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HomeMy WebLinkAbout04-17-2017 MCC 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 Richard Jim Mulvihill JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY And MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, APRIL 17, 2017 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:03 p.m., Monday, April 17, 2017, 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 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 4:00 p.m. John Valdivia Council Member, Ward 3 Present 2:38 p.m. 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 Present 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 City Council of the City of San Bernardino Page 1 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 Closed Session 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 Quiang Ye, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 AMF 1278, LLC, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702131 Michael Lee, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704539 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. Jim Phung City v. Wells Fargo Bank, N.A. C. CONFERENCE WITH LABOR NEGOTIATOR — Pursuant to Government Code Section 54957.6: Negotiator: Helen Tran, Human Resources Director Mark Scott, City Manager Employee Organizations: General Unit Middle Management Police Safety D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Pursuant to Government Code Section 54956.8: Property Address: An approximately 18 -acre vacant site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues (APNs 1191-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041- 25 to 32). Negotiating Parties: Mark Scott, City Manager Andrea Miller, Assistant City Manager Mayor and City Council of the City of San Bernardino Page 2 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 Closed Session Report City Attorney Gary Saenz reported the following actions occurred in Closed Session: Under Agenda Item No. 1A, Conference with Legal Counsel • In re: City of San Bernardino, US Bankruptcy Court Case No. 6:12-bk- 28006 MJ: With respect to one of the bankruptcy claims, Council gave settlement directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. • Quiang Ye, et al. V. City of San Bernardino, Superior Court Case No. CIVDS 1704276; Council gave litigation directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. • AMF 1278, LLC, et al. V. City of San Bernardino. Superior Court Case No. CIVDS 1702219; Council gave litigation directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. • Kush Concepts Collective, et al. V. City of San Bernardino, Superior Court Case No. CIVD 1702131; Council gave litigation directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. • Michael Lee, et al. v. City of San Bernardino, Superior Court Case No. CIVDS 1704539: Council gave litigation directive by a vote of 4-0, with Council Members Barrios, Valdivia and Richard absent. Under Agenda Item No. 1 B, Conference with Legal Counsel — Anticipated Litigation: • City v. Jim Phung Council gave settlement direction by a vote of 5-0, with Council Members Barrios and Richard absent. • City v. Wells Fargo Bank, N.A. Council gave settlement direction by a vote of 5-0, with Council Members Barrios and Richard absent. Mayor and City Council of the City of San Bernardino Page 3 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 Under Agenda Item No. ID, Conference with Real Property Negotiators: An approximately 18 -acre vacant site consisting og 74 parcels located at the southwest corner of East Highland and Adren Avenues (APNs 1191-021-01; 1191-021-11 to 69,,1191-041-17 to 22; and 1191-041-25 to 32 Council gave negotiation directive by a vote of 5-0, with Council Members Barrios and Richard absent. Presentation of Colors and Pledge of Allegiance Boy Scout Troop 1, Inland Empire Council, Arrowhead District, presented the colors and led the Pledge of Allegiance. National Anthem The Star Spangled Banner was sung by the Estrella Family: Kathleen, Khiarra, Khaeryst and Xander Estrella Reading of Resolutions and Ordinances Chief Deputy City Clerk John Paul Maier read into the record the titles of all the resolutions and ordinances on the agenda for April 17, 2017. Invocation/Pledge of Allegiance Pastor Ray Turner of Temple Missionary Baptist led the invocation. Presentations 1. Recognition to the Participants of the Mayor's Youth Academy Pilot Program- Mayor R. Carey Davis Mayor Davis presented certificates to three students who shadowed the Mayor recently: Michael Pelayo, Kenya Gomez and Alma Delgado. He also presented certificates to the students from Assemblyman Steinorth's office. 2. Proclamation of the Mayor & City Council Proclaiming April 29, 2017 as Day of Service — Mayor R. Carey Davis Mayor Davis presented a proclamation to Dr. Margaret Hill, a member of the San Bernardino Service Council. 3. 2017 Mayors' Institute on City Design Update — Mayor R. Carey Davis Mayor Davis provided an update of the topics discussed recently at the Washington DC conference. 4. Student of the Month — Anthony Evans — Council Member Benito Barrios Council Member Barrios honored Pacific High School student Anthony Evans for being Student of the Month and presented him with a certificate. 5. Citizen of the Month: Norton Air Force Base Museum Volunteer Board — Council Member Henry Nickel Council Member Nickel honored the volunteer board of the Norton Air Force Base Museum: President Robert Edwards; Vice President Mike Parkerson; Mayor and City Council of the City of San Bernardino Page 4 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 Secretary Gil Vanegas; Treasurer Jane Sneddon; and board members RC Grant; Tom Killough; Art LaMonthe; Billy Mitchell; Bonnie Seath; Gary Jacobs; and Robert Turner. 6. Hometown Military Banner Ad Hoc Committee 11th Unveiling of the Hometown Heroes Military Banners Presentation — Council Members Virginia Marquez, Fred Shorett, John Valdivia Council Member Virginia Marquez and IT Director Mitch Cochran presented the 11th unveiling of the Hometown Heroes Military Banners, honoring: Jason Barajas, Army; Amanda Cortez, Army; Christopher Elizalde, Navy; Emilio Flores, Army; Michael Garcia, Marine Corps; Cherrelle Littlefield -Rojas, Air Force; Dominic Saenz, Marine Corps; Michael Valenzuela, Army; and Philipe Vazquez, Army. Following the presentation; the Estrella Family sang "Proud to Be an American." 7. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens announced the upcoming Chamber of Commerce events. Roxanna Garcia, from Assemblywoman Eloise Reyes' office, thanked the Mayor and City Council for being responsive after the shooting at Northpark Elementary School. Consent Calendar Council member Valdivia pulled item 15 to abstain because of his business relationship with the party involved. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 8. Cil Clerk Waive Full Reading of Resolutions and Ordinances on the agenda dated April 20, 2017. Approved Motion: Waive Full Reading of Resolutions and Ordinances on the agenda dated April 20, 204-7 April 17, 2017. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 5 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 9. Finance Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2017. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 10. City Clerk Approval of Destruction of Certain Records Approved Motion: Reso. 2017-65 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain records by the City Clerk's Office. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 11. Communitv Development Housing Related Parks Program Grant Application for Arrowhead Grove Approved Motion: Reso. 2017-66 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of the Housing Related Parks Program application to the California Department of Housing and Community Development for the Notice of Funding availability dated November 16, 2016. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 6 Printed 312112017 Regular Meeting Minutes April 17, 2017 12. City Manager Ordinance Repealing and Replacing Charter 2.58 Regarding Meetings Approved Motion: Adopt the Ordinance repealing and replacing Chapter 2.58 of the San Bernardino Municipal Code regarding meetings. MCC. 1438 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing and replacing Chapter 2.58 of the San Bernardino Municipal Code regarding meetings. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 13. City Manager Beverage Container Recycling Grant Application Approved Motion: Adopt the resolution. Reso. 2017-67 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 7 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 14. City Manager Amendment Number One to Vendor Services Agreement with Urban Futures, Inc Approved Motion: Adopt the resolution. Reso.2017-68: Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving Amendment Number One to the Vendor Services Agreement with Urban Futures, Inc., 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, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 15. City Manager Professional Services Agreement with Cota Cole, LLP Council Member Valdivia abstained from voting on this item Approved Motion: Reso. 2017-69: Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Cota Cole LLP, for outside counsel services for litigation related to Measure 0. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Mulvihill ABSENT: Richard ABSTAIN: Valdivia 16. City Manager Subordination of a Deed of Trust in Connection 5080 Sundance Drive, San Bernardino, California Mayor and City Council of the City of San Bernardino Page 8 Printed 3/21/2097 Regular Meeting Minutes April 17, 2017 Approved Motion: Adopt the resolution. Reso. 2017-70: Resolution of the Mayor and City Council of the City of San Bernardino, California, 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 5080 Sundance Drive, San Bernardino, California. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard PUBLIC HEARING 17. Community Development General Plan Amendment 16-08, Development Code Amendment (Zoning Map Amendment) 16-10 and Categorical Exemption Approved Motion: Introduce for first reading, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving General Plan Amendment 16-08 and Development Code Amendment (Zoning Map Amendment) 16-10, and Categorical Exemption. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 9 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 18. Community Development Development Code Amendment 17-02 and Conditional Use Permit 17-16 Approved Motion: 1. Introduce for first reading, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 17-02; and, 2. Adopt the resolution. Reso. 2017-71: Resolution the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption and approving Conditional Use Permit 17-06 to allow the relocation, establishment and operation of an existing pawn shop currently located within the Carousel Mall to an existing commercial building located at 415 W. 5th Street, Suite E (APN: 0134-141-165) within the Commercial Regional (CR - 3) Zone. RESULT: ADOPTED [6-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Staff Reports 19. City Clerk Southern California Association of Governments General Assembly Delegate and Alternate Approved Motion: Approve Jim Mulvihill as the delegate and Henry Nickel as the alternate to the 2017 Southern California Association of Governments (SCAG) Regional Conference General Assembly (GA) May 4-5 2017 in Palm Desert, California. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 10 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 20. Human Resources Amendment to CalPERS Contract to Establish a New Retirement Benefit Formula for Police Safety Approved Motion: Adopt a Resolution of Intention of the Mayor and City Council of the City of San Bernardino, California, to approve an amendment to the contract between the Mayor and City Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System (CalPERS); and 2. Introduce for first reading an Ordinance of the Mayor and City Council of the City of San Bernardino, California, authorizing an amendment to the contract between the Mayor and City Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. Reso. 2017-72: Resolution of Intention of the Mayor and City Council of the City of San Bernardino, California, to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the Mayor and City Council of the City of San Bernardino, California RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 21. Civil Services Wastewater Collection System Transfer Approved Motion: Adopt the resolution. Reso. 2017-73 Joint resolution of the Mayor and City Council of the City of San Bernardino, California, and the Water Board of the City of San Bernardino, California, authorizing the transfer of the wastewater collection system and services from the Public Works Department to the Water Department. Mayor and City Council of the City of San Bernardino Page 11 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 22. City Manager Final Relocation Plan for the Carousel Mall Closure Project Sneakers Wayne Skiles Tim Prince Mark Westwood Danny Morales Approved Motion: Adopt the resolution. Reso. 2017-74 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the final Relocation Plan for the Carousel Mall Closure Project, 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, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 23. Community Development Ratification of the San Bernardino County Fire Protection District Board's Adoption of 2016 California Fire Code with Local Amendments Approved Motion: Adopt the resolution. Reso. 2017-75 Resolution of the Mayor and City Council of the City of San Bernardino, California, ratifying the San Bernardino County Fire Protection District Board's Adoption of the 2016 California Fire Code with Local Amendments for Enforcement within the City of San Bernardino. Mayor and City Council of the City of San Bernardino Page 12 Printed 3/29/2097 Regular Meeting Minutes April 17, 2017 RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 24. Community Development Ordinance regarding Abatement of Fire Hazards and Hazardous Trees Approved Motion: Introduce for First Reading an Ordinance adopting Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code related to the abatement of fire hazards and hazardous trees with local amendments, and set a Public hearing date for adoption of the Ordinance for May 15, 2017. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 25. City Attorney Creation of a Citizens Advisory Committee Regarding Marijuana Policy Approved Motion: Continue item to a workshop to be determined after polling City Council members and additional information, to include the configuration of the committee and the scope of its charge. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard Mayor and City Council of the City of San Bernardino Page 13 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 26. City Attorne 2017/18 San Manuel Credit Funds Approved Motion: Review and discuss the San Manuel Band of Mission Indians' Proposal to Allocate 2017/18 San Manuel Credit Funds, and direct the City Manager, or his designee, to transmit a letter of support for the Tribe's Proposal to the Governor's Office. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSENT: Richard 27. Public Comments for Items Not on the Agenda Margaret Hill, San Bernardino, thanked everyone for being at the vigil and for supporting the staff and students at North Park Elementary School. She said that only 44 students didn't show up for school on Monday, the first day the campus was open after the shooting. Deanna Adams, San Bernardino, spoke about an information request she made to the city and characterized the city's URM policy as a land grab. She said she had compiled a list of the URM buildings in San Bernardino and said the City needs to do a full survey of the buildings. Robert Porter, San Bernardino, said it was good that the city is discussing things that people care about, such as marijuana. He also asked that people do whatever they can to make the situation better for the students at North Park Elementary School, and suggested volunteering for career day or other school events. Jay Lindberg, San Bernardino, spoke about climate change and urged people to limit their carbon footprint. William Cioci, San Bernardino, said he would like to be part of the city's potential cannabis commission. James Albert, San Bernardino, thanked the mayor and city manager for meeting with him and provided numbers about jobs and Amazon and its business model. 28. Items to be referred to Council Committees No items were referred to Council Committees. 29. Announcements by Mayor, City Council and Executive Staff The Mayor and City Council provided brief comments about their activities. Mayor and City Council of the City of San Bernardino Page 14 Printed 3/21/2017 Regular Meeting Minutes April 17, 2017 30. Adjournment The meeting adjourned at 7:03 p.m. in memory of Karen Elaine Smith and Jonathan Martinez, victims of the shooting at North Park Elementary School. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, May 1, 2017, in the Council Chamber at City Hall. A joint special meeting of the meeting of the Mayor and City Council is scheduled for 5:00 p.m., Monday, April 24, 2017, in the EDA Board Room at 201 N. E Street. Byr:- Georgean "Gigi" Ha , CMC City Clerk Mayor and City Council of the City of San Bernardino Page 15 Printed 3/21/2017