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HomeMy WebLinkAbout12-19-2016 Jt. Reg Mtg MinutesCity of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia MINUTES Fred Shorett Henry Nickel Bessine L. Richard Jim 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, DECEMBER 19, 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 2:04 p.m., Monday, December 19, 2016, in the Council Chamber, 300 North "D" Street (Lobby), San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:04 p.m. Benito J. Barrios Council Member, Ward 2 Late 2:20 p.m. John Valdivia Council Member, Ward 3 Absent ---- Fred Shorett Council Member, Ward 4 Present 2:04 p.m. Henry Nickel Council Member, Ward 5 Present 2:04 p.m. Bessine L. Richard Council Member, Ward 6 Late 2:36 p.m. James Mulvihill Council Member, Ward 7 Present 2:04 p.m. R. Carey Davis Mayor Present 2:04 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:04 p.m. Gary D. Saenz City Attorney Present 2:04 p.m. Mark Scott City Manager Present 2:20 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 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 Carlos Ramirez v. City of San Bernardino, et al., United States District Court Case No. CV15-01015-FMO (PLa) 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. Mejia City v. Trinidad One (1) Item D. Closed Session - personnel - pursuant to Government Code Section 54957. 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. 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. Property: 1400 block Cooley Court (APN 0281-031-52 and 0281-021- 30) Negotiator: Mark Scott 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 Keith Tolbert of Life Center Church. The Pledge of Allegiance was led by Isabella Seccombe, a 6th grade student at H. Frank Dominguez Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Carlos Ramirez v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Valdivia absent. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Mejia, the Council gave direction by vote of 6-0, with Council Member Valdivia absent. In the matter of City v. Trinidad, the Council gave direction by vote of 6-0, with Council Member Valdivia absent. Under Agenda Item No. 1 G, conference with real property negotiator: In the matter of Carlos Ramirez v. City of San Bernardino, the Council gave settlement direction by consensus. 3. City Council Appointments There were no Council appointments. 4. Presentations 4A. Special Recognition — Turkey Trot Committee and Winners — Mayor R. Carey Davis Mayor Davis presented certificates of recognition to the Turkey Trot Committee. 4B. Special Recognition — Angels of Love — Mayor R. Carey Davis Mayor Davis presented certificates of recognition to the Angels of Love for their project in memory of the December 2, 2015 terrorist attack. 4C. Special Recognition — Art Institute of California, Inland Empire — Leadership and Organization Behavior Class — Mayor R. Carey Davis Mayor Davis presented certificates of appreciation to the students from the Art Institute for their efforts with the program and presentation at the City's Night of Remembrance program. 4D. Special Recognition — Way World Outreach — Mayor R. Carey Davis Mayor Davis presented certificates of appreciation to the Way World Outreach church for its efforts with the program and presentation at the City's Night of Remembrance program. Mayor and Common Council of the City of San Bernardino Page 3 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 4E. Student of the Month — Omar Perkins, Cajon High School — Council Member Nickel Omar Perkins was presented a certificate in recognition of his academic achievements. 4F. Citizen of the Month — Karen DiCarlo — Council Member Marquez Karen DiCarlo was presented with a certificate honoring her as Citizen of the Month. 4G. Update by Wildwood Neighborhood Association — Ms. Nadine Chaney Nadine Chaney, Vice President, provided an update of the Wildwood Neighborhood Association. 4H. Bankruptcy/Strategic Planning Update -- Management Partners Andy Belknap, of Management Partners, gave a brief update on the status of the City's bankruptcy plan, which was tentatively confirmed on December 6, 2016. 41. Chamber of Commerce & Local Elected Officials Announcements Chamber member Roger Henderson announced upcoming Chamber of Commerce events and activities. 5. Consent Calendar Public Comments: Phil Savage, San Bernardino 5A. City Clerk Waive Full Reading of Resolutions and Ordinances. Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated December 19, 2016. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 5B. City Clerk Council Minutes -- December 5, 2016 Approved Motion: Approve the minutes of the Mayor and Common Council meeting of' the December 5, 2016, as submitted. Mayor and Common Council of the City of San Bernardino Page 4 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 5C. City Clerk RES. 2016-251 — Resolution of the Mayor and Common Council of the City of San Bernardino, California, Reciting the Facts of the Municipal Election Held in Said City on the 8th day of November 2016, Declaring the Results Thereof and Setting Forth Such Other Matters as are provided by Law. Approved Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 5D. City Clerk RES. 2016-252 — Resolution of the Mayor and Common Council of the City of San Bernardino Designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the Public Library to Receive a copy of the Local Appointments List (The Maddy Act). Approved Motion: Adopt Resolution of the Mayor and City Council of the City of San Bernardino Designating the Norman F. Feldheym Central Branch of the San Bernardino Library as the Public Library to Receive a Copy of the Local Appointments List (The Maddy Act). RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia Mayor and Common Council of the City of San Bernardino Page 5 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 5E. Civil Service Classified Personnel Actions Approved 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 [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 5F. Finance Check Register Approval Approved Motion: Approve the commercial checks for November 17, 2016, and the payroll checks for the pay date of November 30, 2016. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 5G. Information Technology RES. 2016-253 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement with Dimension Data Inc. and the Issuance of Purchase Order to Dimension Data Inc. in the Amount of $159,400.00 for PBX Configuration and Integration Services and Phone Equipment. Approved Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: Adopt the Resolution. ADOPTED [6-0] Fred Shorett, Council Member, Ward 4 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill Valdivia Mayor and Common Council of the City of San Bernardino Page 6 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 5H. Police RES. 2016-254 — 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 for the Implementation of the Bureau of Justice Assistance (BJA) Body -Worn Camera Pilot Implementation Program Grant. Approved Motion: Adopt the Resolution approving the Memorandum of Understanding with the Fontana Police Department for the implementation of the Bureau of Justice Assistance (BJA) Body Worn Camera Implementation Program Grant and authorizing the City Manager, or designee, to execute the agreement. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 51. Successor Agency RES. 2016-255 — 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 2347 West College Avenue, San Bernardino, California. Approved Motion: Adopt the Resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [6-0] Fred Shorett, Council Member, Ward 4 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill Valdivia 6. Public Hearings 6A. Community Development ORD. MC -1433 - Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Chapter 15.04 (Building Codes) Adopting by Reference the 2016 California Building Code, the 2016 California Electrical Code, the 2016 California Mechanical Code, the 2016 California Plumbing Code, the 2016 California Residential Code, the 2016 California Green Building Code, the 2015 International Property Maintenance Code, the 2015 International Existing Building Code, the 2015 International Mayor and Common Council of the City of San Bernardino Page 7 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 6A. Continued Ve Residential Code Appendix H, the 1997 Uniform Housing Code, the 1997 Uniform Administrative Code, and the 1997 Uniform Code for Abatement of Dangerous Buildings with Appendices and Local Amendments (Final Reading). Mayor Davis opened the hearing. No public comments were received. Approved Motion: Accept for final reading and adopt Ordinance amending Chapter 15.04 (Building Codes) adopting by reference a series of model codes related to building in the City of San Bernardino. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 6B. Community Development RES. 2016-256 — Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report (State Clearinghouse No. 2015081086) for the Waterman + Baseline Neighborhood Transformation Specific Plan (Specific Plan 15-01), And Adopting The Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program Pursuant to the Requirements of the California Environmental Quality Act, and; Ordinance of the Mayor and Common Council of the City of San Bernardino, California Approving Specific Plan 15-01 to Change the General Plan Land Use Designations and Zoning Districts of Approximately 710 Acres to the Waterman Baseline Neighborhood Transformation Specific Plan (First Reading) 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: In Support: Frank Pearce, San Bernardino Roger Henderson, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 Approved Motion: Adopt Resolution certifying the Final Environmental Impact Report (SCH No. 2015051086) and adopting a Statement of Overriding Considerations and the and Mitigation Monitoring and Reporting Program pursuant to the requirements of the California Environmental Quality Act; and Introduce an Ordinance approving the Waterman Baseline Neighborhood Transformation Specific Plan (SP 15-01). RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 7. Staff Reports 7A. Community Development ORD. MC -1434 - Ordinance of the Mayor and Common Council of San Bernardino, California, Approving General Plan Amendment 16-03 to Change the General Plan Land Use Designation of Approximately 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) for the Development and Operation of a Transitional Housing Facility for Men (Mary's Village) Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street (Final Reading) Approved Motion: Accept for final reading an Ordinance approving the General Plan Amendment 16-03 and Zoning Map Amendment 15-01 for the development and operation of a transitional housing facility for men (Mary's Village) on the north side of Walnut Street between Pico Avenue and San Marcos Street (Attachment 1). Public Comments: In Support: Kent Paxton, San Bernardino Alicia Enciso, San Bernardino Kathleen McDonnell, Dignity Health, San Bernardino Terry Kent, Board Member, Mary's Mercy Center In Opposition: Scott Olson, San Bernardino Mayor and Common Council of the City of San Bernardino Page 9 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, I ABSENT: Valdivia 7B. Community Development ORD. MC -1435 - Ordinance of the Mayor and Common Council of the City of San Bernardino, California, Adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and Approving 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 (Final Reading). Public Comments: Karmel Roe, San Bernardino Approved "— Motion: Accept for final reading an Ordinance adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and approving General Plan Amendment 16-02 and Development Code Amendment 14-17 in unincorporated San Bernardino (Arrowhead Farms). RESULT: ADOPTED [3-3] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: 7red Shorett, Council Member, Ward 4 AYES: Shorett, Richard, Mulvihill NAYS: Marquez, Barrios, Nickel ABSENT: Valdivia ** NOTE: Mayor Davis broke the tie with a "yes" vote, and the motion carried. 7C. Successor Agency RES. 2016-257 – Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Purchase and Sale Agreement and Joint Escrow Instructions Between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and HIP So Cal Properties, LLC with Respect to the Real Property located at 904 South Foisy Street, San Bernardino, California, (APN 0280-131-23) and Approving Certain Related Actions. Mayor and Common Council of the City of San Bernardino Page 10 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 Approved Motion: Adopt Resolution as the Successor Agency to the Redevelopment Agency of the City of San Bernardino approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and HIP So Cal Properties, LLC with respect to 904 South Foisy Street, San Bernardino (APN 0280-131-23) and approving certain related actions. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 7D. City Manager Discussion and Consideration Regarding Allowing Additional Property Assessed Clean Energy (PACE) Program Providers in the City. Public Comments: In Support: Jonathan Kevles, Renew Financial, Oakland Jeff Simonetti, Irvine George Apostolopoulos, Santa Rosa Approved Motion: Direct staff to bring back a resolution at the next MCC meeting. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 7E. City Manager RES. 2016-258 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Substantial Amendment to the HUD Fiscal Years 2015-2019 Consolidated Plan and FY 2016-2017 Annual Action Plan. Public Comments: In Support Sandra Ibarra, San Bernardino Approved Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 11 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 RESULT: ADOPTED [6-0] ''"W MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 7F. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Professional Services Agreement with Cota Cole LLP for Legal Services Related to Receiverships. Approved Motion: Continue to January 9, 2017. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia 7G. Community Development ORD. MC -1436 - Ordinance of the Mayor and Common Council of San Bernardino, California, Adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and Approving Development Code Amendment 16-09 Amending Chapter 19.06 (Commercial Zones), Section 19.06.010(2)(G) (Commercial Regional, Tri-City/Club Zone), Section 19.06.020(E)(3) (Development Permitted and Conditionally Permitted Uses) (Eating/Drinking Establishments)(Restaurants with Drive-Thru), and Section 19.06.030(2)(H)(1) (Development Standards) (Specific Standards for Commercial Zones) (Drive-Thru Restaurants) of the Development Code (Title 19) of the City of San Bernardino Municipal Code (Final Reading). Approved Motion: Adopt the Ordinance adopting a Categorical Exemption to the California Environmental Quality Act (CEQA) and approving a Development Code Amendment 16-09. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia Mayor and Common Council of the City of San Bernardino Page 12 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 7H. City Manager Capital Improvement Program (CIP) No Action Taken Motion: Review and discuss the Capital Improvement Program (CIP) overview. 8. Public Comments on Items Not on the Agenda Karmel Roe, San Bernardino, said she wished the Mayor would allow people to speak after an item was introduced, and not before. She also read the resolution regarding the duties of the Community Development Advisory Board. Scott Olson, San Bernardino, about the political campaigns he worked on in the previous years. He said people could still use the recall process to change the make-up of the City's elected officials. Robert Porter, San Bernardino, said he had received a license for his "I Love San Bernardino" productions and also said he had ideas that people could do for the City that didn't cost much money. Sandra Ibarra, San Bernardino, spoke about not being able to speak at the last meeting, although her speaker slip was in and asked that the public comments begin at 6:30 p.m. Frank Pearce, San Bernardino, spoke about various governmental officials, historical figures, Donald Trump, a soapbox derby in San Bernardino and freeway pillars. Jay Lindberg, San Bernardino, spoke about climate change and showed a map of the world. He said there was a lot of methane coming from the Artic. Joe Mora, San Bernardino, said he had been calling about an unsafe tree in front of his house. He said he had made many work orders for the tree and sought help from the Mayor. He warned that the tree was about to fall and would hurt people. Jim Smith, San Bernardino, congratulated the Council for moving the City forward. He said he sees hope for the City's future. 9. Items to be Referred to Council Committees No items were referred to committees. 10. ANNOUNCEMENTS BY MAYOR, COUNCIL AND EXECUTIVE STAFF Mayor and Common Council of the City of San Bernardino Page 13 Printed 12/19/2016 Joint Regular Meeting Minutes December 19, 2016 11. Adjournment At 8:30 p.m., the meeting adjourned in memory of Simon Shorett, Michael Craft and Jack Brown. 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, January 9, 2017. a i Y: - George "Gigi" Hanna, CMC City Clerk Mayor and Common Council of the City of San Bernardino Page 14 Printed 12/19/2016