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Home My WebLink About02-21-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 201 North "E" Street Virginia Marquez San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, FEBRUARY 21, 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 4:03 PM, Wednesday, February 21, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:03 PM Benito J. Barrios Council Member, Ward 2 Present 4:03 PM John Valdivia Council Member, Ward 3 Present 4:03 PM Fred Shorett Council Member, Ward 4 Absent ------------ Henry Nickel Council Member, Ward 5 Present 4:03 PM Bessine L. Richard Council Member, Ward 6 Present 4:03 PM James Mulvihill Council Member, Ward 7 Present 4:03 PM R. Carey Davis Mayor Present 4:03 PM Georgeann "Gigi" Hanna City Clerk Present 4:03 PM Gary D. Saenz City Attorney Present 4:03 PM Andrea Miller City Manager Present 4:03 PM Closed Session Pursuant to Government Code Sections(s): A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): Mayor and City Council of the City of San Bernardino Page 1 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ Ortiz, et al. v. City of San Bernardino & Dominick Martinez, U.S. District Court Case No. 5:16−CV−02291 JGB (KKX) Joaquin, Francisco Sanchez v. City of San Bernardino, U.S. District Court Case No. CV10-7138 CAS and San Bernardino County Superior Court Case No. CIVDS 1007543 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1704276 Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1702131 Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS 1712424 MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1802539 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): One (1) Item C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property: 295 Carousel Mall City negotiator: Andrea Miller, City Manager Negotiating parties: To be determined Under negotiation: Price, terms of payment Property: E. Cooley Avenue (APN Nos. 0281-031-51 & 0281-041-41) City Negotiator: Andrea Miller, City Manager Negotiating Parties: City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino; Tim Howard, HIP SoCal Properties LLC, a California Limited Liability Company Under negotiation: Price, terms of payment th Property: 207 & 207-1/2 E. 10 Street (APN No. 0140-171-16) Mayor and City Council of the City of San Bernardino Page 2 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 City Negotiator: Andrea Miller, City Manager Negotiating Parties: City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino; Mario Espino, Brother’s Home Trading Corporation; Orlando Huizar, Raziuh Investments Corporation Under Negotiation: Price, terms of payment Property: 693 W. Evans Street (APN No. 0145-171-11) City Negotiator: Andrea Miller, City Manager Negotiating Parties: City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino; Mario Espino, Brother’s Home Trading Corporation; Orlando Huizar, Raziuh Investments Corporation Under Negotiation: Price, terms of payment Property: 1348 Union Street (APN No. 0139-231-34) City Negotiator: Andrea Miller, City Manager Negotiating Party: City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino; City of San Bernardino as Successor Housing Agency Under Negotiation: Price, terms of payment INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Council Member John Valdivia and the Pledge was led by Daniel Bibiano, a fifth grade student from Mt. Vernon Elementary School. CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session:  In re: Ortiz, et al. v. City of San Bernardino & Dominick Martinez, U.S. District Court Case No. 5:16−CV−02291 JGB (KKX), the council gave settlement directive by a vote of 6-0, with Shorett absent.  In re: Joaquin, Francisco Sanchez v. City of San Bernardino, U.S. District Court Case No. CV10-7138 CAS and San Bernardino County Superior Court Case No. CIVDS 1007543, the council gave settlement directive by a vote of 6-0, with Shorett absent.  In re: Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1704276; Mayor and City Council of the City of San Bernardino Page 3 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1702131 Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS 1712424 MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1802539 Council received a status report on the matters but took no action.  In re: One (1) Item - Anticipation of litigation – Pursuant to Government Code Section 54956.9(d)(4), the council gave settlement negotiation directive by a vote of 6-0, with council member Shorett absent.  In re: Conference with Real Property Negotiators -- Pursuant to Government Code Section 54956.8: Property: 295 Carousel Mall Under negotiation: Price, terms of payment Property: E. Cooley Avenue (APN Nos. 0281-031-51 & 0281-041-41) Under negotiation: Price, terms of payment th Property: 207 & 207-1/2 E. 10 Street (APN No. 0140-171-16) Under Negotiation: Price, terms of payment Property: 693 W. Evans Street (APN No. 0145-171-11) Under Negotiation: Price, terms of payment Property: 1348 Union Street (APN No. 0139-231-34) Under Negotiation: Price, terms of payment The Council gave negotiation directive which will be reported when the agreements become final. APPOINTMENT 1. Planning Commission Appointment of Edward G. Woolbert – Council Member Jim Mulvihill Approved Motion: Appoint Mr. Edward G. Woolbert to the Planning Commission. Mayor and City Council of the City of San Bernardino Page 4 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett PRESENTATIONS 2. In honor of Black History Month – Special Presentation for the First African American Officer Johnnie Epps Received by his widow Mrs. Maria Epps – Mayor R. Carey Davis & SBPD Mayor Davis and Chief Burguan honored Maria Epps for her husband’s service as the city’s first African American police officer. Epps died in December 1950. In honor of Black History Month the SBPD has added a plaque to the police department’s museum and Mayor Davis provided a proclamation to the family. Representatives from the offices of Senator Mike Morrell and Assemblyman Marc Steinorth also provided proclamations honoring Epps contributions to the city. Student of the Month – Tina Bui, San Gorgonio High School – Council Member Jim Mulvihill Council member Mulvihill presented a proclamation to Ms. Bui, who has a 4.9 grade point average honoring her as student of the month. She was also honored by representatives from the offices of Senator Mike Morrell and Assemblyman Marc Steinorth. 3. Citizen of the Month – Heather Stevning – Council Member Virginia Marquez Council member Marquez honored Heather Stevning, executive director of Option House, as citizen of the month. She was also honored by representatives from the offices of Senator Mike Morrell and Assemblyman Marc Steinorth. 4. Chamber of Commerce & Local Elected Officials Announcements Gabriela Rubio of the National Orange Show gave the announcements from the San Bernardino Area Chamber of Commerce. Consent Calendar 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated February 21, 2018. Mayor and City Council of the City of San Bernardino Page 5 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 7. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for January 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 8. Infill Housing Program Agreement with Housing Partners I, Inc. Approved Motion: Adopt the resolution. Reso 2018-51 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a HOME Investment Partnerships Program (HOME) Grant Agreement with Housing Partners I, (HPI) Inc. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 9. Charter Implementation – Final Reading- Changes to the Boards, Commissions, and Citizen Advisory Committees Part II Speakers Shirley Harlan Jim Smith Roxanne Williams Approved Motion: Adopt the ordinances. MC-1458 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.18, Chapter 2.30, and Chapter 2.49 of the San Bernardino Municipal Mayor and City Council of the City of San Bernardino Page 6 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 Code related to the Parks, Recreation, and Community Services Department and Commission, the Fine Arts Commission, and the Senior Affairs Commission. MC-1459 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing San Bernardino Municipal Code Chapter 2.31 regarding the Relocation Appeals Board; repealing San Bernardino Municipal Code Chapter 2.40 regarding the Community Development Commission; and repealing San Bernardino Municipal Code Chapter 2.46 regarding the Disaster Council. MC-1460 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.23 of the San Bernardino Municipal Code related to the “Historical Preservation Commission.” MC-1463 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Title 2 of the San Bernardino Municipal Code, adding Chapter 2.19 establishing an Elected Official Compensation Advisory Commission. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 10. Violence Intervention and Prevention Grant Program Funds Approved Motion: Adopt the resolution. Reso. 2018-39* Resolution of the Mayor and City Council of San Bernardino, California, stating its intention to receive funds from the California Board of State and Community Corrections and authorizing the City Manager to receive and administer Grant Funds. Mayor and City Council of the City of San Bernardino Page 7 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett *Due to numbering of the resolution for this item, the City Clerk recommends that the Council direct the City Clerk to renumber the above resolution as Reso. 2018-92 at the meeting when these minutes are approved. 11. Amendment No. 2 to the Vulcan Materials Company Agreement Approved Motion: Adopt the resolution. Reso. 2018-40 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution Amendment No. 2 to the Vendor Purchase Agreement with Vulcan Materials Company for the purchase of asphalt materials for road repairs. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett Mayor and City Council of the City of San Bernardino Page 8 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 12. Recognized Obligation Payment Schedule 18-19 a & B Approved Motion: Adopt the resolution. Reso. 2018-41 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Recognized Obligation Payment Schedule 18-19 A and B and approving certain related actions. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 13. Issuance of a Purchase Order to Moss Brothers Dodge for the Purchase of Police Forensic Vehicles Approved Motion: Adopt the resolution. Reso. 2018-42 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 Moss Brothers Dodge in the amount of $51,537.50 for the purchase of two police forensic vehicles. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 14. First Amendment to Agreement with AON Risk Insurance Services for Property Insurance Broker Services Speaker Robert Porer Approved Motion: Adopt the resolution. Reso. 2018-43 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a First Amendment to the Consultant Services Agreement between Mayor and City Council of the City of San Bernardino Page 9 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 AON Risk Insurance Services West, Inc. and the City of San Bernardino. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 15. Chevron Appalachia Oil and Gas Lease Proposal Speaker Robert Porter Approved Motion: Adopt the resolution. Reso. 2018-44 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with Chevron Appalachia, LLC to lease 4.679 oil and gas mineral acres in Westmoreland County, PA, for a period of five (5) years, with the option of a single five (5) year extension. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 16. Final Reading – General Plan Amendment 14-09 and Development Code Amendment (Zoning Map Amendment) 14-18 Approved Motion: Adopt the ordinance. MC-1456 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving General Plan Amendment 14-09 and Development Code Amendment (Zoning Map Amendment) 14-18 to change the General Plan Land Use Designation from Multi-Family Residential to Industrial and Zoning District Classification from Residential Medium High (RMH) to Industrial Light (IL) of an area containing approximately 20.30 acres (APN: 1192-181-01, and 1192- 201-04). Mayor and City Council of the City of San Bernardino Page 10 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett Staff Reports 17. Charter Implementation – Changes to the Boards, Commissions, and Citizen Advisory Committees Part III Approved Motion: Introduce for first reading the following ordinances:  MC-1468, an 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, an 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, an 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 an 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, an 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, an 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, an 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.”; Mayor and City Council of the City of San Bernardino Page 11 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 and Adopt the resolutions. Reso. 2018-45 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Animal Control Commission. Reso. 2018-46 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Public Safety and Human Relations Commission. Reso. 2018-47 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Parks, Recreation and Community Services Commission. RESULT: ADOPTED \[4 TO 2\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Henry Nickel, Bessine L. Richard, James Mulvihill NAYS: Benito J. Barrios, John Valdivia ABSENT: Fred Shorett 18. Charter Implementation – Personnel System, Business Registration, Treasury Division Transfer, and Reclassifications Approved Motion: Introduce for first reading the following ordinances:  MC-1475, an 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, an 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, an 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.; and And, adopt the resolution. Reso. 2018-48 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the reclassification of full- time Business Registration and Treasury Division job classifications and employees. Mayor and City Council of the City of San Bernardino Page 12 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 19. League of California Cities Transportation, Communication & Public Works Policy Committee Meeting - January 18, 2018 The Mayor and City Council received an oral report from Council Member Nickel. No vote was taken on this item 20. 2018 Las Vegas EB-5 & Global Investment Immigration Convention - January 26 - 27, 2018 The Mayor and City Council received an oral report from Council Member Nickel. No vote was taken on this item 21. 2018 International Economic Development Council (IEDC) Leadership Summit - January 28 - 30, 2018 The Mayor and City Council received an oral report from Council Member Nickel. No vote was taken on this item 22. SCAG General Assembly Delegate and Alternate Approved Motion: Select Council Member Jim Mulvihill as delegate and Council Member Benito J. Barrios as alternate to the 2018 Southern California Association of Governments (SCAG) Regional Conference General Assembly (GA) to be held May 2-4, 2018 in Indian Wells, California. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett Public Hearings 23. U.S. Veterans Social Service Housing Facility – Appeal 17-01 For Conditional Use Permit 17-14 and Minor Exception 17-06 Mayor Davis opened the public hearing and Clerk Hanna swore in those who wished to speak on the item. Mayor and City Council of the City of San Bernardino Page 13 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 Speakers Amelia Lopez, opposed Eddie Estrada, applicant Kimberly Leonardo, support Javier Molina, support Karmel Roe, opposed Scott Olson, support Don Feliz, support Ray Osbourne, support John Matley, support Debbi Matley, support Marcus Dillard, support Christine Zepeda, support Barbara Babcock, support Approved Motion: Remand the item to the Planning Commission for reconsideration. RESULT: ADOPTED \[3-3; MAYORAL VETO\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Nickel, Richard, Mulvihill NOES: Marquez, Barrios, Valdivia ABSENT: Fred Shorett After public testimony on the matter, there was a motion to reconsider the item. RESULT: FAILED \[3-3\] MOVER: Benito Barrios, Council Member, Ward 2 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia NOES: Nickel, Richard, Mulvihill ABSENT: Fred Shorett 24. Business Registration Liens Mayor Davis opened the public hearing and Clerk Hanna swore in those who wished to speak on the item. Speaker Raymond Wheeler Approved Motion: Close the public hearing and direct the City Clerk to administratively remove any properties from the Business Registration Liens List (Exhibit A), which have been paid prior to the hearing; and adopt the Mayor and City Council of the City of San Bernardino Page 14 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 resolution. Reso. 2018-50 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 25. Appeal of Denial of Tow Carrier--Pepe’s Towing Approved Motion: By mutual agreement of the parties, continue to March 7, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 26. Adopt Development Code Amendment 18-02 Regarding Cannabis Regulations - Commercial Activity, Smoking in Public and Personal Cultivation Speakers Tige Locato, opposed Frank Montes, opposed William Ciocci, opposed Christine Roman, opposed Scott Olson, opposed Majid Seraj, opposed Ben Eilenberg, opposed Mark Estermeyer, support Karmel Roe, opposed Rory Murray, opposed Stephan Escalante, James Penman, support Eli Cortes, opposed Gem Montes, support Approved Motion: Introduce ordinances with modifications \[listed in brackets\]: Mayor and City Council of the City of San Bernardino Page 15 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018  MC-1464, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 5.10 of the San Bernardino Municipal Code related to regulation to regulation of commercial cannabis activities (Development Code Amendment 18- 02A); \[Change 5.10.110. from 36 months to 12 months; change 5.10.179 (f) from 36 months to 12 months; 5.1.090(d) add initial before “applications”; in 5,10.370(a) adding language “subject to the approval of the Mayor and City Council” and a “buffer of 600 feet”\]  MC-1465, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 8.97 to the San Bernardino Municipal Code establishing regulations for the smoking of cannabis in public places (Development Code Amendment 18-028); \[Change 8.97.070(a) to “50 feet”\]  MC-1466, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 8.99 to the San Bernardino Municipal Code establishing regulations for personal cultivation of cannabis within private residences (Development Code Amendment 18-02C). \[Add language from staff report concerning Option 2 of the staff report to 8.99.040 as subsection C and amend 8.99.040(a) defining more than 6 plants as a commercial enterprise\] RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Fred Shorett 27. Public Comments on Items Not on the Agenda Social work students from CSUSB – Group I, students discussed a survey they did regarding homeless issue wherein most residents said they were uncomfortable in the community. They announced a “Empower Homeless” event at Perris Hill park on March 4 to provide 80 hygiene bags for the homeless and asked for donations for the bags. \[Students were named: Rosi, Jenna, Angelica, Cheyenne and Patrick.\] Scott Olson, San Bernardino, said changes in the city over the over the past 10 years are disappointing and discussed the closure of commissions. William Ciocci, San Bernardino, said he was disappointed in council actions regarding cannabis. Social work students from CSUSB – Group II, students discussed a survey they did regarding Seccombe Lake park, discussed some of the issues including the state of the lake and the broken lights and said they would be having an event to Mayor and City Council of the City of San Bernardino Page 16 Printed 2/27/2018 Joint Regular Meeting Minutes February 21, 2018 clean it up on March 10. \[Students were named: Sarbjit Gill, Noni Sanchez, Sean Kruckenberg, Samadritra Chawdhury.\] Barbara Babcock, San Bernardino, spoke about the U.S. Dream Academy starting in August. Karmel Roe, San Bernardino, suggested that public comments for items not on the agenda should be placed before Public Hearings. Social work students from CSUSB – Group III, students discussed a survey and subsequent petition they circulated regarding residents’ concerns regarding the number of potholes in the streets, making the the streets hazardous and unsafe to navigate. \[Students were named: Christa, Jeanette, Wendy, Reina, Ulissa and Betsy.\] 28. Items to be Referred to City Council Committees 29. Announcements by Mayor, City Council and Executive Staff 30. Adjournment The meeting adjourned at 12:55 a.m. The next joint regular meeting of the Mayor and City Council is scheduled for 4:00 p.m., Wednesday, March 7, 2015, in the Council Chamber located at 201 North E street, San Bernardino, CA 92401. Closed Session will begin at 4 p.m. and Open Session will begin at 5 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 17 Printed 2/27/2018