HomeMy WebLinkAbout05.B- City Clerks 5.B.a
► �� City 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
' Fred Shorett
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Henry Nickel
Bessine L. Richard
James Mulvihill
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DRAFT MINUTES
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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 3
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 o
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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 ��
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MONDAY, DECEMBER 5, 2016
COUNCIL CHAMBER
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The Joint Regular Meeting of the Mayor and Common Council of the City of San
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Bernardino was called to order by Mayor R. Carey Davis at 2:03 p.m., Monday,
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December 5, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby),
San Bernardino, California. ni
Roll Call o
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:00 p.m.
Benito J. Barrios Council Member, Ward 2 Late 2:21 p.m. y
John Valdivia Council Member, Ward 3 Late 4:00 p.m. a
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Present 2:00 p.m; _
Bessine L. Richard Council Member, Ward 6 Late 4:00 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
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Joint Regular Meeting Draft Minutes December 5, 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
Gilbert McCory v. City of San Bernardino - United States District
Court, Case No. CV15-01567 JGB (DTBx); N
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Shirley Allen v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS1500485. d
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). —
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City v. Zubiate c
One item
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D. Closed Session - personnel - pursuant to Government Code Section
54957(b): E
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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 o
54957(a):
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6 (01
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8. o
Property: 904 S. Foisy Street (APN 0280-131-23)
Negotiator: Mark Scott E
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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 Bill Peters, of the Unified Baptist Church. The
Pledge of Allegiance was led by Hector Vargas, a fourth grade student from Cypress
Elementary School.
Mayor and Common Council of the City of San Bernardino Page 2
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Joint Regular Meeting Draft Minutes December 5, 2016
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of Gilbert McCory v. City of San Bernardino, the Council
gave settlement direction by vote of 5-0, with Council Members Valdivia
and Richard absent;
In the matter of Shirley Allen v. City of San Bernardino, the Council o
gave settlement direction by vote of 4-1, with Council Member Nickel N
voting "no" and Council Members Valdivia and Richard absent. d
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Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
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In the matter of City v. Zubiate, the Council gave settlement direction by
vote of 5-0, with Council Members Valdivia and Richard absent.
Under Agenda Item No. 1 G, Conference with real property negotiator:
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In the matter of Property: 904 S. Foisy Street (APN: 0280-131-23) the c.)
Council gave settlement direction by vote of 5-0, with Council Members
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Valdivia and Richard absent.
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3. Appointments
No appointments were made at this meeting.
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4. Presentations
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4A. Proclamation Designating December 5, 2016 as Jack Hill Day
Council Member Mulvihill read and presented a proclamation to Mr. Hill.
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4B. Presentation to First Responders (Military Veterans) of December 2, 2015 —
Fine Arts Commission and Quilts of Valor Program
Fine Arts Commissioner Deb Bunger and Deanna Bryce from Pomona Valley
Quilts of Valor presented quilts to the San Bernardino first responders, who are
also veterans in honor of the service they provided to the City on December 2, a
2015.
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.
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Joint Regular Meeting Draft Minutes December 5, 2016
5. Consent Calendar
City Manager Mark Scott announced that Agenda Item 5D was being pulled from
the agenda and would be considered at a later date. Council Member Marquez
pulled Agenda Item 51 for clarification purposes.
Public Comments:
Scott Olson, San Bernardino
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Virginia Marquez, Council Member, Ward 1 `6
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AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5A. City Clerk °
Waive Full Reading of Resolutions and Ordinances [Ward(s): All]
Approved M
Motion: Waive full reading of resolutions and ordinances on the agenda
dated December 5, 2016.
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RESULT: ADOPTED [7-0] 00
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1 >
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5B. City Clerk ❑
Council Minutes — November 21, 2016
Approved
Motion: Approve the minutes of the Mayor and Common Council meeting of
November 21, 2016, as submitted. L0
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RESULT: ADOPTED [7-0]
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MOVER: John Valdivia, Council Member, Ward 3 E
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill a
5C. City Clerk
Request to Use City Seal
Approved
Motion: Grant Permission to the City Clerk to Use the City Seal on a Cookie
Press.
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Joint Regular Meeting Draft Minutes December 5, 2016
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5D. City Manager
Resolution of the Mayor and Common Council of the City of San Bernardino
Authorizing the City Manager to Execute a Lease Agreement Between the City of
San Bernardino and 600 N. Arrowhead Street for the Lease of Office Space.
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This item was pulled from the agenda and not considered. L
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5E. Civil Service E
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Personnel Actions - Classified d
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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.
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RESULT: ADOPTED [7-0] ti
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1 >
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 01
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5F. Community Development
RES. 2016-246 - Resolution of the Mayor and Common Council of the City of
San Bernardino, California Approving and Authorizing the Execution of a License
Agreement for a Freestanding Freeway-Oriented Electronic Message Center
Sign Located at 1630 S. "E" Street (APN: 0141-253-02) Within the Commercial Li
General (Cg-1) Zone. o
Approved d
Motion: Adopt the Resolution.
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RESULT: ADOPTED [7-0] a
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 5
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Joint Regular Meeting Draft Minutes December 5, 2016
5G. Finance
Approval of Commercial Checks and Payroll Checks
Approved
Motion: Approve the claims and payroll and authorize the issuance of warrants
as listed.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 N
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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5H. Public Works o
RES. 2016-247 - Resolution of the Mayor and Common Council of the City of ;
San Bernardino Approving the Second Street Bridge Replacement Project Y
(Bridge #54C-0411) for Which an Initial Study/Mitigated Negative Declaration =
was Prepared in Accordance with the California Environmental Quality Act and
Adopting a Mitigation Monitoring and Reporting Program.
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Approved
Motion: Adopt the Resolution.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
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SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill o
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51. Public Works
RES. 2016-248 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the City Manager, or Designee, to Sign and Submit a
Cooperative Work Agreement Extension Request to the California Department of
Transportation (Caltrans) for the Extended Use of Federal Funds Encumbered o
for the Mt. Vernon Bridge Replacement Project (Federal Project Id: Brls- w
5033(042)) and Second Street Bridge Replacement Over Warm Creek, Bridge E
No. 54C-0411 (Federal Project Id: Brls-5033(052).
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Approved a
Motion: Adopt the Resolution.
RESULT: ADOPTED [7-0]
MOVER: Virginia Marquez, Council Member, Ward 1
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SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 6
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Joint Regular Meeting Draft Minutes December 5, 2016
5J. Public Works
RES. 2016-249 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Execution of Amendment No. 2 to the Agreement
for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon
Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP Project No.
Ss04-012 and Federal Aid Project No. Brls-5033 (042).
Approved
Motion: Adopt Resolution.
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RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3 E
SECONDER: Virginia Marquez, Council Member, Ward 1 0
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ;
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6. Public Hearings
6A. Community Development
Ordinance of the Mayor and Common Council of the City of San Bernardino, c°�
California Adopting a Categorical Exemption 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) ;
5.B.a
Joint Regular Meeting Draft Minutes December 5, 2016
RESULT: ADOPTED [7-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
.................
6B. 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 Approximately 11.02 Acres from Residential Urban o
to Residential Medium and Development Code Amendment (Zoning Map N
Amendment) 15-01 to Change the Zoning District from Residential Urban (RU) to `L'
Residential Medium (RM) in Order to Allow the Development, Establishment and 0
Operation of Mary's Village Located on the North Side of Walnut Street Between
Pico Avenue and San Marcos Street. (FIRST READING); and o
RES. 2016-250 - 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 Approving
Conditional Use Permit 15-09.
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Mayor Davis opened the hearing.
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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 E
honest testimony. 'i
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Public Comments: t
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In Support:
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Michael Hein, Mary's Mercy Center (Applicant)
Terry Kent, Board Member, Mary's Mercy Center
Fr. Manuel Cardoza, San Bernardino
Ray Osborne, Executive Director, HomeAid Inland Empire
Ron Drews, Central City Lutheran Mission LO
John Morrissey, Board Member, Mary's Mercy Center o
Kent Paxton, San Bernardino
Carlos Rodriguez, Rancho Cucamonga
Pastor Joshua Beckley, San Bernardino
Rev. Leonard DePasquale, San Bernardino r
Kathleen McDonnell, Dignity Health, San Bernardino a
Fr. Mike Barry, Oak Hills
Sandi Roberts, San Bernardino
Shaana Boehm, San Bernardino
Dr. Tapie Rohm, San Bernardino
M. Victoria Bianci, San Bernardino
Aaron Cox, San Bernardino
Marsha Holguin, San Bernardino
Mayor and Common Council of the City of San Bernardino Page 8
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Joint Regular Meeting Draft Minutes December 5, 2016
6B. Continued
In Opposition:
Scott Olson, San Bernardino
Juan Figueroa, San Bernardino
Applicant Michael Hein turned in petitions in support of the project to the City
Clerk.
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Approved N
Motion: 1) Close the Public Hearing; `
2) Approve the introduction of the Ordinance and direct City E
staff to schedule the second reading and adoption of the
Ordinance on the consent calendar of the next regularly o
scheduled meeting of the Mayor and Common Council; and
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3) Adopt the Resolution.
RESULT: ADOPTED [4-3]
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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Mulvihill
NAYS: Valdivia, Nickel, Richard ( >
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7. Public Comments on Items not on the Agenda
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Robert Porter, San Bernardino, spoke about the Turkey Trot 5K Race and the
memorial for the December 2, 2015 event. He said he was missing Mike Wetzel,
his fraternity brother who died in the attack,.
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Scott Olson, San Bernardino, clarified that the Ho-Ho parade was not opened to Li
the public and they would not want people to join the parade as it passed. He o
spoke about the new Charter and suggested that the elected City Attorney be
replaced with an appointed attorney now that it had been approved by voters.
8. Items to be Referred to Council Committees w
None. Q
9. Announcements from Mayor, Common Council and Executive
Staff
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Joint Regular Meeting Draft Minutes December 5, 2016
10. Adjournment
The meeting adjourned at 8:04 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, December 19, 2016.
By:
Georgeann "Gigi" Hanna, CMC
City Clerk
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Mayor and Common Council of the City of San Bernardino Page 10
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