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Home My WebLink About10-10-2016 Jt. Adj Reg Mtg MinutesCity of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www. sbcity. org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill JOINT ADJOURNED 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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, OCTOBER 10, 2016 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 6:08 p.m., Monday, October 10, 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 6:05 p.m. Benito J. Barrios Council Member, Ward 2 Absent ----------- John Valdivia Council Member, Ward 3 Absent ----------- Fred Shorett Council Member, Ward 4 Present 6:05 p.m. Henry Nickel Council Member, Ward 5 Present 6:02 p.m. Bessine L. Richard Council Member, Ward 6 Absent ----------- James Mulvihill Council Member, Ward 7 Present 6:08 p.m. R. Carey Davis Magor Present 6:05 p.m. Georgeann "Gigi" Hanna City Clerk Present 6:05 p.m. Gary D. Saenz City Attorney Present 6:05 p.m. Mark Scott City Manager Present 6:05 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 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 Lisa Matus, et al. v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVDS1201235; State of California, Regents of the University of California ex rel. On the Go Wireless vs. Cello Partnership dba Verizon Wireless, et al., Sacramento Superior Court Case No. 34-2012-127517. Raymond Newberry, et al. v. County of San Bernardino, et al., United States District Court Case No. CV14-02298 Eric Hannifin, et al. v. Esli Castillo, et al., San Bernardino Superior Court Case No. CIVDS1005742 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). 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 Valerie Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Norman Copeland of St. Paul AME. Council Member James Mulvihill led the Pledge of Allegiance. A moment of silent was observed in memory of Michael Craft, San Bernardino resident and member of the Citizen -Based Charter committee. Mayor and Common Council of the City of San Bernardino Page 2 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 2. Closed Session Report 0 City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Lisa Matus, et al. v. City of San. Bernardino, the Council gave settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and Richard absent; In the matter of State of California, Regents of the University of California ex rel. On the Go Wireless vs. Cello Partnership dba Verizon Wireless, et al., the Council gave settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and Richard absent; In the matter of Raymond Newberry, et al. v. County of San Bernardino, et al., the Council gave settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and Richard absent; In the matter of Eric Hannifin, et al. v. Esli Castillo, et al., the Council gave settlement direction by vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. 3. Appointments 3A. Mayor's Office Appointment of Ms. Imogene Body to the Senior Affairs Commission - Council Member Jim Mulvihill. Motion: Approve the appointment of Ms. Imogene Body to the Senior Affairs Commission as requested by Council Member James Mulvihill. RESULT: ADOPTED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 4. Presentations 4A. Special Recognition — Adam Lunt — Mayor R. Carey Davis This presentation will be moved to a future meeting. 4B. Proclamation for Breast Cancer Awareness Month — Mayor R. Carey Davis Jill Eaton, Executive Director of the Susan G. Komen Foundation of Temecula, accepted the Proclamation from the Mayor. Mayor and Common Council of the City of San Bernardino Page 3 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 4C. Certificates of Recognition — Miss Cardinal 2016-2017 — Jazmin Villalobos — Brenda Sanchez, First Runner Up; and Melinda Gutierrez-Popa, Second Runner Up Certificates were presented by Council Member Virginia Marquez to Jazmin Villalobos, Miss Cardinal 2016-2017 and her court: First Runner Up Brenda Sanchez; Second Runner Up Melinda Gutierrez-Popa. She also recognized Jamie Rios for his work coordinating the program for San Bernardino High School. 4D. Bankruptcy/Strategic Planning Update — Management Partners No update was given. 4E. Chamber of Commerce & Local Elected Officials Announcements Chamber Executive Director Judi Penman announced upcoming Chamber of Commerce events and activities, reported on the success of the recent Route 66 event hosted by the Chamber, and thanked supporters of the event. 5. Consent Calendar Agenda Item Nos. 5G, 51 and 5J were pulled from the consent calendar by Council Member Henry Nickel for clarification. 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated October 3, 2016. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard L`_ 5B. City Clerk Council Minutes -- August 2016 Motion: Approve the Minutes of the Mayor and Common Council meetings of August 1, 2016; August 4, 2016; and August 15, 2016, as submitted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 4 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 5C. City Clerk Council Minutes -- September 19, 2016 Motion: Approve the minutes of the Mayor and Common Council meeting of September 19, 2016, as submitted. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 5D. Civil Service Personnel Actions - Classified Motion [RESULT: MOVER: SECONDER 'AYES: ABSENT: 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. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 James Mulvihill, Council Member, Ward 7 Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill Benito J. Barrios, John Valdivia, Bessine L. Richard 5E. Community Development ORD. MC -1429 - Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-04 Amending Chapter 19.22 (Sign Regulations), Section 19.22.030 (Definitions) and Section 19.22.150(C)(3) (Multi -Tenant Centers) of the Development Code (Title 19) of the San Bernardino Municipal Code. (FINAL READING) RES. 2016-206 - Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Categorical Exemption and Approving the Amendment to Sign Program 15-04 to Allow More Than Three (3) Tenant Panels for the Pylon Sign Located at 1831 W. Northpark Boulevard (APN: 0151-361-43) Within the Commercial General -University Village (CG -3) Zone. Motion: Adopt the Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 5 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 5F. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. C RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 5G. Finance RES. 2016-207 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Fiscal Year 2015-16 Continuing Appropriations and Encumbrance Carryovers and Amend the Fiscal Year 2016-17 Budget to Include the Approved Fiscal Year 2015-16 Continuing Appropriations and Encumbrance Carryovers. Public Comments: Scott Olson, San Bernardino Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt the Resolution ADOPTED [UNANIMOUS] Henry Nickel, Council Member, Ward 5 James Mulvihill, Council Member, Ward 7 Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill Benito J. Barrios, John Valdivia, Bessine L. Richard 5H. 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] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 6 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 51. Police RES. 2016-208 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Adopting the City's Updated Emergency Operations Plan (EOP). Motion: Adopt the Resolution. RESULT: MOVER: SECONDER AYES: ABSENT: ADOPTED [UNANIMOUS] Henry Nickel, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill Benito J. Barrios, John Valdivia, Bessine L. Richard 5J. Police RES. 2016-209 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving and Adopting the City's Updated Local Hazard Mitigation Plan (LHMP) and Authorizing Submittal of the LHMP to the Regional Federal Emergency Management Agency Office. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 5K. Police RES. 2016-210 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of a Law Enforcement Hiring Grant from the Department of Justice Community Oriented Policing Services in the Amount of $1,375,000 and Authorizing the Police Department to Accept and Administer the Grant. Motion: Adopt the Resolution RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 7 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 5L. Police RES. 2016-211 - Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the Amount of No More Than $430,000.00 and Authorizing the Police Department to Accept and Administer the Grant. Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt the Resolution. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 James Mulvihill, Council Member, Ward 7 Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill Benito J. Barrios, John Valdivia, Bessine L. Richard 5M. Successor Agency RES. 2016-212 - Resolution of the Board of the San Bernardino Joint Powers Financing Authority Establishing Regular Meeting Dates and Appointing Secretary and General Counsel. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill j ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 5N. Successor Agency RES. 2016-213 - 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 1565 Coulston St #19, San Bernardino, California. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 8 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 6. Staff Reports 6A. Council Office Discuss and Take Possible Action Regarding the Reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15-01 for Mary's Village a Men's Residential Complex for Up to 85 Residents. Council Member Henry Nickel made a motion to table the matter; it died for lack of a second. After questions about the timing of presenting the Council with a citywide homeless strategy and conducting a workshop on the matter, City Manager Mark Scott said he could do it within a month. Public Comments: Scott Olson, San Bernardino Betty Jean Long, San Bernardino Margie Arnett, San Bernardino Kent Paxton, on behalf of Supervisor Josie Gonzalez Kathleen McDonnell, San Bernardino Father Michael Barry, San Bernardino Joann Claytar, San Bernardino Landon Bouche, Murrieta Terry Kent, Glendora Ray Osbourne, of Home AID Inland Empire John Morrisey, Upland Gertrude Freidel, San Bernardino Pastor Joshua Beckley, San Bernardino Sergio Luna, San Bernardino Pastor Rick Alanis, San Bernardino Danny Marquez, Bloomington Pastor Scotty Lloyd, San Bernardino Deanna Adams, San Bernardino Johnetta Davis, San Bernardino Robert Porter, San Bernardino Meredith Hall Aaron Cox, San Bernardino Jay Lindberg, San Bernardino Cesares Perez, Highland Motion: Direct staff to publish a new public hearing notice for reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15- 01. RESULT: MOVER: SECONDER: AYES: NAYS: ABSENT: f FAILED [3 TO 1] Fred Shorett, Council Member, Ward 4 James Mulvihill, Council Member, Ward 7 Virginia Marquez, Fred Shorett, James Mulvihill Henry Nickel Benito J. Barrios, John Valdivia, Bessine L. Richard Mayor and Common Council of the City of San Bernardino Page 9 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 6B. City Manager Discussion Regarding Code Amendment to Allow Commercial Parking Operations on Unpaved Property. No vote was taken. 6C. Council Office San Bernardino Hometown Heroes Military Banner Program Council Member Virginia Marquez provided a verbal update on the program. No vote was taken. 6D. Mayor's Office Discuss and Take Possible Action Regarding the Committee Report on California Partnerships for Safe Communities and Operation Ceasefire. Chris Lopez, Chief of Staff for Mayor Davis, provided a PowerPoint presentation delineating the program and its success in other cities to reduce overall violence. Police Chief Burguan said he was supportive of the program. Public Comments: Keisha McGee, Highland Marciano Avilla, Highland Etai Cardona, Desert Hot Springs Pastor Norman Copeland, San Bernardino Motion: Direct the City Manager to negotiate a sole source contract with California Partnerships to be brought back and approved by the Common Council in November 2016. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill ABSENT: Benito J. Barrios, John Valdivia, Bessine L. Richard 7. Public Comments on Items not on Agenda Margie Arnett, San Bernardino, provided a letter opposing the three marijuana items on the local ballot and asked that it be placed in the record. Shirley Harlan, San Bernardino, said residents should register and vote because the Charter was an important issue. Scott Olson, San Bernardino, spoke about the proposed new Charter and said blaming the problems of the City on a piece of paper was dysfunctional. Mayor and Common Council of the City of San Bernardino Page 10 Printed 10/11/2016 Joint Adjourned Regular Meeting Minutes October 10, 2016 LIR L`J C Deanna Adams, San Bernardino, spoke about Former Oakland Mayor Jerry Brown's support of a strong Mayor to fix the City of Oakland. Robert Porter, San Bernardino, said he felt that Council Member Nickel had been bullied to vote in favor of Item 6A. He said the Mayor needed to put more effort into lowering the city's murder rate. Sandra Ibarra, San Bernardino, said she opposed Agenda Item 6A and said it would attract more homeless. She also decried the shortened public speaking time. James Albert, San Bernardino, proposed that the Mayor and City Council adopt a resolution to commemorate the indigenous people in the City and said that we should recognize that we are a City of immigrants. James Penman, San Bernardino, spoke to correct misinformation provided by a previous speaker concerning the Rendezvous Back to Route 66. He also said Measure L removes the ability for people to vote for City Attorney, City Clerk and City Treasurer and replaces a strong mayor with someone who cannot be removed by the voters. Jay Lindberg, San Bernardino, spoke about methane and passed out a letter to the Council concerning the issue. Jim Smith, San Bernardino, spoke in favor of Measure L. 8. Items to be Referred to Council Committees There were no items referred to committee. 9. Announcements from Mayor, Common Council and Executive Staff 10. Adjournment The meeting adjourned at 11:26 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, October 17, 2016. By: GEOR ANN "GIG ' anna City Clerk Mayor and Common Council of the City of San Bernardino Page 11 Printed 10/11/2016