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Home My WebLink About05-02-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 201NorthE Street Virginia Marquez San Bernardino, CA 92401 Benito J. Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard JamesMulvihill 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 C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OINT P OWERS F INANCING THE A UTHORITY WEDNESDAY, MAY 2, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Councilof the City of San Bernardino was called to order by Mayor R. Carey Davisat 4:00PM,Wednesday, May 2, 2018, in the Council Chamber,201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee NameTitleStatusArrived Virginia MarquezCouncil Member, Ward 1Present4:00 PM Benito J. BarriosCouncil Member, Ward 2Present4:00 PM John ValdiviaCouncil Member, Ward 3Late4:11 PM Fred ShorettCouncil Member, Ward 4Present4:00 PM Henry NickelCouncil Member, Ward 5Present4:00 PM Bessine L. RichardCouncil Member, Ward 6Present4:00 PM James MulvihillCouncil Member, Ward 7Present4:00 PM R. Carey DavisMayorPresent4:00 PM Georgeann "Gigi" HannaCity ClerkPresent4:00 PM Gary D. SaenzCity AttorneyAbsent4:00 PM Andrea M. MillerCity ManagerPresent4:00 PM Mayor and City Council of the City of San BernardinoPage 1Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 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 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 Kathrine Redmon v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1809053 Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1712424 Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 People of the State of California, et al., v. MJ, Inc., et al., San Bernardino County Superior Court Case No. CIVDS1516186 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 INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by San Bernardino Police Department Chaplain Russel Fritz. th The Pledge of Allegiance was led by Wayne Anderson, a 4grade student at Captain Leland F. Norton Elementary School. CLOSED SESSION REPORT Assistant City Attorney Jolena Grider announced that in the matters of: Bubba Likes Tortillas, LLC v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1806921; Mayor and City Council of the City of San BernardinoPage 2Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 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; Kathrine Redmon v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1809053; Karmel Roe v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1712424; and Quiang Ye, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS1704276 The City Council approved an increase in attorney fees by $50,000 by a vote of 6-0, with Council Member Valdivia abstaining. Inthe matters of: People of the State of California, et al., v. MJ, Inc., et al., San Bernardino County Superior Court Case No. CIVDS1516186 The City Council gave negotiation settlement directivebya vote of 7-0. 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 The City Council gave negotiation directive by consensus. APPOINTMENTS 1.Elected Official Compensation Commission Appointments Approved Motion:Approve the appointments of Rosina Motta, James Hall, Peggi Hazlett, Michael Tacchia, Thomas J. Pierce, and Cynthia A. Ludvigsen to the Elected Official Compensation Commission. 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 Presentations 2.Student of the Month –Hazael Perez Carellos –Council Member Benito BarriosThis item will be taken next month. Mayor and City Council of the City of San BernardinoPage 3Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 3.Citizen of the Month –Art Davis –Council Member John Valdivia Council Member Valdivia presented a certificate to Art Davis for his work in the community. Mr. Davis also received certificates from the offices of Mike Morell and Assemblywoman Eloise Reyes. 4.Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave the announcements of upcoming Chamber of Commerce nd events, including the 42 annual Law Enforcement Recognition Dinner to be st held on May 31at the Scottish Rite Temple.Darrell Frye, representative of Assemblywoman Reyes’ office announced that the Assemblywoman would be th hosting a mental health conference May 19at the SAC Health Clinic. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Laurren Kennedy, San Bernardino, spoke about the third party processor that the city uses to handle claims denying two of his claims for damage from potholes to two different cars because he had not reported the pothole existed prior to hitting them. Ravena Yanovsky, San Bernardino, spoke about what she called an unacceptable closure of cannabis facilities that prevents her access to needed medication. Brandon Cartersaid he represents youth in San Bernardino and said there are no prominent attractive businesses in the City because the City makes itdifficult to open a business. He asked for the opportunity to help develop the community. th James Tillman, San Bernardino, announced a block party on May11at San BernardinoValley College. Robert Porter, San Bernardino, questioned the process for selecting the auto vendor in Item 11 and announced that he releasedhis new book about the legend of the Arrowhead. CONSENT CALENDAR Council Member Nickel pulled Items 10 and 12 for further discussion. The remaining items were voted on in a single vote. 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 5.Waive Full Reading of Resolutions and Ordinances Approved Motion:Waive full reading of resolutions and ordinances on the agenda dated May 2, 2018. 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 Mayor and City Council of the City of San BernardinoPage 4Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 6.City Council Approval of Commercial and Payroll Checks Approved Motion:Approvethe commercial and payroll checks for April 2018. 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 7.City Council Approval of Draft Minutes Approved Motion:Approve the minutes of the Mayor and City Council Special Meeting of March 5, 2018 and Regular Meetings of March 7, 2018, April 4, 2018, and April 18, 2018. 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 8.Joint Use Agreement with San Bernardino Valley Municipal Water District for the Foothill Pipeline Relocation Approved Motion:Adopt the resolution. Reso. 2018-120Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Joint Use Agreement with the San Bernardino Valley Municipal Water District for the relocation of the Foothill Pipeline. 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 9.Approving the Destruction of Certain Obsolete Liability Claims by the Human Resources Department Approved Motion:Adopt the resolution. Reso. 2018-121Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain obsolete liability claims by the Human Resources Department. Mayor and City Council of the City of San BernardinoPage 5Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 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 10.Center for Employment Opportunities Agreement Approved Motion:Adopt the resolution. Reso. 2018-122Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing an Agreement with Center for Employment Opportunities for the execution of Citywide landscape maintenance services. 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 11.Issuance of a Purchase Order to National Auto Fleet Group for Ford Super Duty F-250 Trucks Speaker Robert Porter Approved Motion:Adopt the resolution. Reso. 2018-123Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a Purchase Order to National Auto Fleet Group for the purchase of six (6) 2019 Ford Super Duty F250-SRW (F2A) XL 2WDD regular cab vehicles with Harbor 8" TradeMaster Service Body and Over Cab Ladder Rack in the amount of $229,542. 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 12.Joint Use Agreement with Southern California Edison for Waterman Industrial Center South of Dumas Street Approved Motion:Adopt the resolution. Mayor and City Council of the City of San BernardinoPage 6Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 Reso. 2018-124Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Joint Use Agreement with the Southern California Edison Company for the relocation of Company facilities in connection with Development Permit Type-D 15-11. RESULT:ADOPTED \[UNANIMOUS\] MOVER:John Valdivia, Council Member, Ward 3 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13.Final Reading–Development Code 18-01 Veterinary Services Approved Motion:Accept for final reading and adopt the ordinance. MC-1492Ordinance of the Mayor and City Council of the City of San Bernardino, California, adopting the Categorical Exemption, and approvingDevelopment 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. 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 14.First Amendment to the Agreement with the State of California, Office of Administrative Hearings for Hearing Officer Services Approved Motion:Adopt the resolution. Reso. 2018-125Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a First Amendment to the Agreement with the State of California, Department of General Services, Office of Administrative Hearings to increase the total amount by $147,710 and authorizing the Director of Finance to increase the Purchase Order for a total amount not to exceed$195,710. Mayor and City Council of the City of San BernardinoPage 7Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 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 15.Continue Report on Verdemont Community Center Approved Motion:Continue the Verdemont Community Center report to May 16, 2018. 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 STAFF REPORTS 16.Audited Financial Statements for Fiscal Year 2017 This was a receive and fileitem.No vote was taken. 17.Fire Annexation 2016/17 Financial Update and Approval of Renegotiated Vehicle License Fee Swap Agreement Approved Motion:Adopt the resolution. Reso. 2018-126Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 1 to the Vehicle License Fee (VLF) Swap Agreement with the County of San Bernardino. RESULT:ADOPTED \[UNANIMOUS\] MOVER:Henry Nickel, Council Member, Ward 5 SECONDER:Virginia Marquez, Council Member, Ward 1 AYES:Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18.Police Department Crime Analysis Response Times and Department Calls for Service This was a receive and file item. No vote was taken. Council Member Valdivia left the meeting at 8:15p.m. Mayor and City Council of the City of San BernardinoPage 8Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 PUBLIC HEARINGS 19.Development Code Amendment (Zoning Map Amendment) 17-08, Subdivision 17-06 (Tentative Parcel Map 19914) and Development Permit Type-D 17-03 Items 19 and 20 were taken together and voted on in a single vote. Approved Motion:Introduce MC-1493, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-08 to change the Zoning District Classification of nine (9) parcels containing a total of approximately 4.85 acres of Office Industrial Park (OIP) to Industrial Light (IL); Schedule the final reading of MC-1493 forMay 16, 2018; and Adopt the resolution. Reso. 2018-127Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17- 06 (Tentative Parcel Map 19914) to consolidate twenty (2 0) parcels into one (1) parcel containing a total of approximately 8.94 acres and Development Permit Type-D 17-03 for the construction of a warehouse building containing approximately 197,710 squarefeet. RESULT:ADOPTED \[UNANIMOUS\] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Benito Barrios, Council Member, Ward 2 AYES:Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT:Valdivia 20.Development Code Amendment (Zoning Map Amendment) 17-03, Subdivision 17-07 (Tentative Parcel Map 19916) and Development Permit Type-D 17-02 Speaker Thomas Ruiz Mayor and City Council of the City of San BernardinoPage 9Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 Approved Motion:Introduce MC-1494, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-03 to change the Zoning District Classification of eleven (11) parcels containing a total of approximately 8.18 acres from Office Industrial Park (OIP) to Industrial Light (IL); Schedule the final reading of MC-1494forMay 16, 2018; and Adopt the resolution. Reso. 2018-127Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Subdivision 17- 07 (Tentative Parcel Map 19916) to consolidate twenty-four (24) parcels into one (1) parcel containing a total of approximately 16.59 acres and Development Permit Type-D 17-02 for the construction of a warehouse building containing approximately 393,199 square feet. RESULT:ADOPTED \[UNANIMOUS\] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Benito Barrios, Council Member, Ward 2 AYES:Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT:Valdivia Quasi-Judicial Hearings 21.Appeal 18-01 of Conditional Use Permit 17-22–Drive-Thru Restaurant - 2855 N. Waterman Avenue Council Members Marquez and Shorett, and Mayor Davis announced prior to the hearing that they had discussed thisissue with the appellant, Council Member Mulvihill. Council Member Mulvihill left the dais prior to consideration of the matter. The City Clerk swore in those members of the audience who were there to testify on the matter. Speakers James Mulvihill, appellant James Penman, representing applicant John DeFrenza, applicant Giancarlo Ganddini, applicant’s consultant Margaret Cisneros Sandy Parada Mayor and City Council of the City of San BernardinoPage 10Printed 5/2/2018 Joint Regular Meeting MinutesMay 2, 2018 Approved Motion:Deny the appeal andadopt the resolution. Reso. 2018-129Resolution of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 18-01, thereby upholding the Planning Commission's adoption of the Categorical Exemption and approval of Conditional Use Permit 17-22 for the construction of a restaurant with drive-thru and a multi-tenant retail building on a parcel containing approximately 0.67 acres located at 2855 N. Waterman Avenue. RESULT:ADOPTED \[4-1\] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Benito Barrios, Council Member, Ward 2 AYES:Barrios, Shorett, Nickel, Richard NOES:Marquez ABSENT:Valdivia ABSTAIN:Mulvihill 22.Appeal of Denial of Tow Carrier—Pepe’s Towing Approved Motion:Continue to May 16, 2018. RESULT:ADOPTED \[5-0\] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Henry Nickel, Council Member, Ward 5 AYES:Marquez, Barrios, Shorett, Nickel, Richard ABSENT:Valdivia 23. ADJOURNMENT The meeting adjourned at 10:42p.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, May 16, 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 Mayor and City Council of the City of San BernardinoPage 11Printed 5/2/2018