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Home My WebLink Aboutagenda updates4ANARb& City Council Memorandum � v w r, 1 '�bL'D iTa Date: May 2, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Item 18: Police Department Crime Analysis Response Times and Department Calls for Service Staff has provided the City Council and Public with a staff report regarding Crime Analysis, Calls for Service, and Response Times in the City of San Bernardino. The staff report is included as an attachment to this memorandum and hard copies will be provided at the dais. Please feel free to contact City Clerk Gigi Hanna (hanna gia-sbcity.org) or Chief Deputy City Clerk John Maier (maier io(a)sbcity.org) should you have any questions. This Page Is left Intentionally Blank City of San Bernardino Request for Council Action Staff Report Date: May 2, 2018 To: Honorable Mayor and City Council Members From: Andrea M. Miller, City Manager By: Jarrod Burguan, Chief of Police Subject: Crime Analysis, Calls for Service and Response Times Recommendation Receive an oral presentation on crime analysis, response times and calls for service; review and discuss. Background This Report provides an update on crime trends in the City of San Bernardino as well as statistical information on calls for service, staffing, arrests, and citations. Crime and the impact of crime on the quality of life for the residents of our City continue to be a topic of discussion and a top priority for City leadership. Crime Analysis Over the last 20 years, overall crime in the City of San Bernardino has decreased. The crime trends in the City, like other communities, have ebbed and flowed with national trends and patterns including the economy. Further, the Police Department's ability to respond to calls for service in a timely manner and proactive enforcement efforts have been impacted by staffing levels, which also affects overall crime rates. The following graph shows 23 years of data and the relationship of Part 1 crimes, which include the major crimes of murder, rape, robbery, assault, burglary, theft, and grand theft auto (GTA), per 10,000 people to the population of San Bernardino. For comparison purposes, 23 years of crime data has been used because this is the earliest date in which Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) digital records were available online. The UCR Program is a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention. The Police Department does not maintain digital records for periods earlier than 1995. Part 1 Crimes per Capita and Population 1200.00 C i r i 1000.00 M e s 800.00 P e r 600.00 C 400.00 a P i 200.00 t a 0.00 41 0 ■ ■.1 ■ IE -i ■ ■--- ■.lR._■-1 ■..1.■ ■ ■_■,■_■ rn rn rn rn M o 0 0 0 0 0 0 0 0 0 r .�-i n' -i -I� �� 0�1 M N O O O O O O N O 0 0 0 0 0 0 0 0 0 � Population Crimes per 10,000 Residents 220,000 210,000 P 200,000 0 P U 190,000 i a .6 t 180,000 i 0 n 170,000 160,000 The graph above reflects that Part 1 crime has decreased from 1,057.81 crimes per 10,000 people in 1995 to 520.16 crimes per 10,000 in 2017. The lowest number of crimes per 10,000 people was recorded in 2011 at 485.99. Overall, the number of crimes per 10,000 people is significantly lower than it was in the late 1990s. The following graph breaks down that same period and separates violent crime from property crime: 900.00 C r 800.00 M 700.00 e s 600.00 P 500.00 e r 400.00 C 300.00 a P 200.00 i t 100.00 a 0.00 Violent and Property Crimes per Capita and Population Ln Lo r` w m O r-1 N m -qt o w r` w m O aj N m ct Ln w r\ 01 O1 01 Q1 Q1 O O O O O O O O O O ri ei ei e-1 r-1 r -I e -I ei M M 01 01 O O O O O O O O O O O O O O O O O O ,-1 r-1 �-I r1 r 4 N N N N N N N N N N N N N N N N N N 220,000 210,000 P 200,000 0 P u 190,000 i a t i 180,000 0 n 170,000 160,000 Population Violent Crimes per 10,000 Residents Property Crimes per 10,000 Residents Violent crimes have decreased from 1995 at 215.08 crimes per 10,000 to 130.21 crimes per 10,000 in 2017. This number has increased over the last few years from 81.52 in 2010, which was the lowest recorded in the City. The lowest number of property crimes per 10,000 people was recorded in 2017 at 389.95. The following table shows the UCR numbers for the most serious crimes over the past 10 years: Murder 32 32 31 30 47 45 43 44 62 35 Rape 65 61 66 77 56 74 104 98 123 158 Robbery 779 677 632 720 803 794 811 968 903 877 Assault 1,198 1,138 895 1,034 1,116 1,036 1,170 1,587 1,790 1,736 Burglary 2,215 2,349 2,318 2,359 2,809 2,673 2,370 3,164 2,353 2,136 Theft 5,073 4,775 4,928 4,446 4,991 4,025 4,405 4,210 4,228 3,990 GTA 2,150 2,121 1,721 1,656 2,710 2,691 2,464 3,016 2,597 2,277. Murder. In the early to mid -1990's, the City's homicide which was in 1992 at 82 murders. The average numl average of 30 per year from about 2008 through 20' beginning in 2012. In the above table, the outlier v significant increase in homicides to 62 recorded cases which reflects the 14 people who were murdered in the case at the Inland Regional Center (IRC). rate exceeded 80 at one point, )er of murders declined to an 11 and increased to 44 to 47 (as 2016, where there was a Of note is the 2015 number single mass shooting/terrorism Notwithstanding the IRC incident and a small number of domestic cases, a vast majority of the City's homicides are connected to drug, gang, and prostitution activity. Investigators note that a very high number of known offenders have extensive criminal histories, are often on parole, probation, or out of jail as a result of AB109, Prop 47, and other state policies. This raises the point that a more effective criminal justice system and policies that effectively manager offenders would significantly impact violent crime activity in the City of San Bernardino. Rape: This category of UCR reporting has increased significantly in recent years. When analyzing the data, there are two primary factors that we believe have led to the increase. The first was a change in the definition of this category that includes crimes that had not previously been reported. The second is the increase in sexual assault discussions that have been at the forefront of public dialog in recent years. Increased awareness has led to an increase in sexual assault encounters that previously may have gone unreported. Investigators report that a vast majority of sexual assaults fall into three categories: some are determined to be related to prostitution activity after extensive investigation, some are assaults where the victim knows the offender (i.e., `Date Rape'), and many are cases involve family members (i.e., child abuse). Cases involving a report of a person being sexually assaulted by a stranger are rare. Arrest Data The following graph shows the number of arrests separated by felonies and misdemeanors over the last ten years, from 2008 to 2017. The graph also depicts the number of felony and misdemeanor arrests separated by adults and juveniles. More than 7,000 adults were arrested in 2017, which reflects an increase over prior arrests. 6000 5000 4000 3000 2000 1000 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 a. Adult Fel Juv Fel ■ Adult Misd r Juv Misd Traffic Citation Data The San Bernardino Police Department continues to proactively enforce various state traffic laws. The following chart reflects citation activity from 2008 through 2017: 2008 30452 2009 26297 2010 19429 2011 13969 2012 12723 2013 10222 2014 9107 2015 14784 2016 7826 2017 8969 Calls for Service and Response Times The following table provides the average response times for calls for service separated by the priority from 2008 through 2017. Priority E calls are 'immediate' life safety calls, P1 involve serious threats and felony crimes in progress, P2 are potentially serious and, misdemeanor crimes in progress, P3 are hazardous conditions but not an immediate safety concern, P4 are property crimes not in progress (general guidelines). 2008 2009 4.19 4.33 4.85 10.69 11.31 13.25 29.39 24.81 29.48 50.06 45.14 54.74 57.54 41.47 58.7 324 316 321 2010 2011 4.93 13.05 26.82 45.37 45.69 302 2012 6.65 20.93 50.23 85.34 101.69 286 2013 7.18 23.8 70.19 122.45 158.08 251 2014 6.71 20.52 60.23 60.23 129.81 234 2015 8.44 36.13 113.55 159.02 208.06 229 2016 8.74 37.32 112.85 155.42 184.47 229 2017 8.56 40.15 114.24 150.97 169.64 228 The table below shows the total number of calls in each priority category. The number of officers noted each year on the chart above and the chart below reflect the actual staffing as of July 1 of each year. The highest sworn staffing level authorized for the Police Department occurred in FY 2008/09 where authorized staffing reached 356 officers. Response times during that period were at their lowest and the reduction in staff contributed to the increase in response times. The year the Department dropped below 300 officers (2011 to 2012) resulted in the steepest rise in response times. Total calls for service fell during the period represented on the tables above. The drop in overall CFS's is not believed to be indicative of fewer calls; rather it may be indicative of the Department not responding to certain lower level calls as a result of the staffing limitations and the need to prioritize responses. The number of higher priority calls rose significantly during this period. Over the past year, the City and Police Department have made significant progress in increasing the sworn staffing. Excluding officers in training and at the academy, there are approximately 235 sworn officers working plus an additional 15 officers in various phases of training for a total sworn staffing of 250. Response times from January 1, 2018 through April 23, 2018, are generally decreasing as reflected below: ,17168 2008 2234 42126 27193 5554 94275 324 2009 1937 16449 40217 25891 6165 90659 316 2010 1782 16899 45542 25716 4987 94926 321 2011 1643 16552 43920 25895 4694 92704 302 2012 2447 20192 41935 24952 4296 93822 286 2013 2516 21988 39338 19915 3631 87388 251 2014 2265 21135 39042 20028 4033 86503 234 2015 2532 22732 36852 17101 3925 83142 229 2016 2548 24084 36741 15003 3858 82234 229 2017 2809 26175 37693 13300 4082 84059 228 The highest sworn staffing level authorized for the Police Department occurred in FY 2008/09 where authorized staffing reached 356 officers. Response times during that period were at their lowest and the reduction in staff contributed to the increase in response times. The year the Department dropped below 300 officers (2011 to 2012) resulted in the steepest rise in response times. Total calls for service fell during the period represented on the tables above. The drop in overall CFS's is not believed to be indicative of fewer calls; rather it may be indicative of the Department not responding to certain lower level calls as a result of the staffing limitations and the need to prioritize responses. The number of higher priority calls rose significantly during this period. Over the past year, the City and Police Department have made significant progress in increasing the sworn staffing. Excluding officers in training and at the academy, there are approximately 235 sworn officers working plus an additional 15 officers in various phases of training for a total sworn staffing of 250. Response times from January 1, 2018 through April 23, 2018, are generally decreasing as reflected below: PE P1 P2 P3 P4 7.76 38 106 151 183 As we continue to add sworn police officers in accordance with the Policing Plan created for the Bankruptcy Court and adopted by the City, we anticipate the City will continue to see response times reduced. Staffing Levels +'April 2018 Current Sworn Staffing: Authorized 261 — Actual 250 (includes officers at the academy and in training). Current Civilian Staffing: Authorized 177 — Actual 145 Part -Time Staffing: Authorized 55 — Actual 28 Historical Authorized Sworn Staffing — Hitjhliights. 2008 356 Officers (highest number) 2015 248 Officers (Lowest number in 20 years) 2017 261 Officers (Includes the positions added to the Department under a DOJ COPS Hiring Grant) In late 2015, actual staffing levels for sworn officers fell to a low of about 210 officers (closer to 200 when accounting for injuries). The priority has been to rebuild the sworn ranks. Significant progress has been made in recent years in bringing that number to near full authorized strength; this also accounts for natural attrition that occurs (retirements, etc.). As we approach full authorized staffing at the sworn ranks, we will shift hiring priorities to the civilian vacancies within the Police Department. Summary This is a snapshot of various metrics tracked within the Police Department. Behind all of these metrics are discussions that could go into much greater detail as to the nuisances and causes of crime. Improvements within a community are not just crime related as economic development, education, housing, and many other factors contribute to that discussion. Additionally, a stronger and more effective criminal justice system after police contact can be incredibly important in reducing and preventing crime. 2018-2019 Goals and Objectives The Crime Analysis staff report aligns with Goal No. 2: Provide for the Safety of Cit Residents and Businesses, as this goal directly correlates with the Department's goal of providing for the safety of our citizens and businesses; Goal No. 3: Create. Maintain and Grow Jobs and Economic Value in the City, as crime and public safety is directly related to our ability to attract economic development to the City; and, Goal No. 5: Improve City Government Operations, as our ability and capacity to respond to calls for service and manage workloads is directly related to providing service in the most efficient manner. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino discuss, review, and file the Crime Analysis report. ward: All Synopsis of Previous Council Actions: N/A City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 DRAFT MINUTES FOR THE JOINT SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 5, 2018 8:30 AM Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard James Mulvihill The Joint Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 8:32 AM, Monday, March 5, 2018, in the Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title _ R _Status ~j_Present Arrived Virginia Marquez ~Council Member, Ward 1 8_:30 AM Benito J. Barrios Council Member, Ward 2 Late AM John Valdivia Council Member, Ward 3 _ _ Absent------ _8:57 --- Fred Shorett Council Member, Ward 4 Present A 8:30 M Henry Nickel Council Member, Ward 5 _ Present 8:30 AM Bessine L. Richard Council Member, Ward 6 - Absent - ---------- James Mulvihill Council Member, Ward_ 7 Present 8:30 AM R. Carey Davis Mayor -� - ; Present 8:30 AM Georgeann "Gigi" Hanna Cty Clerk i_ Present 8:30 AM D. Saenz : City Attorney. _ _ 8:30 AM _Gary Andrea Miller ' City Manager _Present _Present 8:30 AM PLEDGE OF ALLEGIANCE City Attorney Gary Saenz led the Pledge of Allegiance. 1. Strategic Planning — Vision, Job Statement, Operating Paradigm, and 2018- 2019 Goals and Objectives Mayor and City Council of the City of San Bernardino Page 1 Printed 3/05/2018 Joint Special Meeting Minutes March 5, 2018 Approved Motion: Adopt the Resolution, with changes to item 5e and 6b in the 2018-19 Goals and Objectives document, Attachment D to the resolution. Reso. 2018-39A* Resolution of the Mayor and City Council of the City of San Bernardino establishing the City's Vision, Job Statement, Operating Paradigm and 2018-2019 Goals and Objectives *This Resolution will be numbered with the next available number, 2018-130. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Mulvihill ABSENT: Valdivia, Richard 2. Public Participation, Meeting Procedures and Rules of Conduct The council gave recommendations about how about how they would like the matters of public comment, public hearings and other meeting related matter handled in the future. No vote was taken on this item. 3. Public Comments for Items Listed on the Agenda Karmel Roe, San Bernardino, spoke about an interaction she witnessed at the Community Development desk between a client and a planner that she said was unacceptable. She suggested a means for people to rate whether they were happy with the service they received. 4. Adjournment The meeting adjourned at 11:02 a.m. 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 4:00 p.m., Wednesday, March 7, 2018, in the Council Chamber 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. By: Georgeann "Gigi" Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 2 Printed 3/05/2018 City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 http://www.sbcity.org REVISED DRAFT MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill FOR THE 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor Carey Davis at 4:00 PM, Wednesday, March 7, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name i Title Status Arrived Virginia MarquezCouncil Member, Ward 1 Present 4:00 PM _ Benito J. Barrios _ Council Member, Ward 2 Late 5:15 PM John Valdivia Council Member, Ward 3 Late 5:38 PM Fred Shorett Council Member, Ward 4 resent j 4 M 00 P Henry Nickel Council Member, Ward 5 Rresent14:00 Bessine L. Richard Co uncil Member, Ward 6 ; Pre- s_ent _PM 4:00 PM Jmes Mulvihill a Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM _ Georgeann "Gigi" Hanna _ City Clerk _ _ Present 4:00 PM GaryD. Saenz n City Attorney Present 4:00 PM Andrea Miller City Manager Present 400 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 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 C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. JP Morgan Chase INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Dr. Fred Adams from The Rock Church in San Bernardino. The Pledge of Allegiance was led by Tulsi Patel, a 5t" grade student at Muscoy Elementary School CLOSED SESSION REPORT City Attorney Gary Saenz announced that in the matter of City v JP Morgan Chase, the council gave settlement directive by a vote of 5-0, with Council Members Barrios and Valdivia absent. PRESENTATIONS Mayor Davis announced the new rules of conduct for meetings posted around the Council Chamber. 1. Proclamation Designating March as Women's History Month — Mayor R. Carey Davis, Council Member Virginia Marquez, and Council Member Bessine L. Richard Council Members Richard and Marquez read a proclamation honoring women in celebration of Women's History Month. Betsy Starbuck, president of the League of Women Voters, San Bernardino Area, accepted the proclamation, and spoke about a documentary the League is sponsoring about the Equal Rights Amendment and gave an update on the status of the state ratification of the proposed amendment. Shirley Harlan also spoke about the documentary, which will be shown Thursday March 8 at the Regal Cinema in San Bernardino. 2. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced the upcoming events sponsored by the Chamber of Commerce. Roxanna Gracia announced that she was the new acting District Director for Assemblywoman Eloise Reyes, and introduced Daniel Frye as the new field representative for the office. She congratulated the 8 San Bernardino women who were finalists for Woman of the Year. Mayor and City Council of the City of San Bernardino Page 2 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 Consent Calendar 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated March 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of February 7, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for February 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Agreement with USA Shade for the design, engineering and installation of the CBDG-funded Shade Structure at the Jerry Lewis Family Swim Center Approved Motion: Adopt the resolution. Reso. 2018-52 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Service Agreement with USA Shade for the design, engineering, and installation of a shade structure at the Jerry Lewis Mayor and City Council of the City of San Bernardino Page 3 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 7 Family Swim Center. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Agreement with Graves & King for Hearing Officer Services pp owed Motion: Adopt the resolution. Res. 2018-53 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing a Professional Services Agreement between the City of San Bernardino and Graves & King, LLC for Hearing Officer Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Establishing Salaries for Police Safety Approved Motion: Adopt the resolution. Reso. 2018-54 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for Police Department ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), and Law Enforcement Trainee, effective August 1, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Establish Salaries for Police Management Approved Motion: Adopt the resolution. Reso. 2018-55 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for Police Department ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief of Police), and P-7 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 (Chief of Police) effective August 1, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Establishing a Basic Compensation Plan for Employees of the San Bernardino Police Department App roved Motion: Adopt the resolution. Reso. 2018-56 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for employees of the San Bernardino Police Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Establishing a Basic Compensation Plan for Temporary or Part Time Employees of the San Bernardino Police Department Approved Mnfinn- Adopt the resolution. Reso. 2018-57 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for Temporary/Part-Time Officers and/or employees of the City of San Bernardino, California. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Establishing Public Official Bond Requirements and Amending Municipal Code Chapter 2.62 Approved Motions: Adopt the resolution.; and Introduce for first reading Ordinance No. MC -1467, an Ordinance of the Mayor Mayor and City Council of the City of San Bernardino Page 5 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 and City Council of the City of San Bernardino, California, repealing Chapter 2.62 of the San Bernardino Municipal Code related to the filing of official bonds. Reso. 2018-58 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing official bond requirements for the positions of City Attorney, City Clerk, City Manager, Director of Finance, General Manager of the City of San Bernardino's Municipal Water Department, and Finance Director of the City of San Bernardino's Municipal Water Department and fixing the amount and terms of those official bonds. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Issuance of a Purchase Order to United Rentals, Inc., for Multiquip Roller Equipment to Repair City Streets Approved Motion: Adopt the resolution. Reso. 2018-59 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the Director of Finance to issue a Purchase Order to in the amount of $16,901.46 to United Rentals, Inc. for the purchase of a Multiquip Roller AR14H. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Authorization to issue a Purchase Order to Aardvark for the Purchase of SWAT Tactical Vests Approved Motion: Adopt the resolution. Reso. 2018-60 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order to Aardvark in Mayor and City Council of the City of San Bernardino Page 6 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 the amount of $92,232.00 for the purchase of SWAT Tactical Vests. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Final Reading — Development Code Amendment 18-02 Chapter 5.10, Chapter 8.97 and Chapter 8.99 Shakers Matthew Clevenger William Cioci Robert Porter Henry Sanchez Mark Estermyer Nasser Azimi Approved Mntinn- Adopt the ordinances. MC -1464 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Commercial Cannabis Activity (Chapter 5.10 — Development Code Amendment 18-02A). MC -1465 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Smoking Cannabis in Public Places (Chapter 8.97 — Development Amendment 18-02B). MC -1466 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Personal Cultivation in Private Residences (Chapter 8.99 — Development Code Amendment 18-02C). RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Issuance of a Purchase Order to Industrial Video & Control for Solar Powered Public Safety Camera System Trailers Approved Motion: Adopt the resolution. Mayor and City Council of the City of San Bernardino Page 7 Printed 3/812018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 Reso. 2018-61 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order to Industrial Video & Control for two solar powered public safety camera system trailers. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. Authorize the City Manager to Approve and Execute Agreements Related to Programs and Services Approved in the Substantial Amendment to HUD Fiscal Year 2017-18 Action Plan Approved Motion: Adopt the resolution. Reso. 2018-62 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving agreements related to programs and services approved in the Substantial Amendment to the HUD Fiscal Year 2017- 2018 Action Plan and authorizing the City Manager to execute the agreements. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Accept Emergency Management Performance Grant and Expenditures Approved Motion: Adopt the resolution. Reso. 2018-63 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and expenditure of the FY 2017 Emergency Management Performance Grant, authorizing the City Manager to execute Vendor Service Agreements with Vector USA and Tyco Integrated Security, and authorizing the Director of Finance to amend the Adopted FY 2017/18 Budget and issue Purchase Orders to Vector USA, Tyco Integrated Security, and GovConnection, Inc. Mayor and City Council of the City of San Bernardino Page 8 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Charter Implementation — Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part III —+FINAL READING Approved Motion: Adopt the ordinances. MC -1468 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.26 of the San Bernardino Municipal Code related to the Animal Control Commission. MC -1469 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 6.14 of the San Bernardino Municipal Code related to Administrative Citations. MC -1470 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 6.09 of the San Bernardino Municipal Code related to Vicious and Potentially Dangerous Dogs. MC -1471 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.34 and Chapter 2.39 of the San Bernardino Municipal Code related to the Board of Police Commissioners and the Human Relations Commission. MC -1472 Ordinance of the Mayor and City council of the City of San Bernardino, California, amending and renaming Chapter 5.82 of the San Bernardino Municipal Code related to "Operator Permit Regulations." MC -1473 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.22 of the San Bernardino Municipal Code related to the "Planning Commission." MC -1474 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.45 of the San Bernardino Municipal Code to create the "Building and Accessibility Appeals Board" and repealing Resolution No. 94-254. Mayor and City Council of the City of San Bernardino Page 9 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. Charter Implementation — Personnel System and Business Registration and Treasury Division Transfer Part I — FINAL READING Approved Motion: Adopt the ordinances. MC -1475 Ordinance of the Mayor and City Council of the City of san Bernardino, California, repealing and replacing Chapter 2.04 of the San Bernardino Municipal Code related to the "Human Resources Department" to establish a Personnel System. MC -1476 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing and replacing Chapter 2.08 of the San Bernardino Municipal Code related to City Treasurer. MC -1477 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.10 of the San Bernardino Municipal Code related to the Department of Finance. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 21. Mid -Year Financial Review — Fiscal Year 2017/18 Approved Motion: Adopt the resolution. Reso. 2018-64 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving and adopting the City of San Bernardino's Fiscal Year 2017/18 Budget Update and related budget amendment action. Mayor and City Council of the City of San Bernardino Page 10 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Comprehensive Annual Financial Report of the City of San Bernardino Municipal Water Department for the Fiscal Year ended June 30, 2017 The Council received the audited Comprehensive Annual Financial Report of the Water Department's Water, Sewer, and Sewer Collection Utilities for the Fiscal Year ended June 30, 2017. No vote was taken on this item. 23. Amendment to Tow Service Agreement to Include One Additional Tow Carrier to City's Tow Rotation Approved Motion: Adopt the resolution. Reso. 2018-65 Resolution of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to initiate action to establish an additional tow carrier to the City's tow carrier rotation. 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 ABSTAIN: Valdivia 24. Status of Bills of Interest to Southern California Association of Governments Update Council Member Mulvihill discussed various pieces of legislation of interest to the City. Note was taken on this item, but the council agreed via consensus to direct the City Manager to send a letter of opposition to the authors of AB 1759. PUBLIC HEARINGS 25. Parking Lease Agreement for the Andreson Building located at 320 N. "E" Street Approved Mnfinn- Reso. 2018-66 Adopt the resolution. Resolution of the Mayor and City Council of the City Mayor and City Council of the City of San Bernardino Page 11 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 of San Bernardino, California, approving a Parking Agreement between the City and 320 N. E Street, LLC for the use of 125 unreserved parking stalls in the City Hall parking structure. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 26. Formation of Assessment District No. 1056 for the cost of landscape maintenance in the Magnolia Avenue and Garfield Street Area relative to Tentative Tract No. 16502 City Clerk Hanna announced that three ballots had been received on the matter. She opened and read them. The three ballots were in favor of the item Approved Motion: Conduct a Public Hearing on the proposed formation of a special assessment district, to be known as Assessment District No. 1056, located in the Magnolia Avenue and Garfield Street Area and adopt Resolution No. 2018-67; and Adopt the resolution. Reso. 2018-67 Resolution of the Mayor and City Council of the City of San Bernardino, California, determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that Public Convenience and Necessity require the maintenance of landscaping and a detention basin located in the Magnolia Avenue and Garfield Street area, approving the final Engineer's Report, creating an assessment district to cover the cost of said maintenance, known as Assessment District No. 1056, ordering the work, confirming the 2018-2019 Assessment Roll, and determining that the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 shall not apply. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 12 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 27. Appeal of Denial of Tow Carrier--Pepe's Towing S,,)eaker James Penman Approved Motion: Continue item to March 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Public Comments for Items Not on the Agenda William Cioci, San Bernardino, discussed the cannabis ordinances and what effect the expects their passage to have upon him. Margaret Jones spoke about the CSUSB Social Work students' Seccombe Lake clean-up project, scheduled for March 10. Robert Porter, San Bernardino, admonished the Mayor and City Council for breaking its recently posted meeting rules. Brittany Abraham, also a social work student t CSUSB, spoke about a project she and classmates had done at Mary's Mercy Center and she reported that 45 percent of the people they spoke to had expressed concerns about the potholes around the facility. Peggy Stapleton, San Bernardino, said she was proud of what the Mayor and City Council had_ accomplished and invited them to a church open house. Hillel Cohn, San Bernardino, asked the council to reconsider combining the Human Relations Commission and the Police Commission. Scott Olson, San Bernardino, spoke about the Council code of conduct rules. James Penman, San Bernardino, spoke about his experience as the City Attorney and said he supported the current City Attorney's comments earlier in the meeting. Luis Ojeda, San Bernardino, said bad perception of San Bernardino was warranted. He said he'd called Code enforcement for months without receiving a response and that he'd spent his own time and money to clean up the area near Kohl's. Karmel Roe, San Bernardino, said holding a special meeting at 8:30 a.m. on a weekday was not convenient for the public and that the Mayor and Council had forgotten who they work for. She called the cannabis ordinances are not supportive of what the citizen advisory committee had passed. Mayor and City Council of the City of San Bernardino Page 13 Printed 3/8/2018 Joint Regular Meeting DRAFT MINUTES March 7, 2018 Richard Perez, a CSUSB Social work student, spoke about homeless issues and said he and his fellow classmates were creating hygiene bags for them. 29. Items to be referred to City Council Committees No items were referred. 30. Announcements by Mayor, City Council and Executive Staff 31. Adjournment The meeting adjourned at 9:18 p.m. 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, March 21, 2018 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. Mayor and City Council of the City of San Bernardino Page 14 Printed 3/8/2018 City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill FOR THE 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 4, 2018 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 4:04 PM, Wednesday, April 4, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status „ Virginia Marquez _ _ Council Member, Ward 1 Present _Arrived -4:00 PM Benito J._Barrios C_ouncll Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Late 4:20 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, 5 Late T PM Bessine L. Richard _Ward ; Council Member, Ward 6 ! Present _4:2_2 4:00 PM James Mulvihill Council Member,_ Ward 7 Present 4:00 PM R. Carey Davis Mayor _ Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 NM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Closed Session City Attorney Saenz announced that he would leave the room during closed session discussion of Rosemary Easley, et al. v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS1515304 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 City of Fontana, et al., v. State Board of Equalization (California Department of Tax and Fee Administration), et al., Alameda County Superior Court Case No. RG 14721676, California Court of Appeal, First Appellate District, Division 2, Case No. A147642, and Supreme Court of California, Case No. S246278 People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Concepts Collective, a California corporation; Joe Bixler, an individual, et al., San Bernardino County Superior Court Case No. CIVDS1516185 People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Inc., a business entity of unknown form; et al., San Bernardino County Superior Court Case No. CIVDS1512329 County of San Bernardino and City of San Bernardino v. The High Desert Partnership in Academic Excellence Foundation, Inc., San Bernardino County Superior Court Case No. UDFS1800988 Rosemary Easley, et al. v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS1515304 Bubba Likes Tortillas, LLC v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1806921 Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1702131 MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1802539 Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1712424 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. C1VDS1704276 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): One (1) Item Invocation and Pledge of Allegiance The invocation was given by Major Daniel Henderson of the Salvation Army. The Pledge of Allegiance was led by Council Member Marquez. Closed Session Report City Attorney Gary Saenz reported the following actions from closed session: • People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Concepts Collective, a California corporation; Joe Sixler, an individual, et al., San Bernardino County Superior Court Case No. CIVDS1516185 The Council gave settlement directive by a vote of 6-0, with Council Member Valdivia absent. • People of the State of California by and through the City Attorney for the City of San Bernardino v. Kush Inc., a business entity of unknown form; et al., San Bernardino County Superior Court Case No. CIVDS1512329 The Council gave settlement directive by a vote of 6-0, with Council Member Valdivia absent. • Rosemary Easley, et al. v. City of San Bernardino, et aL, San Bernardino County Superior Court Case No. CIVDS1515304 The Council gave settlement directive by a vote of 7-0. Presentations 1. Special Recognition to Consul Billy Munoz Miranda, Guatemalan Consulate — By Mayor Davis and City Council Members Mayor Davis announced that prior to the council meeting the Mayor and City Council and staff members honored Guatemalean Consul Billy Munoz as he prepares for his next assignment in Chicago. 2. Issuance of Proclamation(s): Proclaim April as Child Abuse Prevention Month Mayor Davis announced that the City had issued a proclamation naming April as Child Abuse Prevention Month. 3. Chamber of Commerce & Local Elected Officials Announcements Gaby Rubio of the National Orange Show, gave the announcements for the Chamber of Commerce. Mayor and City Council of the City of San Bernardino Page 3 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Consent Calendar 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated April 4, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2018. ............... RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shored, Nickel, Richard, Mulvihill 6. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of March 21, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Vendor Services Agreement with Advanced Pet Care of San Bernardino and Authorization to Amend the Adopted FY2017/2018 Budget and Increase the Purchase Order SSpeaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2018-92 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with Advanced Pet Care of San Bernardino, appropriating $30,000 into the FY2017/18 Adopted Budget, and authorizing the increase of the Purchase Order to Advanced Pet Care of San Mayor and City Council of the City of San Bernardino Page 4 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Bernardino for veterinarian services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Purchase Order Increase for C&W Construction Specialties, Inc. Approved Motion: Adopt the resolution. Reso. 2018-93 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and C&W Construction Specialties, Inc. of Ventura, California, and approving an increase to Purchase Order No. 2018-333 by $47,349 for the maintenance and repair of guardrails Citywide. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Agreement for Security Services and Issuance of a Purchase Order to Platinum Security, Inc., for FY 2018/19 Approved Motion: Adopt the resolution. Reso. 2018-94 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Platinum Security, Inc. and authorizing the Director of Finance to issue a Purchase Order to Platinum Security, Inc. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill AWAY: John Valdivia 10. Authorization to Issue Purchase Order to Public Safety Innovation, Inc., and Execution of a Vendor Services Agreement for Refurbishment and Repairs to the Police Mobile Command Post Approved Mayor and City Council of the City of San Bernardino Page 5 Printed 41612018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Motion: Adopt the resolution. Reso. 2018-95 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Public Safety Innovation, Inc., and authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino, California, and Public Safety Innovation, Inc. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Opposition Letters to Proposed Housing Legislation (AB 1759, SB 827 and SB 828) Speaker Karmel Roe Approved Motion: Authorize the Mayor, on behalf of the City of San Bernardino, to sign opposition letters to three proposed housing bills, AB 1759 (McCarty), SB 827 (Weiner) and SB 828 (Weiner). RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Final Reading - Development Code Amendment 17-07 Speaker Karmel Roe Approved Motion: Adopt the ordinance. MC -1479 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption and approving Development Code Amendment 17-07 to amend Chapter 19.19 (Main Street Overlay District) of the City of San Bernardino Development Code to add an Adaptive Reuse Overlay to allow for the conversion of existing commercial and office buildings to residential units within specified areas. Mayor and City Council of the City of San Bernardino Page 6 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Final Reading - Amending Municipal Code Chapter 2.58 Related to the Conduct of Public Meetings and Establishing Reasonable Regulations for Public Comments, Testimony, and Procedural Rules for Quasi -Judicial Hearings Approved Motion: Adopt the ordinance. MC -1478 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Municipal Code Chapter 2.58 related to the conduct of public meetings and quasi- judicial hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 14. Agreement with Westbound Communications, Inc. for Marketing and Public Relations Services Sneaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2018-96 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Westbound Communications, Inc. for Public Relations and Marketing Services and a purchase order in an amount not to exceed $241,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Charter Implementation - Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV Mayor and City Council of the City of San Bernardino Page 7 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Speakers Jim Smith Nicholas Cataldo Dorothy Garcia Gil Botello Approved Motion: Adopt the resolution and introduce for first reading: Reso. 2018-97 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Arts and Historical Preservation Commission. MC -1480, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Municipal Code Chapter 2.43 Bureau of Franchises and amending Chapter 5. 76 related to Bureau of Franchises, Taxicabs and Non - Emergency Vehicles. MC -1481, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 8.90 (Mobile Home Rents) dissolving the Mobile Home Rent Board and delegating responsibility for the review of Mobile Home Park rent increase requests to an independent Hearing Officer. MC -1482, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 15.37 related to Historic Building Demolition. MC -1483, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, enacting San Bernardino Municipal Code Chapter 2.27 related to the "Library Board." RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Charter Implementation - Business Registration Division Transfer Part II Approved Motion: Adopt the resolution and introduce for first reading: Reso. 2018-98 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the reclassification of the Business Registration Representative and Senior Business Registration Representative job classifications from unclassified to classified positions within the General Unit Mayor and City Council of the City of San Bernardino Page 8 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 bargaining group and amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017. MC -1484, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32, and 14.08 transferring licensing of certain businesses and uses from the City Clerk to the Finance Department of the City of San Bernardino and repealing San Bernardino Municipal Code Chapter 3.60 related to the Cigarette Tax. MC -1485, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing San Bernardino Municipal Code Chapter 5.16 entitled "Fire, Removal, or Closing -Out Sales." MC -1486, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing San Bernardino Municipal Code Chapter 5.40 related to "Charitable and Religious Solicitation in Central City Mall." MC -1487, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 5.52, transferring licensing of escort bureaus from the City Clerk to the Police Department of the City of San Bernardino, amending San Bernardino Municipal Code Chapter 5.84 related to enforcement, and repealing San Bernardino Municipal Code Chapter 5.60 related to motor buses. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. Ordinance and Urgency Ordinance of the City of San Bernardino, California, Reauthorizing the City's Public, Educational, and Governmental Access and Support Fee Approved Motion: Adopt urgency ordinance MC -1489; and introduce for first reading: MC -1488, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee; and, MC -1489 Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the City's Public, Mayor and City Council of the City of San Bernardino Page 9 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Educational, and Governmental Access and Support Fee. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. CIP Work Plan Update Consensus Motion: Receive and file the Update on the FY 2017/18 Capital Improvement Program Work Plan. 19. Verdemont Community Center Speakers Chas Kelly Mandy Jacobs Kimberly Knaus Approved Motion: Continue to May 2, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. Southern California Association of Governments Legislative Update Council Member Mulvihill presented a report on this item. No vote was taken. 21. Water Education for Latin Leaders (WELL) 2018 Annual Conference — March 22-23, 2018 Council Member Barrios presented a report on this item. No vote was taken. 22. Alternative Locations for City Council Chambers The City Council asked that the City Manager's Office explore the option of using the following buildings for temporary City Council Chamber: The Inland Valley Development Agency building, Sturgis Theater, California Theater, San Bernardino Valley College auditorium or the San Bernardino Valley College Board Room. Quasi -Judicial Hearings 23. Adopt a Resolution Approving Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B) Mayor and City Council of the City of San Bernardino Page 10 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 This item was pulled from the agenda and not considered. 24. Continue Public Hearing - Appeal of Pepe's Towing Approved Motion: Continue to April 18, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 25. Continue Public Hearing - Appeal 18-01 of Conditional Use Permit 17-22 - Drive through Restaurant - 2855 Waterman Avenue Councilmember Mulvihill announced that he was the appellant and left the dais before the vote. Approved Motion: Continue to May 2, 2018. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard AWAY: James Mulvihill Public Hearing 26. General Plan Amendment 18-01. Subdivision 18-01. Conditional Use Permit 18-01, and Finding of Public Convenience or Necessity Letter 18-01 S;aeakers Daniel Aguilar Donald Plengsi Reginald Metu Jian Torkian Approved Motion: Adopt the resolution, as amended and introduce MC -1490 for first reading. Reso. 2018-100 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving Subdivision 18-01, Conditional Use Permit 18-01, a request to allow a service station and convenience store with a Type -20 (Off -sale Beer and Wine) ABC License, a drivethru restaurant, and a sit down restaurant, and finding of Public Convenience or Necessity Letter 18-01 on a site of approximately 3.5 acres located at the southwest corner of Mayor and City Council of the City of San Bernardino Page 11 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Kendall Drive and Shandin Hills Drive within the Commercial General (CG -1) Zone and Transit District (TD) Overlay. MC -1490, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving General Plan Amendment 18-01 to allow the reclassification of the General Plan Circulation Element street designation of Shandin Hills Drive from a Local Street to a Secondary Arterial. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 27. Commercial Cannabis Business Types, Commercial Cannabis Review Criteria, Commercial Cannabis Application Fee, Personal Cultivation Registration Fee, and Authorization to Access State and Federal Criminal Records Speakers Sharon Humphries Karmel Roe Matthew Clevenger Majid Seraj Ben Eilenberg Approved Motion: Adopt the resolutions. Reso. 2018-101 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the maximum number of Commercial Cannabis Business Types, pursuant to San Bernardino Municipal Code Section 5.10.080. Reso. 2018-102 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Permit Application Review Criteria and Procedures pursuant to San Bernardino Municipal Code Section 5.10.090. Reso. 2018-103 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Commercial Cannabis Application Review and Appeal Fees, pursuant to San Bernardino Municipal Code Section 5.10.090 and 5.10.160. Reso. 2018-104 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a Personal Cultivation in Private Residence Fee, pursuant to the San Bernardino Municipal Code Section 8.99.040(C). Reso. 2018-105 Resolution of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 12 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 Bernardino, California, approving an application to authorize the access to state and federal level summary criminal history information for employment, volunteers, contractors, licensing, or certification purposes. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 28. Public Comments on Items Not on the Agenda Mayor Davis announced that beginning at the next Mayor and City Council meeting, public comment on items not on the agenda would be moved to just prior to the Consent Calendar Brandon Carter, San Bernardino, spoke about his movie about San Bernardino and his eight -point plan to rebuild the city. Karmel Roe, San Bernardino, said residents need the truth, not lies or sugar coating. Luis Ojeda said he had been disappointed with council and was amazed that they had approved spending $240,000 to market the city. He said he was looking for a building to buy in downtown because property is cheap. Steve Figueroa said San Bernardino is the most anti -business city in the Inland Empire. He said the only people making money in the city are cannabis lawyers. He also told the council that if they wanted votes, they should at least act interested in what people have to say and that people have a right to criticize them. Roxanne Williams spoke about Frank Montes and his professional and civic experience. Frank Montes spoke against the council's actions during the cannabis discussion. Tim Prince, San Bernardino, said accessibility at City Hall was diminished, and that the mayor and council were discouraging citizen input and that the response to Montes' comments further restricted participation. He also decried the closing of City Hall for earthquake risk. Sandra Ibarra, San Bernardino, said she has been reporting broken sidewalks and lack of lighting in her ward. 29. Items to be referred to City Council committees Councilmember Valdivia announced vacancies on several commissions and said he needed to make an appointment to the elected officials compensation committee. 30. Announcements by Mayor, City Council and Executive Staff Mayor Davis announced that public comments for all items on the agenda would be taken before the Consent Calendar, beginning at the next meeting. City Manager Miller said there are vacancies on several of the new boards and reminded council Mayor and City Council of the City of San Bernardino Page 13 Printed 4/6/2018 Joint Regular Meeting DRAFT Minutes April 4, 2018 that they need to make appointments for the new Elected Official Compensation Committee; applications are available online. 31. Adjournment The meeting adjourned at 10:10 p.m. 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, April 18, 2018 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. Mayor and City Council of the City of San Bernardino Page 14 Printed 4/6/2018 City of San Bernardino 290North E Street San Bernardino, CA 92401 http://www.sbcity.o '- DRAFT MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito J. Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill FOR THE 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 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 18, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:04 PM, Wednesday, April 18, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Virginia_Marquez Benito J. Barrios John Valdivia Fred Shorett HenryNickel Bessine L. Richard J_ames Mulvihill _R. Carey_Da_Vis _ Georgeann "Gigi" Hanna Gary D. Saenz Andrea Miller TitleI_Status Council Member, Ward 1 Present Council Member, Ward 2 Present Council Member, Ward 3 e Later Council Member, Ward 4 Council Member, Ward 5 Council Member, Ward 6 Council Member, Ward 7 City Clerk City Attorney City Manager 1....__ Present I Absent Arrived 4:00 PM 4_:00 PM 4:20 PM 4:00 PM Present 4:00 PM Present 4:00 PM Present 4:00 PM Present 4:00 Present _PM 4:00 PM Absent 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 4/25/2018 Joint Regular Meeting Minutes April 18, 2018 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 Bank of America v. Duane M. Magee, et al., San Bernardino County Superior Court Case No. CIVDS1504173 Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907 Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812, ADJ126304 Brenda Hall v. City of San Bernardino, WCAB Case No. ADJ9335898 B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): One (1) Item Invocation and Pledge of Allegiance The invocation was given by Pastor Percy Hill of Fifth Street Baptist Church. The Pledge of Allegiance was led by sisters Shannon and Rachel Henkel, 6th grade students at North Verdemont Elementary School. Closed Session Report City Attorney Gary Saenz reported the following actions from closed session: • Bank of America v. Duane M. Magee, et al., San Bernardino County Superior Court Case No. CIVDS1504173 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia abstaining due to his late arrival and Council Member Nickel absent. • Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent. • Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812, ADJ126304 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent. • Brenda Hall v. City of San Bernardino, WCAB Case No. ADJ9335898 The Council gave settlement directive by a vote of 5-0, with Council Member Valdivia and Council Member Nickel absent. Mayor and City Council of the City of San Bernardino Page 2 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Presentations 1. Aquinas High School — CIF Champions — Boys Soccer and Football — Mayor R. Carey Davis Mayor Davis recognized the accomplishment of the boys' soccer and football team for their being named CIF Southern Section Champions, calling their victories wins for the entire community. The football team and Varsity soccer coach accepted the proclamation on behalf of the teams. Assemblywoman Reyes' office also congratulated the teams. 2. Special Recognition to SBPD — Baker to Vegas XXXIV — First Place for 500 Individual — Mayor R. Carey Davis Mayor Davis thanked Sgt. John Echevarria and his teammates for placing first in the Baker to Vegas Relay in the division for departments under 500 officers. The team, which included sworn personnel and professional staff, showed a video from the day of the race, where they ran 120 miles in 15:33, climbing some legs of 1,000 -foot altitude. Assemblywoman Reyes' office also presented the group with an award. issuanwe of Dryalamatii.n(s) _ MaYG. R. GaFey havoc. This item was not heard. 4. Citizen of the Month - Art Davis - Council Member John Valdivia This item was moved to the May 2, 2018 Mayor and City Council meeting. 5. APWA Award for Bryce E. Hanes Park Susan Longville, Steve Copeland and Wen Huang of the San Bernardino Valley Municipal Water District presented the City with an award from the American Public Works Association for the design of Bryce E. Hanes Park. The group gives an annual award for projects. 6. Chamber of Commerce & Local Elected Officials Announcements Colin Strange announced upcoming Chamber of Commerce events. Doug from Assemblywoman Reyes' office made announcements about events in the 47th District. Public Comments for items listed and not listed on the Agenda Andrea Neyses, Highland, said she and her friends want to make sure that the San Bernardino Animal Control Shelter stays open and praised the shelter staff. Ana de la Tejera, Riverside, said she supports cannabis availability and started using it a few years ago to address her osteoarthritis. She asked that the City help seniors get their medication. Mark Estermyer, Highland, presented a letter to the City Council regarding comments made by the City Manager at a March 7, 2018 meeting. He said the dissemination of unreliable information is inexcusable. He also presented letters from his neighbors supporting a commercial cannabis business at 1942 N. I street. Mayor and City Council of the City of San Bernardino Page 3 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Sandra Owen, San Bernardino, spoke about her appreciation for San Bernardino resident Pj Seleska's role in responding to a heart attack that Sandra experienced on March 1 and said she wanted to let people in the City know she was grateful. Colin Strange, of the San Bernardino Area Chamber of Commerce, said that candidate forums had been televised via the City's government access channel for the past 25 years, said they reached elderly and disabled people who could not access forums otherwise, and he asked the Council and City Manager for reconsideration of the new policy not to use any City facility for political purposes. William Cioci, San Bernardino, asked about the disposal of animals in case the animal shelter is closed and read a letter regarding cannabis licensing requirements for High Times planned event at the National Orange Show. Stephanie Lanfeste said she had received daily text messages about animals being put down at the shelter. She praised shelter staff and said the opportunity to save shelter animals would be lost if the san Bernardino facility closed because people would not take them to the Riverside facility, but rather drop them in the streets. She said the shelter had improved from a 58% kill rate in 2013 to a 10% kill rate now; a rate of 8% or less would qualify the facility as a "no -kill" shelter. Jose Ocano, Los Angeles, Pacific Regional Director of Best Friends Animal Society, said his organization would not advocate who the City should contract animal shelter services to, but asked that whomever the City chooses should be committed to a no -kill policy. Alice Chow, Highland, said she loved the city and she volunteers 3-4 hours each day at the City shelter. Her group makes the dog beds at the shelter, helps pet owners pay their bills and also raises money for surgeries for stray animals. She said the working relationship with the City shelter was excellent and asked for more time to make the kill rate at the shelter better. Jessica Lopez, Pomona, cited statistics about different kinds of animal shelters. Jennifer Rosengard, Upland, spoke about the Daisy Hope Foundation and a mobile spay vehicle available to address San Bernardino needs. Marie Scheffler, San Bernardino, said a city the size of San Bernardino needs an animal shelter. Janine Nielsen, Redlands, said she is a realtor and puller of animals for the City shelter and a volunteer for rescue. She said the real estate community is impacted by the animal shelter because homebuyers are looking for pet -friendly shelters, parks and they all have a stake in the issue. She said realtors had partnered with the Daisy's Hope Foundation to offer free spaying services to up to 250 pets. Faith Easdale, Highland, said she recently spent three days in the riverbed rescuing animals and spoke of some of the sights she'd seen in her experience. Helen Williams, San Bernardino, said she sees two or three stray animals every day in her ward — Ward Two. She said a low cost spay/neuter program and a partnership with local nonprofits for an awareness campaign would be beautiful. She said she is concerned that stray animals sent to Riverside facility would not be reclaimed. Angela Halfman, San Bernardino, said she was part of Cause for San Bernardino Paws, and praised increased transparency at the City shelter. She asked that a task Mayor and City Council of the City of San Bernardino Page 4 Printed 412312018 Joint Regular Meeting Minutes April 18, 2018 force be convened to find the best solutions for the City and asked people to work collaboratively. Caryn Curren, San Bernardino, said 71% of the community supports local animal care services and asked for a committee to address local services. Myra Perez, Rialto, said she was passionate about animals and asked that the council pay attention to the concerns of the people and that she and her group have been reaching out to the media to make sure the shelter is not closed. She said closing the shelter would further affect San Bernardino's image. She suggested using in -fill properties to support a shelter. Mia Davis, San Bernardino, said it is wonderful to see San Bernardino City to start rising again and that the City is the heart of the County and said that to not look and hear what people who are investing their time in the City for animals, is a shame. She said this is an opportunity to do something wonderful with people and resources. Anthony Forfa, San Bernardino, spoke about the cannabis issue and changing requirements for the distances required for a commercial cannabis business. He said the community needs respectable dispensaries established for the people. Kaiser Ahmed, Redlands, spoke about his candidacy for Congress and said he supports Medicare for all and services for veterans. Forela Piedra, Highland, said she loves the City and its dogs. She spoke about dogs during the 2008-09 housing crisis. Barbara Babcock, San Bernardino, spoke about changes with the animal control shelter over the past several years. Jim Smith, San Bernardino, complimented the City Manager's office for the combining of the Fine Arts Commission and the Historical Preservation Commission and said it makes sense. He announced the upcoming tree planting event, the Rotary mayoral candidate forum and the pioneer event. Consent Calendar Mayor Davis recused himself from discuss of Item 16 and announced that he had a conflict because of a campaign contribution from the vendor. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated April 18, 2018. Mayor and City Council of the City of San Bernardino Page 5 Printed 412312018 Joint Regular Meeting Minutes Aprii 18, 2018 RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2018. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 9. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of February 21, 2018. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 10. Imposing Liens to Recover Costs for Code Enforcement Abatement Approved Motion: Adopt the resolution. Reso. 2018-106 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 11. Approval of Destruction of Certain Obsolete Case Files by the San Bernardino Police Department Mayor and City Council of the City of San Bernardino Page 6 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Approved Motion: Reso. 2018-107 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain obsolete case files by the San Bernardino Police Department. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 12. Agreement with KOA Corporation for Engineering Design Services Approved Motion: Reso. 2018-108 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an Agreement between the City of San Bernardino and KOA Corporation for Engineering Design Services for Pavement Rehabilitation of 11 Street Segments throughout the City, (SS18-002 & SS18-005) and authorizing the Director of Finance to issue a purchase order in the amount of $118,690. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 13. Agreement with Willdan Engineering, Inc. for Civil Engineering Design Services Approved Motion: Adopt the resolution. Reso. 2018-109 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Willdan Engineering, Inc. for civil engineering design services for pavement rehabilitation for fourteen (14) Street Segments throughout the City (SS18-003 & SS17-003) and authorizing the Director of Finance to issue a Purchase Order in the amount of $166,036. Mayor and City Council of the City of San Bernardino Page 7 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 14. Agreement with Pacific Builders and Roofing, Inc. for Roofing and Fascia Replacement at Howard M. Rowe Branch Library Approved Motion: Adopt the resolution. Reso. 2018-110 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Pacific Builders and Roofing, Inc., in the amount of $122,880, authorizing a construction contingency in the amount of $12,288, for a total amount not to exceed $135,168, and authorizing the City Manager or her designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 15. Infrastructure Improvement Agreement with the San Manuel Band of Mission Indians for Victoria Avenue Improvements Approved Motion: Adopt the resolution. Reso. 2018-111 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into an infrastructure improvement agreement with San Manuel Band of Mission Indians (SMBMI) for the rehabilitation of various streets throughout the City. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 16. Agreement with Quality Light and Electric for Street Lighting Repair Services Mayor and City Council of the City of San Bernardino Page 8 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Approved Motion: Reso. 2018-112 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Vendor Services Agreement between the City of San Bernardino and Quality Light and Electrical (QLE) for street light repair services and issuance of an Annual Purchase Order not to exceed $555,000 with four (4) one-year extensions at the City's option to QLE for street light repair services per Special Provisions No. 13188. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 17. Amendment Number Two to the Agreement with R.T. Desai & Associates for Accounting Consultant Services Approved Motion: Reso. 2018-113 Adopt the resolution. Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment Number Two to the Professional Services Agreement between the City of San Bernardino and consultant R.T. Desai & Associates for Accounting Services in the amount of $150,000 for a total amount not to exceed $340,000. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 18. Amendment Number One to Agreement with Moore lacofano Goltsman, Inc. for the Comprehensive Update to the City's Signage Regulations Approved Motion: Adopt the resolution. Reso. 2018-114 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number One to the Consultant Services Agreement with Moore lacofano Goltsman, Inc. to increase the amount by $3,000 for a total amount not to exceed $62,925, and extend the term of the Mayor and City Council of the City of San Bernardino Page 9 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 agreement to December 31, 2018, for the preparation of the Comprehensive Signage Regulations Update. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 19. Establishment of All -Way Stop Controls at the Intersection of Pacific Street and Central Avenue Approved Motion: Adopt the resolution. Reso. 2018-115 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing All -Way Controls at the intersection of Pacific Street and Central Avenue. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 20. Amendment of San Bernardino Municipal Code Chapter 10.52, Speed Zones, to Establish the Speed Limit on "D" Street Approved Motion: Introduce for for first reading Ordinance No. MC -1491, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapter 10.52 to reduce the speed limit on "D" Street between Highland Avenue and Twenty -Eighth Street from forty-five miles an hour to thirty-five miles an hour. RESULT: ADOPTED [6 TO 01 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 21. Agreement with SCE for Energy Efficiency -Light Fixture Replacement Rate Agreement Approved Motion: Adopt the resolution. Mayor and City Council of the City of San Bernardino Page 10 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Reso. 2018-116 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement between the City of San Bernardino and Southern California Edison for the Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 22. Charter Implementation — Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Part IV — Final Reading Approved Motion: Accept for final reading and adopt the ordinances. MC -1480 Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 2.43 Bureau of Franchises and amending Chapter 5.76 related to Bureau of Franchises, Taxicabs and Non -Emergency Vehicles; MC -1481 Ordinance of the Mayor and City Council of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 8.90 (Mobile Home Rents) dissolving the Mobile Home Rent Board and delegating responsibility for the review of Mobile Home Park rent increase requests to an independent Hearing Officer; MC -1482 Ordinance of the Mayor and City Council of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 15.37 related to Historic Building Demolition; and MC -1483 Ordinance of the Mayor and City Council of the City of San Bernardino, California, enacting San Bernardino Municipal Code Chapter 2.27 related to the "Library Board." RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 23. Charter Implementation — Business Registration Division Transfer Part II — Final Reading Mayor and City Council of the City of San Bernardino Page 11 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Approved Motion: Accept for final reading and adopt the ordinances. MC -1484 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending San Bernardino Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32, and 14.08 transferring licensing of certain businesses and uses from the City Clerk to the Finance Department of the City of San Bernardino and repealing San Bernardino Municipal Code Chapter 3.60 related to the Cigarette Tax. MC -1485 Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 5.16 entitled "Fire, Removal, or Closing -Out Sales." MC -1486 Ordinance of the Mayor and City Council of the City of San Bernardino, California repealing San Bernardino Municipal Code Chapter 5.40 related to "Charitable and Religious Solicitation in Central City Mall." MC -1487 Ordinance of the Mayor and City Council of the City of San Bernardino, California amending San Bernardino Municipal Code Chapter 5.52, transferring licensing of escort bureaus from the City Clerk to the Police Department of the City of San Bernardino, amending San Bernardino Municipal Code Chapter 5.84 related to enforcement, and repealing San Bernardino Municipal Code Chapter 5.60 related to motor buses. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 24. Final Reading of Ordinance No. MC -1488 Reauthorizing the City's Public, Educational, and Governmental Access and Support Fee Approved Motion: Accept for final reading and adopt the ordinance. MC -1488 Ordinance of the Mayor and City Council of the City of San Bernardino, California, reauthorizing the City's Public, Educational, and Governmental Access and Support Fee. Mayor and City Council of the City of San Bernardino Page 12 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 25. Final Reading — General Plan Amendment 18-01 Approved Motion: Accept for final reading and adopt the ordinance. MC -1490 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting a Categorical Exemption, and approving General Plan Amendment 18-01 to amend the General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel Staff Reports 26. Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform Approved Motion: Adopt the resolution. Reso. 2018-117 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory Platform for the City of San Bernardino. RESULT: ADOPTED [6 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 27. Amendment to the City's Conflict of Interest Code Approved Motion: Adopt the resolution. Reso. 2018-118 Resolution of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 13 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 Bernardino, California and the Mayor and City Council of the City of San Bernardino, California, Acting as the Successor Agency to the Redevelopment Agency authorizing amended Resolution No. 2018-14, and Appendix A, and amending the City's Conflict of Interest Code. RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill AWAY: Henry Nickel 28. Third Annual Arts Fest — Wrap Up Report No vote was taken on this item the council agreed via consensus to receive and file a summary report on the Third Annual Arts Fest. Public Hearing 29. Development Code Amendment 18-01 and Conditional Use Permit 18-02 Approved Motion: Adopt the resolution; Introduce for first reading Ordinance No. MC -1492, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approving Development Code Amendment 18-01 to amend Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code to allow Veterinary Services (with animal boarding) within the Commercial General (CG -3) Zone subject to the approval of a Conditional Use Permit, and Schedule the second reading of the above ordinance to the regularly scheduled meeting of the Mayor and City Council on May 2, 2018. Reso. 2018-119 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Previous Environmental Determination, and approving Conditional Use Permit 18-02 to allow the establishment and operation of a veterinary office, with animal boarding, within a tenant space containing approximately 4,200 square feet within a previously approved commercial building located at 1775 W. Northpark Boulevard, Suite B1 (APN: 0141-372-26) within the Commercial General (CG -3) Zone. Mayor and City Council of the City of San Bernardino Page 14 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 RESULT: ADOPTED [6 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel Quasi -Judicial Hearings 30. Continue Public Hearing - Appeal of Pepe's Towing Approved Motion: Continue to May 2, 2018. RESULT: ADOPTED [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 31. Adopt a Resolution Approving Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B) Speakers William Cioci Sameen Ahmad Sandra Olivas Approved Motion: Deny Conditional Permit 18-01 for a Temporary Cannabis Event at the National Orange Show Events Center by the Trans -High Corporation for April 20, 2018 through April 22, 2018 pursuant to San Bernardino Municipal Code Section 5.10.060(B). RESULT: ADOPTED [6 TO 0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Henry Nickel 32. Announcements by Mayor, City Council and Executive Staff 33. Adjournment Mayor Davis adjourned the meeting at 8:20 p.m. in memory of Barbara Bush. Mayor and City Council of the City of San Bernardino Page 15 Printed 4/23/2018 Joint Regular Meeting Minutes April 18, 2018 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 4:00 p.m., Wednesday, May 2, 2018, 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. y.t- . Georgeann "Gigi" Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 16 Printed 4/23/2018 �Knun�,�� City Council Memorandum Date: May 2, 2018 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Item 18: Police Department Crime Analysis Response Times and Department Calls for Service Staff has provided the City Council and Public with a staff report regarding Crime Analysis, Calls for Service, and Response Times in the City of San Bernardino. The staff report is included as an attachment to this memorandum and hard copies will be provided at the dais. Please feel free to contact City Clerk Gigi Hanna (hanna ai(a)sbcity. org) or Chief Deputy City Clerk John Maier (maierJsbcity.orq) should you have any questions. This Page Is left Intentionally Blank City of San Bernardino Request for Council Action Staff Report Date: May 2, 2018 To: Honorable Mayor and City Council Members From. Andrea M. Miller, City Manager By: Jarrod Burguan, Chief of Police Subject: Crime Analysis, Calls for Service and Response Times Recommendation Receive an oral presentation on crime analysis, response times and calls for service; review and discuss. Background This Report provides an update on crime trends in the City of San Bernardino as well as statistical information on calls for service, staffing, arrests, and citations. Crime and the impact of crime on the quality of life for the residents of our City continue to be a topic of discussion and a top priority for City leadership. Crime Analysis Over the last 20 years, overall crime in the City of San Bernardino has decreased. The crime trends in the City, like other communities, have ebbed and flowed with national trends and patterns including the economy. Further, the Police Department's ability to respond to calls for service in a timely manner and proactive enforcement efforts have been impacted by staffing levels, which also affects overall crime rates. The following graph shows 23 years of data and the relationship of Part 1 crimes, which include the major crimes of murder, rape, robbery, assault, burglary, theft, and grand theft auto (GTA), per 10,000 people to the population of San Bernardino. For comparison purposes, 23 years of crime data has been used because this is the earliest date in which Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) digital records were available online. The UCR Program is a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention. The Police Department does not maintain digital records for periods earlier than 1995. 1200.00 C r 10 i 1000.00 M e s 800.00 P e 600.00 r C 400.00 a P i 200.00 t a 0.00 Ln rn rn Part 1 Crimes per Capita and Population 220,000 The graph above reflects that Part 1 crime has decreased from 1,057.81 crimes per 10,000 people in 1995 to 520.16 crimes per 10,000 in 2017. The lowest number of crimes per 10,000 people was recorded in 2011 at 485.99. Overall, the number of crimes per 10,000 people is significantly lower than it was in the late 1990s. The following graph breaks down that same period and separates violent crime from property crime: Violent and Property Crimes per Capita and Population 900.00 C 842.73 r 800.00 i M 700.00 r --- - e S 600.00 P 500.00 e r 400.00 C 300.00 a P 200.00 i t 100.00 a 220,000 210,000 P 200,000 0 P u 190,000 1 a 5 t 180,000 0 n 1 170,000 0.00 'w =.M.-J._M.--U,.JS_M-AL3__E,MIMLrM--J-M-s.a.0 '.-■.II-■. 160,000 M M m M rn 0 0 0 0 0 0 0 0 0 0 .`j-1 .N -i m .-I-i 'I r -I -i q rn m m M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e -I 14 r -I 1-4 r4 N N N N N N N N N N N N N N N N N N Population Violent Crimes per 10,000 Residents Property Crimes per 10,000 Residents Violent crimes have decreased from 1995 at 215.08 crimes per 10,000 to 130.21 crimes per 10,000 in 2017. This number has increased over the last few years from 81.52 in 2010, which was the lowest recorded in the City. The lowest number of property crimes per 10,000 people was recorded in 2017 at 389.95. The following table shows the UCR numbers for the most serious crimes over the past 10 years: Murder 32 32 31 30 47 45 43 44 62 35 Rape 65 61 66 77 56 74 104 98 123 158 Robbery 779 677 632 720 803 794 811 968 903 877 Assault 1,198 1,138 895 1,034 1,116 1,036 1,170 1,587 1,790 1,736 Burglary 2,215 2,349 2,318 2,359 2,809 2,673 2,370 3,164 2,353 2,136 Theft 5,073 4,775 4,928 4,446 4,991 4,025 4,405 4,210 4,228 3,990 GTA 2,150 2,121 1,721 1,656 2,710 2,691 2,464 3,016 2,597 2,277. Murder. In the early to mid -1990's, the City's homicide rate exceeded 80 at one point, which was in 1992 at 82 murders. The average number of murders declined to an average of 30 per year from about 2008 through 2011 and increased to 44 to 47 beginning in 2012. In the above table, the outlier was 2016, where there was a significant increase in homicides to 62 recorded cases. Of note is the 2015 number which reflects the 14 people who were murdered in the single mass shooting/terrorism case at the Inland Regional Center (IRC). Notwithstanding the IRC incident and a small number of domestic cases, a vast majority of the City's homicides are connected to drug, gang, and prostitution activity. Investigators note that a very high number of known offenders have extensive criminal histories, are often on parole, probation, or out of jail as a result of AB109, Prop 47, and other state policies. This raises the point that a more effective criminal justice system and policies that effectively manager offenders would significantly impact violent crime activity in the City of San Bernardino. Rape: This category of UCR reporting has increased significantly in recent years. When analyzing the data, there are two primary factors that we believe have led to the increase. The first was a change in the definition of this category that includes crimes that had not previously been reported. The second is the increase in sexual assault discussions that have been at the forefront of public dialog in recent years. Increased awareness has led to an increase in sexual assault encounters that previously may have gone unreported. Investigators report that a vast majority of sexual assaults fall into three categories: some are determined to be related to prostitution activity after extensive investigation, some are assaults where the victim knows the offender (i.e., `Date Rape'), and many are cases involve family members (i.e., child abuse). Cases involving a report of a person being sexually assaulted by a stranger are rare. Arrest Data The following graph shows the number of arrests separated by felonies and misdemeanors over the last ten years, from 2008 to 2017. The graph also depicts the number of felony and misdemeanor arrests separated by adults and juveniles. More than 7,000 adults were arrested in 2017, which reflects an increase over prior arrests. 6000 5000 4000 3000 2000 1000 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 M Adult Fel Juv Fel Adult Misd Juv Misd Traffic Citation Data The San Bernardino Police Department continues to proactively enforce various state traffic laws. The following chart reflects citation activity from 2008 through 2017: 2008 30452 2009 26297 2010 19429 2011 13969 2012 12723 2013 10222 2014 9107 2015 14784 2016 7826 2017 8969 Calls for Service and Response Times The following table provides the average response times for calls for service separated by the priority from 2008 through 2017. Priority E calls are `immediate' life safety calls, P1 involve serious threats and felony crimes in progress, P2 are potentially serious and, misdemeanor crimes in progress, P3 are hazardous conditions but not an immediate safety concern, P4 are property crimes not in progress (general guidelines). The table below shows the total number of calls in each priority category. The number of officers noted each year on the chart above and the chart below reflect the actual staffing as of July 1 of each year. • •42126 2008 4.19 I0.69 29.39 50.06 57.54 324 2009 4.33 11.31 24.81 45.14 41.47 316 2010 4.85 13.25 29.48 54.74 58.7 321 2011 4.93 13.05 26.82 45.37 45.69 302 2012 6.65 20.93 50.23 85.34 101.69 286 2013 7.18 23.8 70.19 122.45 158.08 251 2014 6.71 20.52 60.23 60.23 129.81 234 2015 8.44 36.13 113.55 159.02 208.06 229 2016 8.74 37.32 112.85 155.42 184.47 229 2017 8.56 40.15 114.24 150.97 169.64 228 The table below shows the total number of calls in each priority category. The number of officers noted each year on the chart above and the chart below reflect the actual staffing as of July 1 of each year. The highest sworn staffing level authorized for the Police Department occurred in FY 2008/09 where authorized staffing reached 356 officers. Response times during that period were at their lowest and the reduction in staff contributed to the increase in response times. The year the Department dropped below 300 officers (2011 to 2012) resulted in the steepest rise in response times. Total calls for service fell during the period represented on the tables above. The drop in overall CFS's is not believed to be indicative of fewer calls; rather it may be indicative of the Department not responding to certain lower level calls as a result of the staffing limitations and the need to prioritize responses. The number of higher priority calls rose significantly during this period. Over the past year, the City and Police Department have made significant progress in increasing the sworn staffing. Excluding officers in training and at the academy, there are approximately 235 sworn officers working plus an additional 15 officers in various phases of training for a total sworn staffing of 250. Response times from January 1, 2018 through April 23, 2018, are generally decreasing as reflected below: • •42126 2008 2234 17168 27193 55-1 94275 324 2009 1937 16449 40217 25891 6165 90659 316 2010 1782 16899 45542 25716 4987 94926 321 2011 1643 16552 43920 25895 4694 92704 302 2012 2447 20192 41935 24952 4296 93822 286 2013 2516 21988 39338 19915 3631 87388 251 2014 2265 21135 39042 20028 4033 86503 234 2015 2532 22732 36852 17101 3925 83142 229 2016 2548 24084 36741 15003 3858 82234 229 2017 2809 26175 37693 13300 4082 84059 228 The highest sworn staffing level authorized for the Police Department occurred in FY 2008/09 where authorized staffing reached 356 officers. Response times during that period were at their lowest and the reduction in staff contributed to the increase in response times. The year the Department dropped below 300 officers (2011 to 2012) resulted in the steepest rise in response times. Total calls for service fell during the period represented on the tables above. The drop in overall CFS's is not believed to be indicative of fewer calls; rather it may be indicative of the Department not responding to certain lower level calls as a result of the staffing limitations and the need to prioritize responses. The number of higher priority calls rose significantly during this period. Over the past year, the City and Police Department have made significant progress in increasing the sworn staffing. Excluding officers in training and at the academy, there are approximately 235 sworn officers working plus an additional 15 officers in various phases of training for a total sworn staffing of 250. Response times from January 1, 2018 through April 23, 2018, are generally decreasing as reflected below: PE P1 P2 P3 P4 7.76 38 106 151 183 As we continue to add sworn police officers in accordance with the Policing Plan created for the Bankruptcy Court and adopted by the City, we anticipate the City will continue to see response times reduced. Staffinq Levels tApril 2018' Current Sworn Staffing: Authorized 261 — Actual 250 (includes officers at the academy and in training). Current Civilian Staffing: Authorized 177 — Actual 145 Part -Time Staffing: Authorized 55 — Actual 28 Historical Authorized Sworn Staffing — Highlights: 2008 356 Officers (highest number) 2015 248 Officers (Lowest number in 20 years) 2017 261 Officers (Includes the positions added to the Department under a DOJ COPS Hiring Grant) In late 2015, actual staffing levels for sworn officers fell to a low of about 210 officers (closer to 200 when accounting for injuries). The priority has been to rebuild the sworn ranks. Significant progress has been made in recent years in bringing that number to near full authorized strength; this also accounts for natural attrition that occurs (retirements, etc.). As we approach full authorized staffing at the sworn ranks, we will shift hiring priorities to the civilian vacancies within the Police Department. Summary This is a snapshot of various metrics tracked within the Police Department. Behind all of these metrics are discussions that could go into much greater detail as to the nuisances and causes of crime. Improvements within a community are not just crime related as economic development, education, housing, and many other factors contribute to that discussion. Additionally, a stronger and more effective criminal justice system after police contact can be incredibly important in reducing and preventing crime. 2018-2019 Goals and Obiectives The Crime Analysis staff report aligns with Goal No. 2: Provide for the Safety of City Residents and Businesses, as this goal directly correlates with the Department's goal of providing for the safety of our citizens and businesses; Goal No. 3: Create. Maintain and Grow Jobs and Economic Value in the City, as crime and public safety is directly related to our ability to attract economic development to the City; and, Goal No. 5: Im ro�v_e City_ Government Operations, as our ability and capacity to respond to calls for service and manage workloads is directly related to providing service in the most efficient manner. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino discuss, review, and file the Crime Analysis report. Ward: All Synopsis of Previous Council Actions: N/A