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Home My WebLink About10-02-19 MCC Minutes City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 2, 2019 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00PM by Mayor John Valdivia on Wednesday, October 2, 2019, in the Council Chamber, 555 West 6Th Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:30 PM Juan Figueroa Council Member, Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Present 5:30 PM James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux City Manager Present 5:30 PM CLOSED SESSION No Closed Session Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/8/2019 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Allen Sovary, of the 16th Street Seventh Day Adventist Church gave the invocation. Lily McCord, led the Pledge of Allegiance. CLOSED SESSION REPORT No Closed Session report APPOINTMENTS 1. Animal Control Commission Appointment Approved Motion: Appoint Dr. Reginald L. Woods to the Animal Control Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Arts and Historical Preservation Commission Appointment Approved Motion: Appoint Mr. Michael R. Tacchia to the Arts and Historical Preservation Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 3. Arts and Historical Preservation Commission Approved Motion: Appoint Mr. Robert S. Stevenson to the Arts and historical Preservation Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/8/2019 4. Arts and Historical Preservation Commission Approved Motion: Appoint Alissa L. Payne to the Arts and Historical Preservation Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 5. Charter Review Commission Appointment Approved Motion: Appoint Mr. Paul W. Sanborn to the Charter Review Commission. RESULT: ADOPTED [5 to 2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill 6. Elected Official Compensation Commission Appointment Approved Motion: Appoint Ms. Kimberly Knaus to the Elected Official Compensation Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 7. Elected Official Compensation Commission Appointment Approved Motion: Appoint Mr. Gil J. Botello to the Elected Official Compensation Commission. RESULT: ADOPTED [4 to 1] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Figueroa, Nickel, Mulvihill, Richard NOES: Ibarra ABSTAIN: Sanchez, Shorett Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/8/2019 8. Parks, Recreation and Community Services Commission Approved Motion: Appoint Ms. Alissa L. Payne to the Parks, Recreation and Community Services Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Personnel Commission Appointment Approved Motion: Appoint Mr. Gil J. Botello to the Personnel Commission. RESULT: ADOPTED [4 to 1] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Figueroa, Nickel, Mulvihill, Richard NOES: Ibarra ABSTAIN: Sanchez, Shorett 10. Planning Commission Appointment Approved Motion: Appoint Mr. Carlos A. Jaramillo to the Planning Commission. RESULT: ADOPTED [7 to 0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill PRESENTATIONS 11. Clean Air Day – Ginger Ontiveros Mayor Valdivia presented Ms. Ontiveros a Proclamation honoring California Clean Air Day. 12. American Pharmacists Month – Loma Linda University, School of Pharmacy Mayor Valdivia honored Loma Linda University School of Pharmacy for American Pharmacists Month. The group offered a PowerPoint presentation to explain what they do and why. 13. Chamber of Commerce & Local Elected Officials Announcements Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/8/2019 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Clementina Pina, San Bernardino, asked about the status of the Animal Shelter and asked how the staffing of the police department had changed over the years. Tammy Barn, San Bernardino, said there were a lot of empty fields in the sixth ward and spoke about how Vallejo had used open lots for community gardens, which helped prevent dumping on the lots and brought the community together. Ginger Ontiveros, San Bernardino, spoke on behalf of the SBCUSD, thaking the Mayor for attending the Education Bridge Committee and are discussing ways of how the two entities can work together. She also spoke about the athletic program improvements and rolled out the “Come See Us Play” program to get the community out to school games. Thomas Fleming, San Bernardino, apologized to the Mayor and Council for being rude in past speaking opportunities. Wrote about the need for a homeless shelter. And said he was working to get an army of fans for the Mayor. He said one does that by growing a great economy. Lynne Wear, San Bernardino, said she was speaking on behalf of the Muscupiabe Neighborhood Association representing neighborhood interests against the welfare office being built in their area. She said she was still waiting for justification why a Conditional Use Permit was not required for the project. She also questioned why staff thought it was to be a Human Resources office. She believes there was fraud involved and said she will be filing a complaint with the D.A. regarding integrity issues and the Attorney General. Joyce Seeger, San Bernardino, speaking on behalf of the Blair Park Neighborhood Association, said the welfare office being built in her neighborhood was not known about until construction began and asked councilmembers if they would allow such an office in their neighborhoods and asked rhetorically what else they would Carolyn Jefe, San Bernardino, said there is a problem near 20th and D streets and has a problem with people dumping garbage in the area. She suggested cameras in areas where dumping occurs, then giving citations to those whose license plates are captured to put a stop to the illegal dumping. Pearline Jones, San Bernardino, said she was released from a facility without ID or a place to say. She said that, as a senior citizen, she has been unable to find services, bathrooms and asked what kind of resources the city is providing for the homeless. It makes no sense to have no services for them. Cheryl Brown, San Bernardino, decried the situation that Ms. Jones described and mentioned that the day prior had been the international Day of Seniors and we need to do something to help homeless seniors in the community. She read a letter to the mayor and council from Hardy Brown, which covered M/CC decisions that do not reflect the values and diversity of the citizenry. He said the racial disparities in the police department have occurred for decades. He asked that internal and external candidates be allowed to compete for city jobs. He demanded that all management positions be posted for internal and external candidates, and suggested that the council adopt a Sunshine ordinance to increase transparency. Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/8/2019 John Shollenberger, San Bernardino, said each of the council members need field reps, and suggested using volunteer political science majors. He said it would make everything move more smoothly. Sandra Ibarra, San Bernardino, read a letter from Robert Porter, who has been ill and recently underwent surgery. He said he made it, he will be back to council and that he loves San Bernardino. Kathy Mallon, San Bernardino, said she was there to keep the body aware of the opposition to the new county welfare office being built in her neighborhood. The Development Code that the body approved allows it to be approved by the DERC, rather than the Planning Commission or the City Council and she asked that it be changed. Luis Ojeda, San Bernardino, decried council members walking out of the meetings to break quorums when there is discussion of the animal shelter, and then continuing to talk about the issue for two years. He asked how the people can trust that big projects will get done when they cannot fix a simple animal shelter. He said that now that it is election time, the subject is important to them again. Alissa Payne, San Bernardino, thanked the mayor and council and others who work in public service. She’s watched each of them being criticized for things that are going on at work and said she could not imagine being subjected to that kind of behavior. She said she respected how they carry themselves, no matter what they are subjected to. Pastor Elliott, San Bernardino, commended the Mayor and Council for the street repairs and said he hadn’t seen so many repair vehicles for years and said he wa happy to see tar going down and potholes being filled. STAFF REPORTS 14. State and Federal Legislative Advocacy Services Speaker Treasure Ortiz Luis Ojeda Approved Motion: Direct CM to make a counter offer to Federal Advocates for $100,000 for a one-year contract, fulfilling all responsibilities stipulated in their offer; make a counter offer to Joe Gonsalvez and Son for $50,000 for state advocacy. If either contract is rejected, offer Townsend Public Affairs the federal contract for $50,000 and $60,000 for federal advocacy. And provide weekly written updates for the council. RESULT: ADOPTED [4 to 3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/8/2019 Failed Motion: Reject advocacy services at this time until we finalize the salaries of City Clerk and City Attorney. RESULT: FAILED [3 to 4] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Ibarra, Shorett, Mulvihill NOES: Sanchez, Figueroa, Nickel, Richard 15. Waterman + Baseline Neighborhood Specific Plan Recovery Fee Approved Motion: Authorize the City Manager to prepare a recovery fee for the area of the City included in the Waterman + Baseline Neighborhood Specific Plan for inclusion in the City’s User Fee Schedule. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Failed Motion: Table the item. RESULT: FAILED [4 to 2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett NOES: Figueroa, Nickel, Richard, Mulvihill ABSTAIN: Ibarra Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/8/2019 PUBLIC HEARINGS 16. Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 (Hillwood - 1494 S. Waterman Avenue). Approved Motion: Table the item. RESULT: ADOPTED [5 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard ABSTAIN: Shorett, Mulvihill 17. TEFRA Hearing - Issuance of Bonds by the Independent Cities Finance Authority (ICFA) for the Royal York Estates Mobile Home Park Speaker David Tomlin, applicant Approved Motion: Adopt the resolution. Reso. No. 2019-293 Resolution of the Mayor and City Council of the City of San Bernardino, California, pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Independent Cities Finance Authority (ICFA) for the Royal York Estates Mobile Home Park. RESULT: ADOPTED [7 to 0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/8/2019 QUASI-JUDICIAL HEARING 18. Request to Amend Commercial Cannabis Business Permit to Provide a Change in Location from 4130 W. Hallmark Parkway to 506 W. Inland Center Drive Speaker Majid Seraj, opposed Christopher Kim, opposed Jaclyn Venaccia, applicant legal counsel, support Approved Motion: Table the item. RESULT: ADOPTED [7 to 0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion or to move it to another meeting. Councilmember Figueroa pulled Item 23 and Councilmember Richard said she would vote no on item 24. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated October 2, 2019. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/8/2019 20. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for September 2019. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. Professional Services Agreement Between ProStaff LLC and the City of San Bernardino. Approved Motion: Adopt the resolution. Reso. No. 2019-303 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between ProStaff, LLC and the City of San Bernardino for municipal consulting services in the Human Resources Department for a total amount not to exceed $24,000 for Fiscal Year 2019/20. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 22. Resolution Establishing All-Way STOP Control at the Intersection of "D" Street and 28Th Street Speakers Mary Van Meter John Shollenberger Fay Aldridge Pastor Elliott Approved Motion: Adopt the resolution. Reso. No. 2019-304 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the intersection of “D” Street and 28th Street. Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/8/2019 23. Establish a Residential Parking Permit Program on Wall Avenue Between Base Line Street and 275 Feet North of Base Line Street and on Chestnut Street Between 100 Feet West of Iris Street and Rancho Avenue Approved Motion: Adopt the resolution. Reso. No. 2019-305 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in part, "A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a no parking except by Permit at any time zone on Wall Avenue between Base Line Street and 275 feet north of Base Line Street except on the west side between Base Line Street and 170 feet north of Base Line Street on the south side of Chestnut Street between 100 feet west of Iris Street and 200 feet west of Rancho Avenue and on the north side of Chestnut Street between Rancho Avenue and 135 feet west of State Street. RESULT: ADOPTED [7 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 24. Fund Appropriation for Montgomery Ward Service Center Soil Vapor Extraction Pilot Test Work Plan Implementatio Approved Motion: Adopt the resolution. Reso. No. 2019-306 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a budget amendment to fund the contract with Ninyo and Moore in the amount of $213,384.90 from the Bond Proceeding Account for Montgomery Ward Service Center Soil Vapor Extraction Pilot Test Work Plan Implementation; and authorize the Finance Director or designee to amend FY 2019/20 Budget. RESULT: ADOPTED [7 to 0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes October 2, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/8/2019 ITEMS TO BE REFERRED TO COMMITTEE Consensus Item: Review and consideration of repealing the resolution limiting council member speaking times on the first meeting in November. Consensus Item: Request status of Bond A and B from 2004. Consensus Item: Request discussion on cannabis ordinance and have Legal Counsel provide recommendations to LRC. No votes were taken on these items. REPORTS ON CONFERENCES/MEETINGS ATTENDED No reports were provided. ADJOURNMENT The meeting adjourned at 9:41 p.m. Councilmember Richard announced the death and planned services of Emma Shaw, and asked that the Mayor adjourn in honor of the 107- year-old. Mayor Valdivia also added a statement about Ms. Shaw, and also offered condolences to the City of Montclair for the death of Trisha Martinez, a councilmember who died of cancer. He adjourned the meeting in her honor. 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, October 16, 2019 in the Council Chamber, 555 West 6th Street, San Bernardino, CA. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC