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Home My WebLink About10-03-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 290 North D Street Virginia Marquez San Bernardino, CA 92401 Benito 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, OCTOBER 3, 2018 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 4:01 PM, Wednesday, October 3, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. 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 Present 4:00 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Present 4:00 PM 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 John Paul Maier Chief Deputy City Clerk Present 4:00 PM Sonia Carvalho Senior Assistant 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 10/3/2018 Joint Regular Meeting Minutes October 3, 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 People v. Kush Concepts Collective, et al., San Bernardino Superior Court Case No. Case No. CIVDS 1516185 Jonita Moore, v. Mitch Assumma, et al. San Bernardino Superior Court Case No. CIVSD 1810378 INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Tracy Johnson of Immanuel Baptist Church. The th Pledge of Allegiance was led by Sofia Barajas, a 6 grade student at Rio Vista Elementary School. CLOSED SESSION REPORT City Attorney Gary Saenz had nothing to report. APPOINTMENTS 1. Planning Commission Approved Motion: Appoint Anthony Ruiz, Jr. to the Planning Commission. RESULT: ADOPTED \[7-0\] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None PRESENTATIONS 2. Youth Recognition – 2018-2019 Miss Cardinal Court – Mayor R. Carey Davis and Council Members Virginia Marquez and Benito Barrios • Jhunelyn Parafina, Miss Cardinal • Sarah Garcia, 1st Runner Up • Miranda Maestas, 2nd Runner Up • Rosa Santana, Ambassador Mayor and City Council of the City of San Bernardino Page 2 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 3. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens, board member for the Chamber of Commerce, announced the Chamber’s activities for the next two weeks. Wendy Williams, Omni Trans, announced the Chalk Art-Walk event on Saturday, October 20, 2018 located at San Bernardino Avenue and “E” Street from 9:00 a.m.-12:00 p.m. Public Comments for Items Listed and Not Listed on the Agenda Karmel Roe, San Bernardino, expressed concerns about the quality of life in the City, spoke about Item 16 and shared her concerns regarding the outcome for the current director of the Housing Department, and urged the Council to rethink their decision for the Director position. Robert Porter, San Bernardino, spoke about his actions that lead to a positive direction, mentioned changing the name of Columbus Day to Indigenous People Day, urged the Council to use Native American names for city streets, spoke about the historical areas in the City, and displayed a coloring book that San Manuel provides to children as an example of Native American History. Claudia Wiggins, spoke about her concerns regarding City enforcement at 1329 H Street, complained about the transients and homeless people that destroy the clinic’s property, including a break-in of an employee’s car. Ms. Wiggins asked for help for enforcement and also said that graffiti has been an issue at the building. Luis Ojeda, We are The Change, expressed gratitude to Council Members Marquez, Valdivia, Gil Botello, and community member Ted Sanchez for their assistance in cleaning up the City, shared that the group of volunteers cleans up trash and paints over graffiti, and asked the City Manager and elected officials when can they help with accountability, citizen patrol, and do clean-up in the City. He urged the City consider his pilot program for assisting in the issues with the City. Spencer Johnson, San Bernardino, expressed concerns with the traffic at the intersection of Date Street and Sterling Avenue and requested a four-way left and right signal turn for vehicles for a safer crossing. Lisa Hayes, Rolling Start, spoke about the organization and how it is an independent living assistance center whose mission is to assist people with disabilities, serve veterans, people with disabilities and the elderly, asked for people who are interested in helping the organization, including in the fields of fund raising, legal, and human th resources. Ms. Hayes announced that the Board meets every 4 Wednesday of the month. Jim Smith, San Bernardino, spoke about the leadership of the City that has taken the City out of bankruptcy, mentioned that there are struggles in the City, however the City is headed in a good direction, and complimented the professionalism of Best Best & Krieger Attorneys at Law. Barbara Babcock, expressed excitement about making differences in the City and reiterated announcements previously mentioned by Ms. Williams, praised the City and th Public Works Director Trish Rhay, for the improvement on her street at Golden and 26, and announced that there is a Mayoral debate between Valdivia and Davis at Ecclesia Church on October 4, 2018 at 6 p.m. Mayor and City Council of the City of San Bernardino Page 3 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 Consent Calendar Council Member Valdivia pulled Item 7 and Council Member Barrios pulled Item 16 for further consideration. The rest of the items were voted on with a single motion. Council Member Shorett later noted to amend his motion to pass the Consent Calendar items with the exception of a no vote for Item 12. Council Member Shorett clarified that his no vote remains consistent with his previous vote at the first reading at the last City Council meeting. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated October 3, 2018. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for September 2018. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 6. Authorize a Contract Amendment and Issue of a Purchase Order to Tyler Technologies, Inc., for an Enterprise CAD Software Upgrade in an Amount Not to Exceed $268,132 Approved Mayor and City Council of the City of San Bernardino Page 4 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 Motion: Authorize the City Manager or her designee to execute a contract amendment and issue a Purchase Order for an Enterprise CAD Software upgrade with Tyler Technologies in an amount not to exceed $268,132. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 7. Authorize Acceptance of Office of Traffic Safety Grant Approved Motion: Adopt the resolution. Reso. 2018-272 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute, accept, and administer the FY 2018/19 State of California Office of Traffic Safety Grant Number PT19106 in the amount of $458,000. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 8. Authorization to Purchase 85 Lenovo Workstations in an Amount Not to Exceed $77,473 Approved Motion: Authorize the City Manager or her designee to execute documents for the purchase of 85 Lenovo workstations from Connection in an amount not to exceed $77,473. Mayor and City Council of the City of San Bernardino Page 5 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 RESULT: ADOPTED \[7-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 9. City of San Bernardino Boards, Commissions, and Citizen Advisory Committees – Establishing Universal Bylaws and Regular Meeting Dates, Times, and Locations Approved Motion: Adopt the resolutions. Reso. 2018-275 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting bylaws for the City's Boards, Commissions, and Citizen Advisory Committees and repealing Resolution No. 2018-195 establishing separate bylaws for the Animal Control Commission, Library Board, Planning Commission, and Public Safety and Human Relations Commission; and Reso. 2018-276 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting regular meeting dates, times, and locations for City Boards, Commissions, and Citizen Advisory Committees. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 10. Final Reading - Ordinance MC-1506 Authorizing the Levy of Special Taxes on Property within Community Facilities District 2018-1 (Safety Services) of the City of San Bernardino Approved Motion: Adopt the ordinance. MC-1506 Ordinance of the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the legislative body of Community Facilities District No. Mayor and City Council of the City of San Bernardino Page 6 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 2018-1 of the City of San Bernardino (Safety Services) authorizing the levy of special taxes. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 11. Final Reading - Ordinance MC-1507 Authorizing the Levy of Special Taxes on Property within Community Facilities District 2018-2 (Verdemont Ranch) of the City of San Bernardino Approved Motion: Adopt the ordinance. MC-1507 Ordinance of the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the legislative body of Community Facilities District No. 2018-2 of the City of San Bernardino authorizing the levy of special taxes. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 12. Final Reading - Ordinance No. MC-1504 Establishing Compensation and Benefits for City-Elected Officials Approved Motion: Adopt the ordinance. MC-1504 Ordinance of the Mayor and City Council of the City of San Bernardino, California, establishing compensation and benefits for the City-elected officials. Mayor and City Council of the City of San Bernardino Page 7 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 RESULT: ADOPTED \[6-1\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard NOES: Shorett ABSENT: None 13. Final Reading – Ordinance MC-1505 – Development Code Amendment/Zoning Map Amendment 16-07 - Waterman & Weir Approved Motion: Adopt the ordinance. MC-1505 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 16-07 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium High (RMH) on four (4) parcels (APNS: 0141-352-10, 11, 12 and 13) containing a total of approximately 2.25 acres, pursuant to a Mitigated Negative Declaration. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 14. Authorizing CMFA Joint Powers Authority as a City of San Bernardino Provider under the Property Assessed Clean Energy (PACE) Program Approved Motion: Adopt the resolution. Reso. 2018-277 Resolution of the Mayor and City Council of the City of San Bernardino, California, consenting to the inclusion of properties within the territory of the City in the California Municipal Finance Authority (CMFA) Open PACE Programs; authorizing CMFA to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City; and authorizing related actions. Mayor and City Council of the City of San Bernardino Page 8 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 15. Records Retention, Destruction, and Storage Approved Motion: Adopt the resolution; and Authorize the City Manager to execute a Professional Services Agreement with Laguna Vault, LLC doing business as Docu-TRUST for document storage, records management, and digitization services. Reso. 2018-278 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting a Records Retention and Destruction Policy and repealing Resolution No. 2014-246. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, and Richard ABSENT: None 16. Director of Community and Economic Development (U) Classification and Job Description Approved Motion: Adopt the resolution. Reso. 2018-280 Resolution of the Mayor and City Council of the City of San Bernardino, California, deleting existing classifications of Director of Community Development (U) and Director of Economic and Housing Development (U) and approving the classification and job description for the Director of Community and Economic Development (U). Mayor and City Council of the City of San Bernardino Page 9 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 RESULT: ADOPTED \[6-1\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Shorett, Nickel, Richard, and Mulvihill NOES: Barrios ABSENT: None STAFF REPORT 17. League of California Cities Annual Conference and Expo 2018 – September 12-14, 2018 The Council received reports on the Conference from Mayor Davis and Council Members Barrios, Valdivia, Shorett, and Richard. No vote was taken on this item. PUBLIC HEARING 18. Development Permit Type-P 18-01 Approved Motion: Continue to October 17, 2018 the consideration of the adoption of Resolution No. 2018-261 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-P 18- 01 to allow the conversion of an existing two-story commercial office building containing approximately 11,305 square feet into a residential apartment complex comprised of fifteen (15) dwelling units on a parcel containing approximately 0.52 acres located at 1600 N. Arrowhead Avenue (APN: 0145-132-27) within the Commercial Office (CO) Zone and Adaptive Reuse (AR) Overlay; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act to a date to be determined. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Richard, and Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 10 Printed 10/4/2018 Joint Regular Meeting Minutes October 3, 2018 23. ADJOURNMENT The meeting adjourned in memory of Jade Maldonado and Robert Langston at 7:38 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 is scheduled for 4:00 p.m., Wednesday, October 17, 2018, in the Council Chamber at 201 N. “E” Street, San Bernardino, California. By: John Paul Maier, CMC Chief Deputy City Clerk Mayor and City Council of the City of San Bernardino Page 11 Printed 10/4/2018