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HomeMy WebLinkAbout01-10-2019 SM Agenda BackupCITY OF SAN BERNARDINO AGENDA FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THURSDAY, JANUARY 10, 2019 OPEN SESSION 7:30 AM COUNCIL CHAMBER 201 NORTH “E” STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia James Mulvihill COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Andrea M. Miller COUNCIL MEMBER, W ARD 2 CITY MANAGER VACANT Gary D. Saenz COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 4 CITY CLERK Henry Nickel David Kennedy COUNCIL MEMBER, W ARD 5 CITY TREASURER Bessine L. Richard COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 7:30 a.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3-minute-per-person time limit for all comments, excluding quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Special Meeting Agenda January 10, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/8/2019 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Council Member, Ward 3 VACANT    -------- Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Henry Nickel    Council Member, Ward 6 Bessine L. Richard    Council Member, Ward 7 James Mulvihill    Mayor John Valdivia    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Andrea M. Miller    PLEDGE OF ALLEGIANCE & INVOCATION PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item listed on the agenda. There is no limit to the number of items that may be discussed within the three-minute time limit. If you wish, you may email your speaking request to publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. STAFF REPORTS 1. Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Wholly by Mail Ballot Recommendation: Adopt Urgency Ordinance No. MC-1512 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.03 of Title 2 of the San Bernardino Municipal Code, permitting the filling of City Council and Mayor vacancies wholly by all mail ballot special election. 2. Special Municipal Election 2019 - Vacant Seat in Third Ward Recommendation: Adopt Resolution No. 2019-6-A of the Mayor and City Council of the City of San Bernardino, California, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. Special Meeting Agenda January 10, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/8/2019 ADJOURNMENT 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 will be held on Wednesday, January 16, 2019 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. CERTIFICATION OF POSTING AGENDA I, Georgeann “Gigi” Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the January 10, 2019 special meeting of the Mayor and City Council was posted on the City’s bulletin board located at 201 N. “E” Street, San Bernardino, California, at the San Bernardino Public Library, and on the City’s website www.ci.san-bernardino.ca.us on Tuesday, January 8, 2019. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, MMC, City Clerk NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: January 8, 2019 SUBJECT: Special Meeting on January 10, 2019 NOTICE IS HEREBY GIVEN that the Mayor of the City of San Bernardino has called a Special Meeting to be held at 7:30 a.m., Thursday, January 10, 2019 in the Council Chamber at 201 N. “E” Street, San Bernardino, California 92401 . Said meeting shall be for the purpose of considering the following: STAFF REPORTS 1. Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Wholly by Mail Ballot Recommendation: Adopt Urgency Ordinance No. MC-1512 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.03 of Title 2 of the San Bernardino Municipal Code, permitting the filling of City Council and Mayor vacancies wholly by mail ballot. 2. Special Municipal Election 2019 - Vacant Seat in Third Ward Recommendation: Adopt Resolution No. 2019-6-A of the Mayor and City Council of the City of San Bernardino, California, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. ADJOURNMENT 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 will be held on Wednesday, January 16, 2019 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. 1/8/2019 5:04 PM Staff Report City of San Bernardino Request for Council Action Date: January 10, 2019 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Georgeann Hanna, MMC, City Clerk Subject: Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Wholly by Mail Ballot Recommendation Adopt Urgency Ordinance No. MC-1512 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.03 of Title 2 of the San Bernardino Municipal Code, permitting the filling of City Council and Mayoral vacancies wholly by all mail ballot special election. Background Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for City Council seats or the seat of the Mayor shall be as prescribed by Ordinance. On November 21, 2018, the Mayor and City Council adopted Ordinance No. MC-1509 adding Chapter 2.03 to Title 2 of the City’s Municipal Code to establish the process by which City Council vacancies shall be filled. On January 2, 2019, the Mayor and City Council adopted Resolution No. 2019 -6 calling a special election for May 7, 2019 to fill the vacant City Council seat for Ward 3 and requesting the County consolidate the election and hold the election as an all -mail ballot election. The requisite authority to hold an all-mail ballot election to fill a vacancy had previously been repealed by the Mayor and City Council and, in order to hold an election on May 7, 2019, such authority is required. Adoption of this Ordinance will ensure the election may be held such that Ward 3 residents receive proper effective representation as expeditiously as possible, which is not only desirable, but is also necessary, for the immediate preservation of public peace, health, and safety. Discussion This Urgency Ordinance regarding filling vacancies is necessary to ensure the proper functioning of the government of the City. Having every seat on the City Council and the seat of the Mayor is important to having quorum for meetings and making decisions about all types of governmental matters that affect the City on a daily basis. Having every seat on the City Council and the seat of the Mayor filled is necessary for the 1.a Packet Pg. 5 Attachment: Urgency Ordinance - All Mail Ballot. REPORT (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor 1/8/2019 5:04 PM immediate preservation of public peace, health, and safety as important governmental decisions sometimes cannot be made or adjudicated when there are vacant seats. In addition, the ward system of the City Council is designed to provide each area of the City with appropriate representation on the City Council. If one Ward’s seat remains unfilled for an extended period of time, it would be disadvantageous to that ar ea of the City. More specifically, this Urgency Ordinance will permit the City to hold the all-mail ballot election to fill the City Council seat for Ward 3 on May 7, 2019. Adoption of this Urgency Ordinance will add a third paragraph to Section 2.03.010 of Chapter 2.03 of Title 2 of the City of San Bernardino Municipal Code to read, in its entirety, as follows: “Notwithstanding Elections Code sections 4000 and 4004, the City may, by resolution, order that any election to fill such vacancy be conducted by all-mail ballot on any established mailed ballot election date provided under the Elections Code.” The California Election Code allows mail-ballot-only elections for agencies with 100,000 or fewer residents. However, as a Charter City, San Bernardino has the authority to conduct a mail-ballot-only election to fill a vacancy, but that action needs to be authorized. The San Bernardino County Registrar of Voters asked for clarification that the Mayor and City Council had approved conducting a mail-ballot election. 2018-19 Goals and Objectives Holding an all-mail ballot election to fill the City Council seat for Ward 3 aligns with Goal No. 1: Implement the City Vision. Fiscal Impact None. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino , California, adopt Urgency Ordinance No. MC-1512 amending Chapter 2.03 of Title 2 of the San Bernardino Municipal Code, permitting the filling of City Council and Mayor vacancies wholly by mail ballot. Attachments Attachment 1 Ordinance Ward: ALL WARDS Synopsis of Previous Council Actions: On November 21, 2018, the Mayor and City Council adopted Ordinance No. MC-1509 adding Chapter 2.03 to Title 2 of the City’s Municipal Code to establish the process by which City Council vacancies shall be filled. On January 2, 2019, the Mayor and City Council adopted Resolution No. 2019-6 calling a special election for May 7, 2019 to fill the vacant City Council seat for Ward 3 and requesting the County consolidate the election and hold the election as an all-mail ballot election. 1.a Packet Pg. 6 Attachment: Urgency Ordinance - All Mail Ballot. REPORT (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor URGENCY ORDINANCE NO. MC-1512 URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 2.03 OF TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE, PERMITTING THE FILLING OF CITY COUNCIL AND MAYORAL VACANCIES WHOLLY BY ALL MAIL BALLOT SPECIAL ELECTION WHEREAS, from time to time, it is possible that vacancies will be created in the offices of Mayor and City Council; and WHEREAS, it is not in the best interests of the City and the residents of the City to leave such offices vacant for an extended period of time; and WHEREAS, Section 307 of the new City Charter adopted by voters on November 8, 2016 states that the method of filling vacancies for City Council seats or the seat of the Mayor shall be as prescribed by ordinance; and WHEREAS, on November 21, 2018, the Mayor and City Council adopted Ordinance No. MC-1509 adding Chapter 2.03 to Title 2 of the City’s Municipal Code to establish the process by which City Council vacancies shall be filled; and WHEREAS, on December 19, 2018, the Mayor and City Council adopted Ordinance No. MC-1510 amending Chapter 2.03 of Title 2 of City’s Municipal Code to amend the process by which Mayoral vacancies shall be filled; and WHEREAS, Chapter 2.03 of Title 2 of City’s Municipal Code provides that the Mayor and City Council shall have the power by ordinance to provide for the manner of holding elections to fill vacancies and such ordinance shall prevail over general law; and WHEREAS, on January 2, 2019, the Mayor and City Council adopted Resolution No. 2019-6 calling a special election for May 7, 2019 to fill the vacant City Council seat for Ward 3 and requesting the County consolidate the election and hold the election as an all-mail ballot special election; and WHEREAS, the requisite authority to hold an all-mail ballot election to fill a vacancy had previously been repealed by the Mayor and City Council and, in order to hold an election on May 7, 2019, such authority is required; and WHEREAS, the adoption of this Ordinance will ensure the election may be held such that Ward 3 residents receive proper effective representation as expeditiously as possible, which is not only desirable, but is also necessary for the immediate preservation of public peace, health, and safety; and 1.b Packet Pg. 7 Attachment: Urgency Ordinance - All Mail Ballot.ATT1 (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Urgency Ordinance No. MC-1512 2 WHEREAS, Government Code Section 36937(a) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, related to elections; and WHEREAS, Government Code Section 36937(b) authorizes the City Council to adopt urgency ordinances that are effective immediately, when necessary, for the immediate preservation of public peace, health, and safety; and WHEREAS, Government Code Section 36937(b) requires that urgency ordinances be passed by four-fifths of the City Council; and WHEREAS, the City Council desires to adopt the procedures set out in the Government Code for the purposes of filling Mayoral and City Council vacancies. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds that this Urgency Ordinance regarding filling vacancies is necessary to ensure the proper functionin g of the government of the City. Having every seat on the City Council and the seat of the Mayor filled is important to having quorum for meetings and making decisions about all types of governmental matters that affect the City on a daily basis. Having every seat on the City Council and the seat of the Mayor filled is necessary for the immediate preservation of public peace, health, and safety as important governmental decisions sometimes cannot be made or adjudicated when there are vacant seats. In addition, the ward system of the City Council is designed to provide each area of the City with appropriate representation on the City Council. If one ward’s seat remains unfilled for an extended period of time, it would be disadvantageous to that area of the City. More specifically, this Urgency Ordinance will permit the City to hold the all-mail ballot election to fill the City Council seat for Ward 3 on May 7, 2019. SECTION 3. A third paragraph is hereby added to Section 2.03.010 of Chapter 2.03 of Title 2 of the City of San Bernardino Municipal Code to read, in its entirety, as follows: “ Notwithstanding Elections Code sections 4000 and 4004 or any similar law, the City Council may, by resolution, order that any election to fill such vacancy be conducted wholly by all-mail ballot on any established mailed ballot election date provided under the Elections Code.” SECTION 4. The City Council finds this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 1.b Packet Pg. 8 Attachment: Urgency Ordinance - All Mail Ballot.ATT1 (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Urgency Ordinance No. MC-1512 3 SECTION 5. Severability. If any provision of this Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. Effective Date. This Urgency Ordinance, as adopted by the necessary four-fifths (4/5) vote of the members of this City Council and in accordance with Government Code Sections 36934 and 36937, shall become effective immediately upon adoption. SECTION 7. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Urgency Ordinance. No later than fifteen (15) days following the passage of this Urgency Ordinance, the Urgency Ordinance, along with the names of the City Council members voting for and against it, shall be published in a newspaper of general circulation published in the City in accordance with Government Code section 36933. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 10th day of January 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 1.b Packet Pg. 9 Attachment: Urgency Ordinance - All Mail Ballot.ATT1 (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies Urgency Ordinance No. MC-1512 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC-1512, adopted by the City Council of the City of San Bernardino, California, at a special meeting held the 10th day of January 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 10th day of January 2019. Georgeann Hanna, MMC, City Clerk 1.b Packet Pg. 10 Attachment: Urgency Ordinance - All Mail Ballot.ATT1 (5907 : Urgency Ordinance Permitting the Filling of City Council and Mayor Vacancies 1/8/2019 4:58 PM Staff Report City of San Bernardino Request for Council Action Date: January 10, 2019 To: Honorable Mayor and City Council Members From: Andrea Miller, City Manager By: Georgeann Hanna, MMC, City Clerk Subject: Special Municipal Election 2019 - Vacant Seat in Third Ward Recommendation Adopt Resolution No. 2019-6-A of the Mayor and City Council of the City of San Bernardino, California, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. Background The recent election of the Third Ward Councilmember to the Mayor’s seat before the end of the term in November 2020, leaves the third ward unrepresented until the seat is filled. State law allows a governing board to either appoint a councilmember to complete the unfinished term or to call for a special election to fill the vacancy. The Mayor and City council recently indicated a preference to fill council and mayoral vacancies via special election. Discussion The City of San Bernardino contracts with the County of San Bernardino Registrar of Voters to conduct its elections. In order for the Registrar to conduct an election, the Mayor and City Council must pass a resolution requesting that the Board of Supervisors permit the County Registrar of Voters to render thes e services, and approval is made at a regular Board of Supervisors meeting. Once the County accepts the request, state law requires a minimum of a 113-day election period, including a two-week candidate filing period. The first Tuesday following the first Monday of May is May 7, 2019, and the attached Resolution sets the election for that day. It also calls for a mail-ballot-only election, with ballot drop-off boxes at the City Clerk’s Office and the Registrar of Voters office. 2.a Packet Pg. 11 Attachment: Special Election. REPORT (5908 : Special Municipal Election 2019 - Vacant Seat in Third Ward) 1/8/2019 4:58 PM An estimate of the cost of the election will be provided to the City after the Registrar receives the executed resolution calling the election and requesting County election services. 2018-19 Goals and Objectives The Special Election aligns with Goal No. 1: Implement the City Vision. Fiscal Impact The cost of the election, which is unknown at this point. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 201 9-6-A, requesting that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to render services to the City of San Bernardino relating to the Special Municipal election to be held on May 7, 2019. Attachments Attachment 1 Resolution 2.a Packet Pg. 12 Attachment: Special Election. REPORT (5908 : Special Municipal Election 2019 - Vacant Seat in Third Ward) Resolution No. 2019-6-A RESOLUTION NO. 2019-6-A RESOLUTION OF THE MAYOR AND CITY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO PERMIT THE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY OF SAN BERNARDINO RELATING TO THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 7, 2019 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Request for County Services. As authorized by Section 10002 of the Elections Code of the State of California, the Mayor and City Council request that the Board of Supervisors of the County of San Bernardino permit the County Registrar of Voters to furnish services and supplies to this City for the Special Municipal Election to be held on May 7, 2019 to fill a vacancy for council member Ward Three. SECTION 2, Conduct of Election. Pursuant to Section 307 of the City Charter, state elections law, and Section 2.03.010 of the San Bernardino Municipal Code, the Special Municipal Election so called shall be conducted by all -mail ballot with two drop off polling places located at the San Bernardino City Clerk’s Office, 201-A N. E Street, and at the San Bernardino County Registrar’s Office at 777 N. Rialto Avenue. The Board of Supervisors of the County of San Bernardino is hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the holding of the Special Municipal Election, including the canvassing of the vote. SECTION 3. The City Clerk is hereby directed to publish a notice of the Special Municipal Election, which shall contain all information requ ired by applicable law including, without limitation, the following: A. The time of the election. B. The offices to be filled, specifying full or short term. C. The hours the drop-off polls will be open. SECTION 4. Cost of Election. The City of San Bernardino recognizes the additional costs will be incurred by the County by reasons of this election and agrees to reimburse the County for such costs. SECTION 5. Filing of Resolution. The City Clerk of the City of San Bernardino is directed to file a certified copy of this resolution with the Board of Supervisors of the County of San Bernardino and to file a copy of this resolution with the Registrar of Voters. SECTION 6. This Resolution No. 2019-6-A shall rescind and replace Resolution No. 2019-6, adopted on January 2, 2019, in its entirety. 2.b Packet Pg. 13 Attachment: Special Election.ATT1 (5908 : Special Municipal Election 2019 - Vacant Seat in Third Ward) Resolution No. 2019-6-A APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 10th day of January 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 2.b Packet Pg. 14 Attachment: Special Election.ATT1 (5908 : Special Municipal Election 2019 - Vacant Seat in Third Ward) Resolution No. 2019-6-A CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-6-A adopted at a special meeting held at the 10th day of January 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL WITNESS my hand and official seal of the City of San Bernardino this 10th day of January 2019. Georgeann Hanna, MMC, City Clerk 2.b Packet Pg. 15 Attachment: Special Election.ATT1 (5908 : Special Municipal Election 2019 - Vacant Seat in Third Ward)