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Home My WebLink About07-18-2016 Jt. Reg Mtg MinutesCity of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbeity.org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James L. Mulvihill JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, JULY 18, 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 2:03 p.m., Monday, July 18, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:28 p.m. John Valdivia Council Member, Ward 3 Absent ------------ Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 3:30 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m. Gary D. SaenzI City Attorney Present 2:00 p.m. Mark Scott City Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 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; Brian Solorio v. City of San Bernardino - WCAB Case Nos. ADJ8877259 & ADJ8877266; Paul Palsson v. City of San Bernardino - WCAB Case No. ADJ10019015; Daniel Mishodek v. City of San Bernardino - WCAB Case Nos. ADJ10056530 & ADJ9296102; Shaun Jarvis v. City of San Bernardino - WCAB Case No. ADJ9634240; People of the State of California v. Kush Concepts Collective, et al. - San Bernardino Superior Court, Case No. CIVDS 1516185. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4): City v. Home Expo Financial Inc. 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 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 Chaplain Ray Miller of the San Bernardino Police Department Chaplain Corps. The Pledge of Allegiance was led by Alyssa Parra, a 5t" grade student from Ramona -Alessandro Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 2. Closed Session Report City Attorney Saenz reported the following actions: Under Agenda Item No. IA, existing litigation: In the matter of Brian Solorio v. City of San Bernardino, the Council gave settlement directive by vote of 4-0, with Council Members Barrios, Valdivia and Nickel absent. In the matter of Paul Palsson v. City of San Bernardino, the Council gave settlement directive by vote of 4-0, with Council Members Barrios, Valdivia and Nickel absent. In the matter of Daniel Mishodek v. City of San Bernardino, the Council gave settlement directive by vote of 4-0, with Council Members Barrios, Valdivia and Nickel absent. In the matter of Shaun Jarvis v. City of San Bernardino, the Council gave settlement directive by vote of 4-1, with Council Member Marquez voting "no" and Council Members Valdivia and Nickel absent. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Home Expo Financial, Inc., the Council gave settlement directive by vote of 5-0, with Council Members Valdivia and Nickel absent. 3. Appointments 3A. Mayor's Office Appointment of Anthony Jones to the Planning Commission - Council Member Bessine L. Richard Motion: Approve the appointment of Anthony Jones to the Planning Commission as requested by Council Member Bessine L. Richard. RESULT: ADOPTED [UNANIMOUS] 00:06:51' MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 3B. Mayor's Office Appointment of Bernadette Jones to the Senior Affairs Commission - Council Member Bessine L. Richard Motion: Approve the appointment of Bernadette Jones to the Senior Affairs Commission as requested by Council Member Bessine L. Richard. Approximate time of the vote, according to timestamp on meeting video posted to the City Web site. Mayor and Common Council of the City of San Bernardino Page 3 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 RESULT: ADOPTED [UNANIMOUS] 00:06:51 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 3C. Mavor's Office Appointment of Claudia Rodriguez to the Bureau of Franchises - Council Member Bessine L. Richard Motion: Approve the appointment of Claudia Rodriguez to the Bureau of Franchises as requested by Council Member Bessine L. Richard. RESULT: ADOPTED [UNANIMOUS] 00:06:51 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 i f AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 3D. Mayor's Office Appointment of John Griffin to the Parks & Recreation Commission - Council Member Bessine L. Richard Motion: Approve the appointment of John Griffin to the Parks & Recreation Commission as requested by Council Member Bessine L. Richard. RESULT: ADOPTED [UNANIMOUS] 00:06:51 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 3E. Mayor's Office Appointment of Maxine Henderson to the Animal Control Commission - Council Member Bessine L. Richard Motion: Approve the appointment of Maxine Henderson to the Animal Control Commission as requested by Council Member Bessine L. Richard. RESULT: ADOPTED [UNANIMOUS] 00:06:51 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 4 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 3F. Mavor's Office Appointment of Tania Johnson to the Community Development Citizen Advisory Committee - Council Member Bessine L. Richard Motion: Approve the appointment of Tania Johnson to the Community Development Citizen Advisory Committee as requested by Council Member Bessine L. Richard. RESULT: ADOPTED [UNANIMOUS] 00:06:51 MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 4. Presentations 4A. Introduction of San Bernardino's Tachikawa Sister City exchange students: Kotaro Iwamaru, Kaho Araguchi, and Hana Kumada by Judy Macaulsey -- Honorary Citizens Presentation and Proclamation by Mayor R. Carey Davis 4B. New City Website — Monica Lagos, Manager of Communications Continued to meeting of August 1, 2016. 4C. Bankruptcy/Strategic Planning Update -- Management Partners Teri Cable, Senior Management Advisor for Management Partners gave an update presentation on the bankruptcy. 4D. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced upcoming Chamber events and activities. 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 July 18, 2016. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia r� Mayor and Common Council of the City of San Bernardino Page 5 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 513. City Manager ORD. MC -1424 - An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Chapter 12.21 to the San Bernardino Municipal Code Related to Design -Build Procurement for Public Works Contracts. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5C. City Manager ORD. MC -1425 - An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding Section 12.24.030 to the San Bernardino Municipal Code Requiring Payment of Prevailing Wages on Public Works Projects. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5D. City Manager RES. 2016-145 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Seventh Amendment to the Consultant Services Agreement Between Urban Futures Inc. and the City of San Bernardino. Public Comments: Scott Olson, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:43:06 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 6 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 5E. City Manager RES. 2016-146 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Third Amendment to the Consultant Services Agreement with Management Partners, Inc. Regarding the Bankruptcy Recovery Plan. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5F. Civil Service Personnel Actions - Classified Public Comments: Scott Olson, San Bernardino Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5G. Community Development ORD. MC -1426 - Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-02 Amending Chapter 19.22 (Sign Regulations) Section 19.22.080 (Off -Site Signs) of the Development Code (Title 19) of the City of San Bernardino Municipal Code. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 00:52:00 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 7 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 5H. Community Development ORD. MC -1427 - Ordinance of the Mayor and Common Council of the City of San —® Bernardino Approving General Plan Amendment 15-02 to Change the General Plan Land Use Designation of 25.25 Acres from Industrial (Approximately 11.5 Acres) and Open Space (Approximately 14.4 Acres) to Industrial, and Development Code Amendment (Zoning Map Amendment) 15-04 to Change the Zoning District from Industrial Light (IL) (Approximately 7.5 Acres), Office Industrial Park (OIP) (Approximately 4 Acres) and Public Commercial Recreation (PCR) (Approximately 14.4 Acres) to Industrial Light (IL) in Order to Allow the Development and Establishment of an Industrial Warehouse Building Containing Approximately 564,652 Square Feet Located on the Southwest Corner of Waterman Avenue and Dumas Street. (FINAL READING) Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5I. Community Development RES. 2016-147 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment Number Four to the Consultant Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official, and Counter Services. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT John Valdivia 5J. Community Development RES. 2016-148 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Fall Art Night 2016 as a City Sponsored Event. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT John Valdivia Mayor and Common Council of the City of San Bernardino Page 8 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 U 5K. 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] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5L. Human Resources RES. 2016-149 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Security Officer II, Reclassifying the Classification of Park Ranger to Security Officer II and Deleting the Classification of Park Ranger for the Police Department. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5M. Information Technology RES. 2016-150 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Vendor Services Agreement and the Issuance of an Annual Purchase Order for Maintenance of the Police Department's Downtown Camera Protection Zone System to Ce1Plan Inc. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia j 5N. Information Technology RES. 2016-151 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the ArcGIS Enterprise License Agreement No. 2013ELA901 (Resolution 2013-191) and the Issuance of a Purchase Order to Environmental Systems Research Institute for a Three Year ArcGIS Enterprise License Agreement. Mayor and Common Council of the City of San Bemardino Page 9 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 50. Information Technology RES. 2016-152 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Purchase of Monthly Services from Verizon, Inc. for Wireless Network Services Used by the Police Department for MDC Operations. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5P. Parks, Recreation & Community Services �•, RES. 2016-153 - 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! to Build a Playground at Seccombe Lake Park. C Jim Tickmeyer, Interim Director for Parks, Recreation, and Community Services, explained the selection process, financial obligation, and funding of the KaBOOM! project. Public Comments: Benita Rodriguez, San Bernardino Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 01:06:35 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 10 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 5Q. Parks, Recreation & Community Services RES. 2016-154 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Execution of County Contract 16-389 with the County of San Bernardino Department of Aging and Adult Services (DAAS), Accepting the Proposed Grant Amount of $335,000 for the Period of July 1, 2016 through June 30, 2017 for the Senior Nutrition Program, Appropriate Grant Expenditures, and Issue Annual Food Purchase Orders to Sysco Foods, Merit Day, and Smith Distribution through FY 2016-17. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 00:39:27 5R. Police RES. 2016-155 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Memorandum of Understanding Between the City of San Bernardino and the City of Fontana Police Department and the San Bernardino County District Attorney's Office for the Implementation of the Bureau of Justice Assistance (BJA) Body -Worn Camera Pilot Implementation Program Grant. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 5S. Police RES. 2016-156 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Extension of the Current Contract with Bode Technology Group, Inc., from July 1, 2016, to June 30, 2017, with Two Optional One -Year Renewals and Issuance of a Purchase Order in an Amount Not to Exceed $150,000. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 00:39:27 Mayor and Common Council of the City of San Bernardino Page 11 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 5T. Successor Acency RES. 2016-157 - Resolution of the Mayor and Common Council of the City of San 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 at 279 East 48th Street, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] 00:39:27 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 6. Public Hearings 6A. 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 (FIRST READING); RES. 2016-158 - Resolution of the Mayor and Common Council of the City of San Bernardino, California Adopting a Mitigated Negative Declaration and Approving Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09 to Allow Development, Establishment and Operation of Mary's Village on a Parcel Containing Approximately 11.02 Acres Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street. Mayor Davis opened the hearing. Oliver Mujica, Planning Services Manager, gave a PowerPoint presentation on the Mary's Mercy Center proposed project. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Public Comments: Support Kent Paxton, San Bernardino, Homeless Policy Advisor for Supervisor Josie Gonzales Thomas Rogers, Faculty Member, Loma Linda University School of Dentistry Ray Osborne, Executive Director, HomeAid Inland Empire Terry Kent, Volunteer Consultant to Mary's Village Jim Smith, San Bernardino Mayor and Common Council of the City of San Bernardino Page 12 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 Michael Hein, Vice President/Administrator, Mary's Mercy Center Father Michael Barry Jay Lindberg, San Bernardino Opposed Juan Figueroa, San Bernardino IN Motion: 1) Close the hearing; 2) Lay over Ordinance (see Attachment 1) for final adoption; and 3) Adopt the Resolution (see Attachment 2) adopting the Mitigated Negative Declaration; and, approving Subdivision 15-02 (Tentative Parcel Map 19648) and Conditional Use Permit 15-09, based upon the recommended Findings of Fact and Conditions of Approval for construction and operation of a residential care facility for men. RESULT: FIRST READING [4 TO 21 Next: 8/1/2016 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 02:32:20 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Benito J. Barrios, Fred Shorett, James Mulvihill NAYS: Henry Nickel, Bessine L. Richard ABSENT: John Valdivia 6B. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino, California Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the General Plan Land Use Designation from Residential Suburban to Residential Medium High -20 and the Zoning District from Residential Suburban (RS) to Residential Medium High -20 (RMH-20) for Three (3) Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of Fifty -One (51) Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and 34) Within the Sphere of Influence of the Unincorporated Area of the City of San Bernardino. No public comments were received. Motion: Continue the hearing until September 6, 2016. RESULT: CONTINUED [6-01 Next: 9/6/2016 2:00 PM MOVER: Fred Shorett, Council Member, Ward 4 02:58:19 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia Mayor and Common Council of the City of San Bernardino Page 13 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 7. Staff Reports 7A. City Manager Discussion Regarding Opinion Polling for Marijuana Ballot Measures Public Comments: Margaret Hill, San Bernardino City Unified School District, San Bernardino Dale Marsden, San Bernardino City Unified School District, San Bernardino Scott Olson, San Bernardino William Cioci, San Bernardino Jay Lindberg, San Bernardino Sandra Ibarra, San Bernardino Robert Porter, San Bernardino Frank Peirce, San Bernardino City Manager Mark Scott gave a brief summary on conducting the research poll. Motion: Authorize the City Manager to proceed in conducting a poll as objectively as possible to assess the public's support or non-support of the initiative which is likely to go forward on the November ballot. RESULT: FAILED [4 TO 21** 03:43:48 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Benito J. Barrios, Fred Shorett, Henry Nickel, Bessine L. Richard NAYS: Virginia Marquez, James Mulvihill ABSENT: John Valdivia **NOTE: Mayor Davis vetoed the motion. 7B. Community Development Discuss and Take Possible Action on the Baseball Stadium Lease Renewal Michael Bracken, Managing Partner, DMG Economics, gave a brief summary on the 66ers Stadium and lease. Mark Persico, Director of Community Development, gave a PowerPoint presentation on the Discussion of Baseball Lease Extension options. Donn Dimichele, Deputy City Attorney, answered questions regarding the existing lease. Discussion ensued regarding the liability and potential ownership by the City, and the creation of an Ad Hoc Stadium Committee with Council Members Mulvihill, Shorett and Nickel serving on the committee. Mayor and Common Council of the City of San Bernardino Page 14 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 Public Comments: Scott Olson, San Bernardino Frank Peirce, San Bernardino Roger Henderson, San Bernardino Motion: Create an Ad Hoc Stadium Committee with Councilmembers Mulvihill, Shorett and Nickel serving on the committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: John Valdivia 04:58:07 7C. Council Office League of California Cities Mayors & Council Members Executive Forum and Advanced Leadership Workshops Council Member Mulvihill gave a brief report on the workshop. Consensus: Receive and file. 7D. Finance Receive and File the Financial Audit Report for Fiscal Year Ending June 30, 2014 Brent Mason, Director of Finance gave a PowerPoint presentation on the Financial Audit Report. Consensus: Receive and file. 7E. Mayor's Office 2016 U.S. Conference of Mayors Update - Mayor R. Carey Davis Mayor Davis gave a brief report on the conference. Consensus: Receive and file. 8. Public Comments on Items Not on the Agenda Scott Olson, San Bernardino spoke about his disappointment with the polling survey, his opposition of the new City Charter and the baseball stadium. Shirley Harlan, San Bernardino, stated that she was there as a member of the League of Women Voters and was trying to educate the public on the new City Charter. She said that the League of Women Voters felt it was necessary to help people understand what the City Charter meant in their everyday lives. She distributed copies of a Charter crossword puzzle and word search. Mayor and Common Council of the City of San Bernardino Page 15 Printed 7/20/2016 Joint Regular Meeting Minutes July 18, 2016 Robert Porter, San Bernardino, spoke about Council Members needing to show each other respect on the dais. Frank Peirce, San Bernardino, spoke about candidates and the upcoming November election. He suggested individuals register to vote. Jay Lindberg, San Bernardino, spoke about the marijuana survey and global warming. Sandra Ibarra, San Bernardino, read Duke University research on cannabis use and spoke about Section 8 housing and abandoned homes in the City. She announced that she would have a community clean-up along Baseline and "F" Streets on Saturday, July 23, 2016. 9. Items to be Referred to Council Committees Council Member Nickel requested that the issue of illegal fireworks be referred to the Legislative Review Committee. Council Member Nickel requested a report in regards to the City's trees and medians that have not being watered. Council Member Marquez requested that makeshift memorials be referred to the Quality of Life Committee. Council Member Richard asked that the City Manager or City Attorney look into finding ter• a solution in regards to the recent murders of children in the City. She asked that this problem be referred to a committee. 10. Announcements from Mayor, Common Council and Executive Staff 11. Adjournment The meeting adjourned at 10:32 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, August 1, 2016. GEORGEANN "GIGI" HANNA, CMC City Clerk By /?hI4_� Valerie R. Montoya Deputy City Clerk Mayor and Common Council of the City of San Bernardino Page 16 Printed 7/20/2016