The URL can be used to link to this page

Home My WebLink About08-01-2016 Jt. Reg Mtg Minutesu jl Ca City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James 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 1, 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 2:23 p.m., Monday, August 1, 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 2:23 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:23 p.m. John Valdivia Council Member, Ward 3 Present 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:23 p.m. Henry Nickel Council Member, Ward 5 Present 2:23 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:23 p.m. James Mulvihill Council Member, Ward 7 Present 2:23 p.m. R. Carey Davis Mayor Present 2:23 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:23 p.m. Gary D. Saenz City Attorney Present 2:23 p.m. Mark Scott City Manager Present 2:47 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 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; Brandon Wallace v. City of San Bernardino - WCAB Case No. ADJ7892669. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2): One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Chinn D. Closed Session - personnel - pursuant to Government Code Section 54957(b). E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957(a). F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Mayor R. Carey Davis. The Pledge of Allegiance was led by Jireh Alvarado, who is a 3rd grade student at Mission Elementary School in Redlands. Moment of Silence Council Member Valdivia recognized former Council Member Rita Arias and her contributions to the City of San Bernardino. Mayor Davis requested a moment of silence in memory of former Council Member Rita Arias. 14 Mayor and Common Council of the City of San Bernardino Page 2 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of Brandon Wallace v. City of San Bernardino, the Council gave settlement directive by vote of 5-0, with Council Members Valdivia and Marquez absent. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Chinn, the Council gave settlement directive by vote of 5-0, with Council Members Valdivia and Marquez absent. 3. Appointments There were no commission appointments. 4. Presentations 4A. Proclamation of Appreciation -- Mayor Carey Davis Mayor Davis presented Proclamation of Appreciation to Linda Sutherland for her 21 years of service to the City of San Bernardino. Ashley Jones from Assembly Member Cheryl Brown's office presented a Certificate of Recognition to Ms. Sutherland. Rachel Clark, member of the League of Women Voters stated that a Resolution in honor of Linda Sutherland would be forthcoming. 4B. Infant Toddler Success Program at the Feldheym Library — Dr. Al Karnig — Mayor Davis Dr. Al Karnig, former President of Cal State University, San Bernardino, gave a PowerPoint presentation on the program. 4C. Citizen of the Month — Frederick R. Grochulski — Council Member Valdivia 4D. New City Website — Monica Lagos, Manager of Communications Monica Lago gave a PowerPoint Presentation. 4E. Bankruptcy/Strategic Planning Update -- Management Partners 4F. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced upcoming Chamber events and activities. Mayor and Common Council of the City of San Bernardino Page 3 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 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 1, 2016. RESULT: ADOPTED [UNANIMOUS] 00:55:29' MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 511. City Clerk Council Minutes for the Meetings of May 2, 2016; and May 16, 2016 Motion: Approve the Minutes of the Mayor and Common Council Meetings of May 2, 2016; and May 16, 2016. RESULT: ADOPTED [UNANIMOUS] 00:55:29 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. City Clerk Council Minutes for the Meetings of June 6, 2016; June 13, 2016; June 20, 2016; and June 27, 2016. Motion: Approve the Minutes of the Mayor and Common Council Meetings of June 6, 2016; June 13, 2016; June 20, 2016; and June 27, 2016. RESULT: ADOPTED [UNANIMOUS] 00:55:29 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ' Approximate time of vote, according to timestamp on meeting video posted on City web site. Mayor and Common Council of the City of San Bernardino Page 4 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 5D. City Clerk RES. 2016-159 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Appropriation of $300,000 from the Cultural Development Fund for Use by the Fine Arts Commission in Fiscal Year 2016-17. Public Comments: Dr. Dorothy Garcia, Chairperson, Fine Arts Commission Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:08:44 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5E. City Attorney RES. 2016-160 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the First Amendment to the Professional Services Agreement with Cota Cole LLP. Motion: Adopt the Resolution. RESULT: ADOPTED [6-1] 01:28:22 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill NAYS: Benito J. Barrios 5F. Civil Service Personnel Actions - Classified Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill L— 00:55:29 Mayor and Common Council of the City of San Bernardino Page 5 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 5G. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Approving General Plan Amendment 16-03 to Change the General Plan Land Use Designation of 11.02 Acres from Residential Urban to Residential Medium and Development Code Amendment (Zoning Map Amendment) 15-01 to Change the Zoning District from Residential Urban (RU) to Residential Medium (RM) in Order to Allow the Development, Establishment of Operation of Mary's Village Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street. (FINAL READING) Oliver Mujica, Planning Services Manager, gave a PowerPoint Presentation. Motion: Adopt the Ordinance. RESULT: FAILED [3 TO 4] 01:55:50 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard 5H. 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] 00:55:29 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5I. 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] 00:55:29 1 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill i_ �J Mayor and Common Council of the City of San Bernardino Page 6 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 5J. Human Resources RES. 2016-161 - Resolution of the City of San Bernardino Adopting an Updated Non - Discrimination, Retaliation, Workplace Harassment and Sexual Harassment Policy for Said City and Repealing Resolution No. 2013-277. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:55:29 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5K. Human Resources RES. 2016-162 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Purchase the City's Property, Auto, and Cyber Security Insurance. Motion: RESULT: MOVER: SECONDER: AYES: Adopt the Resolution. ADOPTED [UNANIMOUS] 00:55:29 Fred Shorett, Council Member, Ward 4 James Mulvihill, Council Member, Ward 7 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5L. Parks, Recreation & Community Services RES. 2016-163 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Letter of Intent and Contract Agreement Between the City of San Bernardino and KaBOOM! for Creative Play Equipment. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:12:39 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5M. Successor Aeency RES. 2016-164 - Resolution of the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing the Transfer of Certain Real Property Assets from the Successor Agency to the Redevelopment Agency of the City of San Bernardino to the City of San Bernardino Pursuant to the Direction of the California Department of Finance and Approving Certain Related Actions; And Mayor and Common Council of the City of San Bernardino Page 7 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 RES. 2016-165 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Acceptance of the Transfer of Certain Real Property Assets from the Successor Agency to the Redevelopment Agency of the City of San Bernardino Pursuant to the Direction of the California Department of Finance and Approving Certain Related Actions. Motion: Adopt the Resolutions. RESULT: ADOPTED [UNANIMOUS] 02:27:06 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5N. Water RES. 2016-166 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority. Additional back up information was distributed to the Mayor and Common Council. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 02:37:02 MOVER: Fred Shorett, Council Member, Ward 4 4r, SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Staff Reports 6A. City Clerk RES. 2016-167 - Resolution of the Mayor and Common Council of the City of San Bernardino Calling a Special 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: John Hillman, San Bernardino Robert Porter, San Bernardino Karmel Roe, San Bernardino Kathrine Redmon, San Bernardino Frank Peirce, San Bernardino Jay Lindberg, San Bernardino Sandra Ibarra, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 Council Member Mulvihill made a motion to put Items 6A and 6B on the ballot with the Resolutions attached to them. The motion failed for lack of a second. Steven Graham, Deputy City Attorney, explained that the Resolutions for Item 6A and 6B were similar. Council Member Nickel stated that he would second the motion that items 6A and 6B be submitted to the voters for their consideration. No vote was taken. Discussion ensued regarding the difference between the two initiatives. Agenda Items Nos. 6A and 6B were voted on simultaneously. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:23:58 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 613. City Clerk RES. 2016-168 - Resolution of the Mayor and Common Council of the City of San 0 Bernardino Calling a Special 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. Public Comments: John Hillman, San Bernardino Robert Porter, San Bernardino Lupe Navarro, San Bernardino Karmel Roe, San Bernardino Frank Peirce, San Bernardino Jay Lindberg, San Bernardino Sandra Ibarra, San Bernardino Agenda Items Nos. 6A and 6B were voted on simultaneously. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 03:23:58 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 0 Mayor and Common Council of the City of San Bernardino Page 9 Printed 8/412016 Joint Regular Meeting Minutes August 1, 2016 6C. City Attorney RES. 2016-169 - Resolution of the Mayor and Common Council 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. Public Comments: John Hillman, San Bernardino Damian Martin, Los Angeles Karmel Roe, San Bernardino Chris Egger, Fullerton Jay Lindberg, San Bernardino Motion: Table RESULT: FAILED [5 TO 21 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, James Mulvihill NAYS: Barrios, Valdivia, Shorett, Nickel, Richard 03:40:30 Steven Graham, Deputy City Attorney, gave a presentation on the San Bernardino Medical Cannabis Restrictions and Limitations Act proposed Initiative Ballot Measure Ordinance and the Legislative Review Committee's proposed Initiative Ballot Measure Ordinance. Council Member Nickel made a motion to approve Item 6C to go forward on the November ballot and give the voters of the City the opportunity to make this decision. The motion died for lack of a second. Motion: Adopt the Resolution; change Appeals from 60 days to 30 days and processing of application from 60 to 120 days; and add definition of volatile solvent. RESULT: ADOPTED [5 TO 21 04:28:39 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard NAYS: Shorett, Mulvihill 6D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Amendment to the Agreement Between the City of San Bernardino and Neighborhood Housing Services of the Inland Empire for the Increase in Funding to the First -Time Homebuyer Program. Consensus: Table. Mayor and Common Council of the City of San Bernardino Page 10 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 6E. Mayor's Office 40 Resolution of the Mayor and Common Council of the City of San Bernardino Supporting the Current Ban on Marijuana Dispensaries and Other Similar Uses Found in the San Bernardino Municipal Code. Public Comments: John Hillman, San Bernardino Robert Porter, San Bernardino Scott Olson, San Bernardino Karmel Roe, San Bernardino William Cioci, San Bernardino Frank Pierce, San Bernardino Jay Lindberg, San Bernardino Laurie Hassell, San Bernardino Sandra Ibarra, San Bernardino Mrs. Negrete, San Bernardino Motion: Table. RESULT: TABLED [5 TO 21 05:02:53 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Richard ® NAYS: Virginia Marquez, James Mulvihill 7. Public Comments on Items Not on the Agenda Donald Newton, San Bernardino, spoke about his mortgage payment going up $209.00 because of a lien that had been placed on his property due to unpaid business registration fees for his rental property. Robert Porter, San Bernardino, spoke about the limitation of public speaking time and cannabis. Scott Olson, San Bernardino, spoke about negative campaigning. Al Palazzo, San Bernardino, thanked the Mayor for meeting with him. He stated that they needed to continue the conversation regarding his vision and rebuilding of the City. Karmel Roe, San Bernardino, thanked the Council for considering the Marijuana Ordinance. She asked the Mayor if he had a plan in cleaning up the City because she felt there had been no effort in instituting a plan. Paul Sanborn, San Bernardino, stated that the clock on "E" Street was an art piece and needed to be repaired. He spoke about putting the Mayor's salary on the ballot and the dying trees on Mountain View Avenue. Mayor and Common Council of the City of San Bernardino Page 11 Printed 8/4/2016 Joint Regular Meeting Minutes August 1, 2016 Frank Peirce, San Bernardino, spoke about casinos, needing more women doctors, and marijuana dispensaries. Sandra Ibarra, San Bernardino, stated that she attended her second meeting of the Community Development Citizen Advisory Committee and said that the Mayor needed to fill his vacancies on the Committee. Margaret Hill, San Bernardino, spoke about Agenda Item No. 5G and the needs of the homeless. Jay Lindberg, San Bernardino, spoke about climate change and industrial hemp. William Cioci, San Bernardino, thanked the Council for making the right choices tonight in regards to the cannabis and homeless issues. Chris Egger, Fullerton, stated that the group supporting San Bernardino Medical Cannabis Restrictions and Limitations Act wanted to contribute their input to the City regarding the Ordinance. Justin Shively, San Bernardino, spoke about Agenda Item No. 6C and asked that the Mayor and Council look into the medical aspects of marijuana. 8. Items to be Referred to Council Committees Council Member Nickel asked that an update be given in regards to the ongoing construction regarding the sbX project. He spoke about his concerns regarding the City's trees being watered. 9. Announcements from Mayor, Common Council and Executive Staff Council Member Valdivia reviewed and highlighted the life of former Council Member Rita Arias. 10. Adjournment At 10:29 p.m. the meeting was adjourned in memory of former Council Member Rita Arias to 5:30 p.m., Thursday, August 4, 2016, in the Council Chamber of City Hall, 300 N. "D" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, August 15, 2016. GEORGEANN "GIGI" HANNA, CMC City Clerk Bel�y: Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 12 Printed 8/4/2016