved by the City Council on April 21, 2014 in the 2014-2015 Action Plan. a S Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:15:20 v MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: John Valdivia, Council Member,Ward 3 M AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill a� 5E. Civil Service >i Personnel Actions - Classified L 0 Public Comments: a, Joe Ortiz, San Bernardino Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies N adopted by the Mayor and Common Council of the City of San r Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Johnson,Council Member, Ward 6 w SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5F. Finance Approval of Checks Warrants and Payroll Checks 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 5 P F--,--1 4 4 fn� Pac'k'et Pg.28 5 B.b n Joint Regular Meeting Minutes November 17, 2014 RESULT: ADOPTED [UNANIMOUS] 00:15:20 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson,Mulvihill 5G. Finance 0 RES. 2014-391 - Resolution of the Mayor and Common Council of the City of San N Bernardino Acting as the Successor Agency to the Redevelopment Agency of San Bernardino, Authorizing the Execution of Amendment No. 2 to the Agreement for Auditing Services Between Rogers Anderson Malody and Scott for Economic z Development Agency/ Successor Agency Audit Services. ; a� Y Nita McKay, Deputy City Manager, explained the audit process. _ Allen Parker, City Manager stated that the audits would have to be done by July 1, 2015 in order to close out bankruptcy and without the audits we can't close out bankruptcy. c U Public Comments: Joe Ortiz, San Bernardino M Scott Olsen, San Bernardino Al Palazzo, San Bernardino Motion: Adopt the Resolution. w �o L RESULT: ADOPTED [6 TO 11 03:15:16 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett,Nickel, Johnson,Mulvihill N NAYS: John Valdivia r .V 5H. Finance RES. 2014-392 - Resolution of the Mayor and Common Council of the City of San s Bernardino Authorizing the Execution of Amendment No. 4 to the Agreement for r Auditing Services by and Between the City of San Bernardino and Rogers Anderson Q Malody and Scott for the Provision of Auditing Services. Public Comments: Joe Ortiz, San Bernardino Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 P " Packet Pg:29 Joint Regular Meeting Minutes November 17, 2014 RESULT: ADOPTED [6 TO 11 03:30:47 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez,Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia —._.. ._--- ---- -- -- — -— ... .. --— --- T 0 5I. Fire `4 RES. 2014-393 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Vendor Purchase Agreement and Issuance of a Purchase Order to Kalmikov Enterprises Inc., Dba Fire Apparatus Solutions, for the z° ] Aerial Rotation Bearing Replacement on Fire Unit#T-2. fr! Q a+ Motion: Adopt the Resolution; and authorize the amendment to the Fire Department's FY 2014-2015 Adopted Budget to reflect the expenditures as outlined in the staff report. 0 RESULT: ADOPTED [UNANIMOUS] 00:15:20 MOVER: Virginia Marquez, Council Member,Ward 1 M SECONDER: John Valdivia, Council Member,Ward 3 L AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill ° 5J. Information Technology RES. 2014-394 - Resolution of the Mayor and Common Council of the City of San o Bernardino Authorizing the Execution of an Agreement and the Issuance of a Purchase a, Order in the Amount of $51,000 to TelePacific Communications for Primary Rate Interface Phone Connections. Motion: Adopt the Resolution. N ti T RESULT: ADOPTED [UNANIMOUS] 00:15:20 MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill 5K. Parks,Recreation & Community Services RES. 2014-395 - 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 Youthpower Community Solutions for Shared Use of the Facilities at the Norton Galaxy Building, Gymnasium, and Norton Annex. Public Comments: Betty Jean Long, San Bernardino Mayor and Common Council of the City of San Bernardino Page 7 P Packet Pg. 30 Joint Regular Meeting Minutes 'November 17, 2014 Rich Wallace, Instructor, Black Chamber of Commerce Leyland Palmer,Executive Director for YouthBuild Linda Hart, Executive Director,African American Mental Health Coalition Eleanor Torres, Representative for Incredible Edible Community Garden and Integrated Infrastructures Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:39:29 r MOVER: Virginia Marquez, Council Member, Ward 1 `L SECONDER: John Valdivia, Council Member,Ward 3 -° E AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson,Mulvihill o ------ — - — ---- Z 5L. Parks,Recreation & Community Services RES. 2014-396 - 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 Youthpower Community Solutions for Use of Nicholson Community Center. c U Public Comments: c, Betty Jean Long, San Bernardino M Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:45:57 MOVER: Rikke Johnson, Council Member, Ward 6 0 SECONDER: James Mulvihill, Council Member, Ward 7 6) AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill - __ _ --- -- -- _ .--...:_. --._.._ ....-_._— -- - -- 5M. Police N ORD. MC-1409 - An Ordinance of the City of San Bernardino Adding San Bernardino r Municipal Code Section 10.16.290 Requiring a Private Property Vehicle Impound Report and Fee. (FINAL READING) d Public Comments: Betty Jean Long, San Bernardino Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 8 P ' Packet Pg;3'1, Joint Regular Meeting Minutes November 17, 2014 ----------- ------ ................_l tar RESULT: ADOPTED [UNANIMOUS] 03:50:05 l MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson ABSENT: James Mulvihill 5N. Police RES. 2014-397 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Service Agreement and Issuance of a E Purchase Order to Law Enforcement Medical Services, Inc., for Evidence Collection Not to Exceed$80,000 for FY 2014/2015 with Three Optional Renewal Years. 0 Z Public Comments: Betty Jean Long, San Bernardino S Motion: Adopt the Resolution. 0 0 RESULT: ADOPTED [UNANIMOUS] 03:52: MOVER: Fred Shorett, Council Member, Ward 4 Lo SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson ABSENT: James Mulvihill > 50. Public Works RES. 2014-398 - Resolution of the Mayor and Common Council of the City of San 6 Bernardino Authorizing and Directing the Director of Finance to Appropriate $50,000 to Account No. 126-400-0088-5111 "Materials & Supplies" from Previously Unallocated HUTA(Gas Tax) Funds (Fund 126), and Amend the FY 2014-15 Budget Accordingly. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 0 E MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 .2 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill 5P. City Manager Resolution of the Mayor and Common Council Authorizing a Request for Proposal from the San Bernardino County Sheriffs Department for the Provision of Law Enforcement Services and Authorizing the City Manager to Coordinate with the Sheriffs Department 0 to Provide Any Information Required to Formulate the Proposal. Public Comments: Mayor and Common Council of the City of San Bernardino Page 9 PF'-'- Joint Regular Meeting Minutes November 17, 2014 Joe Ortiz, San Bernardino Juan Figueroa, San Bernardino Scott Olson, San Bernardino Jay Lindberg, San Bernardino Motion: Table. RESULT: TABLED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member,Ward 3 0 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill d E CD 5Q. Public Works o RES. 2014-399 - Resolution of the Mayor and Common Council of the City of San z Bernardino Authorizing and Directing the Director of Finance to Appropriate an Additional $100,000 to Account No. 126-400-0088-5505 "Other Professional Services" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014- 15 Budget Accordingly; Authorize the Execution of a First Amendment to the Agreement U with Environmental Project Services, Inc.; and Increase Annual Purchase Order No. o 2015-26 for an Amount Not to Exceed $300,000 for Concrete Maintenance Services. v a� Motion: Adopt the Resolution. M RESULT: ADOPTED [UNANIMOUS] 00:15:20 MOVER: Virginia Marquez, Council Member, Ward 1 >1 SECONDER: John Valdivia, Council Member,Ward 3 L AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Johnson,Mulvihill a� 5R. City Manager Personnel Actions -Unclassified 0 Motion: Table. RESULT: TABLED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 E SECONDER: John Valdivia, Council Member, Ward 3 0 AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill a Mayor and Common Council of the City of San Bernardino Page 10 P Packet.Pg.`33 Joint Regular Meeting Minutes November 17, 2014 5S. Public Works RES. 2014-400 - Resolution of the Mayor and Common Council of the City of San �= Bernardino Authorizing and Directing the Director of Finance to Appropriate an Additional $200,000 to Account No. 126-400-0092-5502 "Professional/Contractual Services" Using Previously Unallocated HUTA (Gas Tax) Funds (Fund 126); Amend the FY 2014-15 Budget Accordingly; Authorize the Execution of a First Amendment to the Agreement with Quality Light and Electrical; and Increase Annual Purchase Order No. 2015-61 for an Amount Not to Exceed $400,000 for Street Light Repair Services. Motion: Adopt the Resolution. T 0 N L d RESULT: ADOPTED [UNANIMOUS] 00:15:20 CD MOVER: Virginia Marquez, Council Member,Ward 1 0 Z SECONDER: John Valdivia, Council Member, Ward 3 CD AYES: Marquez, Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill c 5T. Successor Agency RES. 2014-401 - Resolution of the Mayor and Common Council of the City of San o 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 M at 3727 Shandin Drive, San Bernardino, California. a� i Motion: Adopt the Resolution. ......... ._.......... _.-...... ---. -- ---- - ---- — __ ..-..-.._ .... ...................._......, L RESULT: ADOPTED [UNANIMOUS] 03:54:35 o MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill v 0 N ti 6. Public Hearings T w 6A. City Manager a Public Hearing on Preparation and Planning for the City's 2015-2020 Consolidated Plan. w Mayor Davis opened the hearing. Q Veronica Tam presented an overview of the City's 2015-2000 Consolidated Plan. Consensus: Receive and file. Mayor and Common Council of the City of San Bernardino Page 11 P Packet Pg.34, 5 B; Joint Regular Meeting Minutes November 17, 2014 I, RESULT: ADOPTED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez,Barrios,Valdivia, Shorett,Nickel,Johnson, Mulvihill 7. Staff Reports 7A. City Manager RES. 2014-402 - Resolution of the Mayor and Common Council of the City of San c Bernardino Authorizing the Execution of a Consultant Services Agreement with L Management Partners, Inc. Related to the Bankruptcy Recovery Plan. m 0 Z City Manager Allen Parker explained Management Partners, Inc. proposed contract. t!J d Andrew S. Belknap, Regional Vice President of Management Partners, Inc. explained the process for bringing forward a recovery plan. He indicated that the contract amount 2 would be for approximately 4-6 months of work. 0 Gary Saenz, City Attorney stated that the primary purpose and the primary goal of v those working on the bankruptcy was to restore full services to the people of San LO Bernardino and resurrect the City. Mr. Saenz stated that we are at a crucial stage and we will probably be appearing in court where it is anticipated that Judge Jury may impose = on this City a natural deadline for the City to file and submit a proposed plan of adjustment. Mr. Saenz stated that that will take a lot of work and effort on our part involving a lot of professionals, a lot of ideas and visioning as anticipated by Management Partners, Inc. to develop a Plan of Adjustment whereby the primary objective is to restore full services to our citizens. Mr. Saenz stated that we had to do ° everything we could to accomplish this at this time. Mr. Saenz said that we could not be d' short sighted and we could not falter in that endeavor. He believed wholeheartedly that one of the things the City needs going forward and progressing through our bankruptcy is a coordinated effort of all of the professionals that are working on this bankruptcy. o N Mr. Saenz stated that there are a lot of talented and knowledgeable people trying to get r this City righted in terms of our financial situation. He said that one of the things that we were lacking was a strong coordinated effort which he believed Management Partners, Inc. could bring to the table and would allow us to proceed through our E bankruptcy. Mr. Saenz stated that we are at a crucial stage and we need the services that Manager Partners, Inc., are going to provide. He strongly urged the Q Council to approve our City Manager's recommendation that we hire this firm to help us get through the process. Public Comments: Jay Lindberg, San Bernardino Roxanne Williams, San Bernardino Al Palazzo, San Bernardino Richard Castro, San Bernardino Ron Sellers, San Bernardino Mayor and Common Council of the City of San Bernardino Page 12 P °�° Packet Pg.35 5.B.6 Joint Regular Meeting Minutes November 17, 2014 Motion: Adopt the Resolution. RESULT: ADOPTED [6 TO 11 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Rikke Johnson, Council Member, Ward 6 AYES: Marquez, Barrios, Shorett,Nickel, Johnson, Mulvihill NAYS: John Valdivia 0 N L M E d O 7B. Council Office Z Quarterly Public Bike Ride Event Motion: Continue to January 5,2015. RESULT: CONTINUED [UNANIMOUS] Next: 1/5/2015 2:00 PM c MOVER: James Mulvihill, Council Member, Ward 7 v SECONDER: Rikke Johnson, Council Member, Ward 6 Ln f AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Johnson, Mulvihill I 7C. Council Office > Refer the Item of Fireworks to the Appropriate Council Committee for DiscussionI �o L 0 Public Comments: Randy Amen, Highland d Scott Olson, San Bernardino Jim Smith,Highland Al Palazzo, San Bernardino c N ti Council Member Shorett made a motion, seconded by Council Member Nickel to refer the item to the Legislative Review Committee. No vote was taken. w d Motion: Refer the item of Fireworks to the Ways and Means Committee. w w RESULT: FAILED [2 TO 51 a MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia NAYS: Barrios, Shorett,Nickel, Johnson, Mulvihill Motion: Refer the item of Fireworks to the Legislative Review Committee. Mayor and Common Council of the City of San Bernardino Page 13 P 4 4 Packet Pg. 36 Joint Regular Meeting Minutes November 17, 2014 RESULT: ADOPTED [6 TO 11 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett,Nickel,Johnson, Mulvihill NAYS: Virginia Marquez 7D. Parks,Recreation & Community Services RES. 2014-403 - Resolution of the Mayor and Common Council of the City of San c Bernardino Authorizing the Issuance of a Request for Proposals for the Design and Construction of Outdoor Basketball Courts and Other Renovations at Nunez Park in the d City of San Bernardino. 0 Z Mickey Valdivia, Director of Parks, Recreation, and Community Services explained ; improvements and renovations. w c Motion: Adopt the Resolution. U .... _.... .....---.... - -----. _...- ..---..._._.. --- C RESULT: ADOPTED [UNANIMOUS] 0 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member,Ward 7 M AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill s I 7E. Public Works >1 Ordinance of the City of San Bernardino Amending Section 10.24.190, Subsection B of F the Municipal Code to Prohibit Vehicles Exceeding a Maximum Gross Weight Limit of o Ten Thousand Pounds Upon the Following Road Segments: Belleview Street Between "K" Street and "I" Street; Congress Street Between "K" Street and "I" Street; "J" Street Between Rialto Avenue and the End of "J" Street Approximately One Thousand Feet South of Congress Street; and "I" Street Between Congress Street and the End of "I" Street Approximately Three Hundred Feet North of Belleview Street. (FIRST N READING) T Robert Eisenbeisz, City Engineer, indicated that this item was to follow through with some of the commitments that were made to the residents in that area relative to the ,� E « closure of I Street. He stated that the construction signing that is out there now currently does prohibit the trucks. Q Motion: Lay over Ordinance for final adoption. o r Mayor and Common Council of the City of San Bernardino Page 14 p Packet Pg 37 Joint Regular Meeting Minutes November 17, 2014 .............. ...... ............... RESULT: FIRST READING [UNANIMOUS] Next: 12/1/2014 2:00 PM MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett,Nickel, Johnson, Mulvihill ...................... .................. 8. Public Comments on Items Not on the Agenda Robert Porter, San Bernardino, spoke about his Mega Art book, available for sale on CD Amazon and said that the City should put more emphasis on seeing the history of San 04 Bernardino to encourage tourism. E Betty Jean Long, San Bernardino, said she was homeless and happy about it because her 0 Z recent living situation required her to bathe several times a day. She said that the VA was working to help her find a place to live. Joe Ortiz, San Bernardino, spoke about how the Council and Mayor are letting the bankruptcy cover what they are doing and not doing, behind the scenes. 0 L) Scott Olson, San Bernardino, asked when this Council would focus on raising revenue. LO CD Juan Figueroa, San Bernardino, thanked Council Member Valdivia for helping out in his *I neighborhood. He said that Mt. Vernon is completely cleaned up, re-paved, and the street > lights turned on. He said people are grateful for the work he has done. M Jay Lindberg, San Bernardino, said his opposition to the war on drugs has made his family a target. He passed out a letter entitled "I could be a Terrorist" to the Council and Mayor. He spoke about how the City needs a better way to fight drugs than the war on drugs,because it wasn't working. Deanna Adams, San Bernardino, spoke about 5P and 5R, two items pulled from the agenda. She said she was happy with the pulls because the City doesn't need promotions, and that Measure Q failed. She said it is upsetting that public safety is being targeted and said it is political suicide to target them considering the upcoming elections. E Shirley Harlan, San Bernardino, said she wanted to comment on Item 5C, which caused < her to leave home and come to the meeting. She stated what disturbed her was that questions were asked regarding this item, but not answered. She suggested to the Council that in the future they needed to look at the items more specifically and take the time to review them. Wes Thoman, San Bernardino spoke about no street lights on 40th and Waterman for over six months. He stated that a gentleman came out of the shadows near his home and Mayor and Common Council of the City of San Bernardino Page 15 Pr'-'- j 4 4 inn Packet Pg. �5Bby, Joint Regular Meeting Minutes November 17, 2014 walked up to his passenger window. He suggested that the City should implement a curfew. 9. Items to be Referred to Council Committees None 10. Adjournment The meeting adjourned at 9:22 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, December 1, 2014. T O N L d GEORGEANN "GIGI" HANNA City Clerk z° N By 3 Valerie R. Montoya Deputy City Clerk 0 U o> Ln .c co L t: r 0 N ti r r C d E t U f0 Q I Mayor and Common Council of the City of San Bernardino Page 16 P Packet Pg. 39