HomeMy WebLinkAbout04-18- 2018 MCC Minutes
City of San Bernardino
Mayor R. Carey Davis
Council Members
290North E Street
Virginia Marquez
San Bernardino, CA 92401
Benito J. Barrios
http://www.sbcity.org
John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
MINUTES
F OR THE
J OINT R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING
A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND THE M AYOR AND C ITY C OUNCIL OF
THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OINT P OWERS F INANCING
A UTHORITY
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 Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 4:00 PM
Benito J. Barrios Council 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, Ward 5 Absent ------------
Bessine L. Richard Council Member, Ward 6 Present 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 PM
Gary D. Saenz City Attorney Present 4:00 PM
Andrea Miller City Manager 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
th
Pledge of Allegiance was led by sisters Shannon and Rachel Henkel, 6 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.
3. Issuance of Proclamation(s) - Mayor R. Carey Davis
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
th
Assemblywoman Reyes’ office made announcements about events in the 47
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 4/23/2018
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 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
8. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for March 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
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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: Adopt the resolution.
Reso. 2018-107 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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
12. Agreement with KOA Corporation for Engineering Design Services
Approved
Motion: Adopt the resolution.
Reso. 2018-108 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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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: Adopt the resolution.
Reso. 2018-112 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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
17. Amendment Number Two to the Agreement with R.T. Desai & Associates
for Accounting Consultant Services
Approved
Motion: Adopt the resolution.
Reso. 2018-113 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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
18. Amendment Number One to Agreement with Moore Iacofano 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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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 \[6 TO 0\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill
ABSENT: Henry Nickel
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.
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Joint Regular Meeting Minutes April 18, 2018
RESULT: ADOPTED \[6 TO 0\]
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.
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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.
By: __________________________
Georgeann “Gigi” Hanna, CMC
City Clerk
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