HomeMy WebLinkAbout11-07-2016 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, NOVEMBER 7, 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 4:12 p.m., Monday, November 7,
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
Late
2:31 p.m..
John Valdivia
Council Member, Ward 3
Late
2:25 p.m.
Fred Shorett
Council Member, Ward 4
Late
5:01 p.m.
Henry_Nickel
Council Member, Ward 5
Present
2:00 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. Saenz
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 10/11/2016
Joint Regular Meeting Minutes November 7, 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
Enrique Savoeurn v. C. Lariz, et al. - San Bernardino Superior Court,
Case No. CIVDS1602471;
Xaver Priest v. City of San Bernardino - San Bernardino Superior
Court, Case No. CIVDS1400457;
Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police
Officers, et al. - San Bernardino Superior Court, Case No.
CIVDS1513869;
Rogelio Quiroga v. Officer J. Betts - United States District Court,
Case No. CV11-02029 VAP (DTBx);
Corey Day v. City of San Bernardino, et al. - United States District
Court, Case No. CV13-00362 JGB (SP);
Michael Street v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS910518.
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. Estela Garibay
D. Closed Session - personnel - pursuant to Government Code Section
54957(b).
E. Closed Session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to public
services or public facilities - pursuant to Government Code Section
54957(a).
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
Reading of Resolutions and Ordinances
Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions
and ordinances on the agenda.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Clyde Stewart of Westside Christian Center. The
Pledge of Allegiance was led by Saria Silva-Salas, a sixth grade student from Davidson
Elementary School.
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of Enrique Savoeurn v. C. Lariz, et al., the Council gave
settlement direction by vote of 4-0, with Council Members Shorett and
Barrios absent and Council Member Valdivia abstaining;
In the matter of Xaver Priest v. City of San Bernardino, the Council
gave settlement direction by vote of 4-0, with Council Members Shorett,
Barrios and Nickel absent;
In the matter of Jose Zamora, et al. v. 9 Unidentified San Bernardino
City Police Officers, the Council gave settlement direction by vote of 5-1,
with Council Member Shorett absent and Councilmember Valdivia voting
No;
In the matter of Rogelio Quiroga v. Officer J. Betts, the Council gave
settlement direction by vote of 5-1, with Council Member Shorett absent
and Council Member Barrios voting No;
In the matter of Corey Day v. City of San Bernardino, the Council gave
settlement direction by vote of 6-0, with Council Member Shorett absent;
In the matter of Michael Street v. City of San Bernardino, the Council
gave settlement direction by vote of 6-0, with Council Member Shorett
absent.
Under Agenda Item No. 1 C, initiation of litigation:
In the matter of City v. Este/a Garibay, the Council gave direction by vote
of 6-0, with Council Member Shorett absent.
3. Appointments
No appointments were made at this meeting.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
4. Presentations
4A. Special Recognition — Adam Lunt — Mayor R. Carey Davis
Adam Lunt was presented a certificate by Mayor Davis in recognition of his
academic and athletic achievements.
4B. Resolution Recognizing Steve and Linda Sutherland — Retiring from "Fun
Corner" — Council Member Barrios
Steve and Linda Sutherland accepted the resolution in their honor, and
presented the City with a historic photo of Baseline.
4C. Bankruptcy/Strategic Planning Update -- Management Partners
No announcement was made regarding the bankruptcy.
4D. Chamber of Commerce & Local Elected Officials Announcements
Chamber member Alyssa King announced upcoming Chamber of Commerce
events and activities.
5. Consent Calendar
Council Member Marquez pulled Agenda Items 5B and 5T from the Consent
Calendar for separate discussion. Council Member Valdivia pulled Agenda Items
5D, 5E, 5H, 5J, 5M, 5R, 5S, and 5T. Council Member Nickel pulled Agenda Items
50, 5U and 5V.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances [Ward(s): All]
Motion: Waive full reading of resolutions and ordinances on the agenda
dated November 7, 2016.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
5B. City Clerk
Council Minutes -- October 17, 2016 [Ward(s): N/A]
k,
Council Member Marquez asked that the minutes reflect that the Estrella family
sang the "National Anthem," "God Bless America," and "I'm Proud to Be an
American".
Motion: Approve the minutes of the Mayor and Common Council meeting of
October 17, 2016, as amended.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
L ---
5C. Civil Service
Personnel Actions - Classified [Ward(s): All]
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:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [6-0]
John Valdivia, Council Member, Ward 3
Jim Mulvihill, Council Member, Ward 7
Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
Shorett
5D. Community Development
ORD. MC -1430 - Ordinance of the Mayor and Common Council of the City of
San Bernardino Approving Development Code Amendment 16-06 Amending
Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development
Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for
Reusable Domestic Containers) of the Development Code (Title 19) of the San
Bernardino Municipal Code to Establish Development Standards and an
Approval Process for Unattended Collection Boxes or Similar Structures in Non -
Residential Zoning Districts. (FINAL READING) [Ward(s): All]
Motion: Adopt the Ordinance.
Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
I RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
C I
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
1 ABSENT: Shorett
5E. Community Development
Resolution 2016-221 - Resolution of the Mayor and Common Council of the City
of San Bernardino Accepting a Grant in the Amount of $398,200 from the
California Department of Housing and Community Development for an On -Site
Community Center at Waterman Gardens. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [5-0-1]
MOVER:
Virginia Marquez, Council Member, Ward 1
SECONDER:
Jim Mulvihill, Council Member, Ward 7
AYES:
Marquez, Barrios, Nickel, Richard, Mulvihill
ABSTAIN:
Valdivia
ABSENT:
Shorett
5F. Community Development
Resolution 2016-222 - Resolution of the Mayor and Common Council of the City
of San Bernardino Authorizing the Execution of a Mills Act Preservation
Agreement with Samuel Harvey and Erin Chester -Harvey for the Property
Located at 515 W. 21 St Street, San Bernardino. [Ward(s): 2]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5G. Community Development
RES. 2016-223 - Resolution of the Mayor and Common Council of the City of
San Bernardino Confirming Costs of Abatement of Public Nuisances and
Imposing Liens on Certain Real Property Located Within the City of San
Bernardino for the Costs of Abatement. [Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
[W]
u
5H. Finance
Approval of Commercial Checks and Payroll Checks [Ward(s): All]
Motion: Approve the claims and payroll and authorize the issuance of
warrants as listed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Shorett, Richard, Mulvihill
51. Finance
RES. 2016-224 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Amendment No. 1 to the
Agreement Between the City of San Bernardino and Revenue and Cost
Specialists, LLC. for a Cost Allocation Plan and User Fee Study. [Ward(s):]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5J. Human Resources
Personnel Actions - Unclassified [Ward(s): All]
Motion: Adopt the Resolution.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/8/2016
RESULT:
ADOPTED [5-2]
MOVER:
Virginia Marquez, Council Member, Ward 1
SECONDER:
Fred Shorett, Council Member, Ward 4
AYES:
Marquez, Barrios, Nickel, Shorett, Mulvihill
NAYS:
Valdivia, Richard
Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
5K, Human Resources
RES. 2016-225 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing Salaries for Police Department Ranges P-4
(Lieutenant), P-5 (Captain), P-6 (Assistant Chief) and P-7 (Chief) August 1, 2016.
[Ward(s): All]
Motion: Adopt the Resolution
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5L. Human Resources
RES. 2016-226 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing the Classification of Community Engagement
Specialist, Reclassifying the Classification of Community Engagement Officer to
Community Engagement Specialist and Deleting the Classification of Community
Engagement Officer for the Police Department. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5M. Human Resources
RES. 2016-227 - Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing the Classification of Procurement/Contract Support
Services Division Manager (U) and Approving the Job Description; Reclassifying
Purchasing Manager to Procurement/Contract Support Services Division
Manager (U); and Deleting the Purchasing Manager Classification. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NOES: Valdivia
Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
5N. Police
RES. 2016-228 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the City Manager to Execute a Lease Agreement
and Authorizing the Issuance of a Purchase Order to Chase Financial Services
for a Parking Lot Lease. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
50. Police
RES. 2016-229 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of the Second Three -Year Extension
of the Alarm Administration Services Agreement Between PMAM Corporation
and the City of San Bernardino. [Ward(s): All]
Motion: Adopt the Resolution.
.�, RESULT: ADOPTED [UNANIMOUS]
r MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5P. Police
RES. 2016-230 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Receipt, Obligation, and Appropriation of the
Allocated FY 2016/2017 Justice Assistance Grant (JAG) Funds and Execution of
a JAG Sub Award Grant Agreement Between the City of San Bernardino and
County of San Bernardino. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
XF
Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
5Q. Public Works
ORD. MC -1431 - Ordinance of the Mayor and Common Council of the City of
San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health
and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and
Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling
Program" and Article 8.25, Entitled "Scrap Tires." (FINAL READING) [Ward(s):
All]
Motion: Adopt the Ordinance.
RESULT: ADOPTED [6-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Shorett
5R. Public Works
RES. 2016-231 - 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
Nicholson Park.) [Ward(s): 6]
0 Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt the Resolution and ask the City Manager to return with a full
analysis of the amount collected, the implications for rest of the
budget, and the alternatives available to the council.
ADOPTED [UNANIMOUS]
John Valdivia, Council Member, Ward 3
Virginia Marquez, Council Member Ward 1
Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5S. Public Works
RES. 2016-232 - 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
Speicher Memorial Park. [Ward(s): 7]
Motion: Adopt the Resolution and ask the City Manager to return with a full
analysis of the amount collected, the implications for rest of the
budget, and the alternatives available to the council.
Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
C7
5T. Public Works
RES. 2016-233 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of a Second Amendment to the
Vendor Services Agreement with West Coast Arborists, Inc. for Tree Trimming
Services. [Ward(s): All]
Council Member Marquez stated that she would abstain from voting on the item
to avoid the appearance of a conflict of interest because she has accepted
campaign funds from West Coast Arborists, Inc.
Chief Assistant City Attorney Jolena Grider said there was no actual conflict
however Marquez left the dais for the remainder of the discussion of the item.
Motion: Adopt the Resolution.
RESULT:
ADOPTED [6-0-1]
MOVER:
John Valdivia, Council Member, Ward 3
SECONDER:
Fred Shorett, Council Member Ward 4
AYES:
Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
ABSTAIN:
Marquez
5U. Public Works
RES. 2016-234 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Amendment No. 4 to Lease RL
2470 with Metropolitan Water District of Southern California, Regarding
Assessment District No. 1055 in the Pine Avenue and Redwood Street Area,
Tract No. 17716. [Ward(s): 5]
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
Henry Nickel, Council Member, Ward 5
John Valdivia, Council Member Ward 3
Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
MOVER:
SECONDER:
AYES:
5V. Public Works
RES. 2016-235 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Cooperative Agreement No. 16-
1001398 Between San Bernardino Associated Governments (SANBAG) and the
City of San Bernardino for San Bernardino Valley Coordinated Traffic Signal
System Operation and Maintenance (Local Agency Retiming) [Ward(s): All]
Mayor and Common Council of the City of San Bernardino Page 11 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Public Hearings
6A. Community Development
RES. 2016-236 - 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 Parcels Containing a Total of Approximately 3.57 Acres in Order to
Construct a Planned Unit Development Comprised of 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.
[Ward(s): 4]
Mayor Davis opened the hearing.
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:
Opposed:
Chris Peterson, San Bernardino
Jan Windhausen, San Bernardino
Scott Olson, San Bernardino
Marcello DeBarros, San Bernardino
Veronika Petta, San Bernardino
Deanna Adams, San Bernardino
Brandy Barbee, San Bernardino
Jay Lindberg, San Bernardino
Jeff Webber, Orange
Barbara Babcock, San Bernardino
In Support:
Ed Bonadiman
Mayor and Common Council of the City of San Bemardino Page 12 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
Motion: 1) Close the Public Hearing;
•Mh 2) Adopt Resolution adopting the Categorical Exemption; and,
accepting General Plan Amendment 16-02 and
Development Code Amendment (Zoning Map Amendment)
14-17.
RESULT: ADOPTED [4-3]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Valdivia, Shorett, Richard, Mulvihill
NAYS: Marquez, Barrios, Nickel
7. Staff Reports
7A. City Attornev
An Ordinance of the Mayor and Common Council of the City of San Bernardino
Amending Chapter 8.90 Related to Mobile Home Rents. (FIRST READING)
[Ward(s): All]
Motion: Lay over Ordinance for final adoption.
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Valdivia
7B. City Manager
J-2016-58 - Resolution of the Governing Board of the San Bernardino Joint
Powers Financing Authority Authorizing the Sale and Issuance of the San
Bernardino Joint Powers Financing Authority Lease Revenue Refunding Bonds
(Rosa Parks Memorial State Office Building) 2016 Series A; Approving the Forms
and Authorizing the Execution and Delivery of an Indenture, an Amended and
Restated Lease Purchase Agreement, and an Escrow Agreement; Approving the
Forms of a Continuing Disclosure Agreement and Notice of Sale; Approving the
Form of and Authorizing the Delivery of a Preliminary Official Statement and an
Official Statement; and Approving Other Related Actions. [Ward(s): 1]
Motion: Adopt the Resolution and authorize all additional actions necessary
to accomplish the purposes of the Resolution.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
j AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 13 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
7C. City Manager
RES. 2016-237 - Resolution of the Mayor and Common Council of the City of
San Bernardino Approving a Lease Agreement with the Inland Empire 66Ers
Baseball Club of San Bernardino, Inc. for the Property Located at 280 South "E"
Street, San Bernardino, California and Approving Certain Related Actions.
[Ward(s): 1]
Public Comments:
Michael Bracken, Palm Desert
Motion: Adopt the Resolution.
RESULT: ADOPTED [6-1]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NAYS: Valdivia
7D. Council Office
2016 American Planning Association California Conference [Ward(s): All]
Consensus: Receive and File.
7E. Council Office
2016 League of California Cities Annual Conference & Expo Reports by Council
Members Marquez, Barrios, Valdivia and Nickel [Ward(s): All]
Consensus: Receive and File.
7F. Council Office
Homelessness Task Force Ad Hoc Committee [Ward(s): All]
Public Comments:
Kent Paxton, San Bernardino
Jacqueline Hill, San Bernardino
Motion: Schedule a homeless workshop in December.
RESULT:
ADOPTED [4-3]
MOVER:
Jim Mulvihill, Council Member, Ward 7
SECONDER:
Benito Barrios, Council Member, Ward 2
AYES:
Marquez, Barrios, Shorett, Mulvihill
NAYS:
Valdivia, Nickel, Richard
Mayor and Common Council of the City of San Bernardino Page 14 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
7G. Water
RES. 2016-238 - Resolution of the Common Council of the City of San
Bernardino (1) Approving the Issuance of Not to Exceed $45,000,000 Aggregate
Principal Amount of Sewer Revenue Bonds, Series 2016 (City of San Bernardino
Sewer Facilities Project) of the California Municipal Finance Authority; (11)
Approving the Form of an Indenture of Trust and Authorizing the Execution and
Delivery of an Installment Purchase Agreement, a Continuing Disclosure
Agreement, a Bond Purchase Agreement and Other Related Documents; (III)
Approving the Delivery of an Official Statement; and (IV) Approving Certain
Actions in Connection Therewith. [Ward(s): All]
Motion: Adopt the Resolution.
RESULT:
ADOPTED [3-3]
MOVER:
Jim Mulvihill, Council Member, Ward 7
SECONDER:
Fred Shorett, Council Member, Ward 4
AYES:
Marquez, Shorett, Mulvihill
NAYS:
Barrios, Valdivia, Richard
ABSTAIN: Nickel
** NOTE: Mayor Davis broke the tie with a "yes" vote, and the motion
carried.
8. Items to be Reconsidered
8A. 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. [Ward(s):]
Public Comments:
Michael Hine, San Bernardino
Terry Kent, Glendora
Kent Paxton, San Bernardino
Scott Olson, San Bernardino
Jim Smith, San Bernardino
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: ADOPTED [4-3]
MOVER: Benito Barrios, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrio, Shorett, Mulvihill
NAYS: Valdivia, Nickel, Richard
Mayor and Common Council of the City of San Bernardino Page 15 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
9. Public Comments on Items not on the Agenda
Barbara Babcock, San Bernardino, spoke in favor of Measure L and urged
people to consider that this was something that would help keep good people
working for the City. She also suggested a yes vote on Mark Steinorth and
Cheryl Brown.
Deanna Adams, San Bernardino, said the City showed disrespect this evening
for the City's heritage. She said a sound city has inner and outer landscape. She
also said the City needs checks and balances and said the pro -Measure L group
was trying to silence opponents. She urged a no vote on Measure L.
Jay Lindberg, San Bernardino, said he did not agree with Measure L because it
had no campaign finance reform in it. He said he has never seen a time when the
City was not controlled by outside interests and the same people would continue
to control the City.
Susan Lien Longville, San Bernardino, thanked those who have worked hard
on the Measure L campaign and said twenty-four hours from now future Mayor's
and Councils would have a better situation to work with.
Sandra Ibarra, San Bernardino, urged a no vote on Measure L. She read from
the preamble of the current Charter. She read the preamble to the proposed
Charter. She said the current charter promotes economic prosperity, ethics,
accountability, equality of opportunity and questioned where the proposed
Charter did the same. She repeatedly urged residents to vote no on L.
Linda Hart, San Bernardino, asked about the specifics of the Brown Act. She
said those who fought for us to speak and to vote would turn over finding out that
democracy did not happen at San Bernardino City Council tonight.
Dolores Armstead, San Bernardino, said that the treatment of speakers earlier
in the meeting was an embarrassment.
Jim Smith, San Bernardino, lauded the KaBoom project that was recently built in
San Bernardino. He thanked Barrios for doing research on the Mary's Village
project and bringing it back for consideration.
10. Items to be Referred to Council Committees
None
11. Announcements from Mayor, Common Council and Executive
Staff
Mayor and Common Council of the City of San Bernardino Page 16 Printed 11/8/2016
Joint Regular Meeting Minutes November 7, 2016
14
12. Adjournment
The meeting adjourned at 11:47 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, November 21, 2016.
By:
GEOR ANN "GI ' Hanna
City Clerk
Mayor and Common Council of the City of San Bernardino Page 17 Printed 11/8/2016