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Home My WebLink About09-06-2016 Jt. Reg Mtg Minutesu If City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill JOINT REGULAR MEETING OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY TUESDAY, SEPTEMBER 6, 2016 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:00 p.m., Tuesday, September 6, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 l Present 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 p.m. Henry Nickel Council Member, Ward 5 Present 3:17 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m. James Mulvihill Council Member, Ward 7 —�-Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gigi" Hanna City Clerk _ Present 2:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Mark Scott City Manager Present 2:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 1. 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): In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk- 28006 MJ; People of the State of California v. House of Kush - San Bernardino Superior Court, Case No. CIVDS 1518733; People of the State of California v. Kush Concepts Collective (Bixler), et al. - San Bernardino Superior Court, Case No. CIVDS 1516185; Reginald Peralta v. City of San Bernardino - U. S. District Court, Case No. EDCV 12-2126 VAP (DTBx); Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al., - San Bernardino Superior Court, Case No. CIVDS 1114110; Castaneda v. City of San Bernardino, et al. - U. S. District Court, Case No. CV 15-00910; Matthew Sharkey, et al. v. Public Safety Academy. - San Bernardino Superior Court, Case No. CIVDS 1015386; Richard Everett v. City of San Bernardino - WCAB Case No. ADJ3138651, ADJ4186452 and ADJ9878260; Richard Lewis v. City of San Bernardino - WCAB Case No. ADJ8242188 and ADJ8113168; Michella Roan v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1413046; Californians for Responsible Government v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1613014; Siobhan Sansone v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15-01009. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). One (1) Item C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. US Bank City v. Chinn Mayor and Common Council of the City of San Bernardino Page 2 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 D. Closed Session - personnel - pursuant to Government Code Section 54957(b): E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957(a): F. Conference with labor negotiator - pursuant to Government Code Section 54957.6 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions and Ordinances Deputy City Clerk Montoya read into the record the titles of all the resolutions and ordinances on the agenda. Invocation/Pledge of Allegiance The invocation was given by Pastor Jim Hall of Generations Church. The Pledge of Allegiance was led by Destiny Ruiz, a 6`h grade student at George Brown, Jr. Elementary School. 2. Closed Session Report Under Agenda Item No. IA, conference with legal counsel — existing litigation, the Mayor and Common Council gave settlement direction for: In re: City of San Bernardino - U.S. Bankruptcy Court, Case No. 6:12-bk-28006 MJ; Bankruptcy claimant ATS Communications with a vote of 6-0, with Council Member Nickel absent. Glen Aire Mobilehome Park, et al. v. City of San Bernardino, et al., - San Bernardino Superior Court, Case No. CIVDS 1114110; Vote of 6-0, with Council Member Nickel absent. Michella Roan v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1413046; Vote of 6-0-1, with Council Member Nickel abstaining. People of the State of California v. House of Kush - San Bernardino Superior Court, Case No. CIVDS 1518733; Vote of 6-0, with Council Member Nickel absent. Reginald Peralta v. City of San Bernardino - U. S. District Court, Case No. EDCV 12- 2126 VAP (DTBx); Vote of 5-1, with Council Member Valdivia voting no and Council Member Nickel absent. Castaneda v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15- 00910; Vote of 6-0, with Council Member Nickel absent. Matthew Sharkey, et al. v. Public Safety Academy. - San Bernardino Superior Court, Case No. CIVDS 1015386; Vote of 6-0, with Council Member Nickel absent. Richard Everett v. City of San Bernardino - WCAB Case No. ADJ3138651, ADJ4186452 and ADJ9878260; Vote of 6-0, with Council Member Nickel absent. Richard Lewis v. City of San Bernardino - WCAB Case No. ADJ8242188 and ADJ8113168; Vote of 6-0, with Council Member Nickel absent. Mayor and Common Council of the City of San Bernardino Page 3 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 Siobhan Sansone v. City of San Bernardino, et al. - U. S. District Court, Case No. CV15-01009. Vote of 7-0. Under Agenda Item No. IC, Conference with legal counsel - anticipated litigation - initiation of litigation, the Mayor and Common Council gave settlement direction for: City v. US Bank. Vote of 7-0. City v. Chinn. Vote of 7-0. 3. Appointments 3A. Mayor's Office Appointment of Mr. Gill J. Botello to the Fine Arts Commission - Council Member Virginia Marquez. Motion: Approve the appointment of Mr. Gil J. Botello to the Fine Arts Commission as requested by Council Member Virginia Marquez. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] John Valdivia, Council Member, Ward 3 Benito J. Barrios, Council Member, Ward 2 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3B. Mayor's Office Appointment of Ms. Linda Hart to the Human Relations Commission - Council Member Bessine L. Richard. Motion: Approve the appointment of Ms. Linda Hart to the Human Relations Commission as requested by Council Member Bessine L. Richard. 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 3C. Mayor's Office Appointment of Mr. Larry R. Quiel to the Planning Commission - Council Member Fred Shorett. Motion: Approve the appointment of Mr. Larry R. Quiel to the Planning Commission as requested by Council Member Fred Shorett. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 4 Printed 9/72016 Joint Regular Meeting Minutes September 6, 2016 4. Presentations 4A. Proclamation of Appreciation — Stater Brothers 80th Anniversary — Mayor R. Carey Davis Accepted by Pete Van Helden, Stater Bros. President/CEO; George Frahm, Executive Vice President; Dennis McIntyre, Executive Vice President Marketing; Dan Meyer, Executive Vice President Retail Operation; Nancy Negrette, Director of Corporate Affairs; and Marisa Kutansky, Communications Manager. 4B. Proclamation Designating September as "Childhood Cancer Awareness Month" — Mayor R. Carey Davis 4C. SBD Fest SB Strong Plane Pull — Mark Gibbs, Director of Aviation & Catherine Pritchett 4D. Boy Scouts of America — California Inland Empire Council — Ricci Dula, District Director — Council Member Valdivia 4G. Chamber of Commerce & Local Elected Officials Announcements isJack Avakian announced upcoming Chamber events and activities. 5. Consent Calendar Agenda Item Nos. 513, 5H, 5M, 5S and 5V were pulled from the consent calendar by members of the Council. Item 5E was pulled by the City Manager. Motion: Approve the remaining items on the consent calendar. 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 5A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the agenda dated September 6, 2016. 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 Mayor and Common Council of the City of San Bernardino Page 5 Printed 917/2016 Joint Regular Meeting Minutes September 6, 2016 5B. City Clerk Council Minutes for July 2016 4PMotion: Continued to September 19, 2016. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. City Clerk RES. 2016-179 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Fine Arts Commission Grant Recipient Agreement with Micah Escamilla for Faces of San Bernardino Project. Motion: Adopt the Resolution. 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 AOW 5D. City Attorney RES. 2016-180 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Professional Services Agreement with Cota Cole LLP. Motion: Adopt the Resolution. 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 5E. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Submittal of the Fiscal Year (FY) 2015-2016 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development (HUD) Motion: No action taken This item was pulled by the City Manager and not considered. C7 Mayor and Common Council of the City of San Bernardino Page 6 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5F. Civil Service Personnel Actions - Classified ® Motion: Approve the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 l AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5G. Community Development RES. 2016-181 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Consultant Services Agreement with MIG/Hogle-Ireland for the Preparation of the Comprehensive Signage Regulations Update. Public Comments: Scott Olson, San Bernardino Motion: RESULT: MOVER: SECONDER: AYES: Adopt the Resolution. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 511. Council Office Discuss and Take Possible Action Regarding Tow Services Agreement Amendment Motion: Refer to the Legislative Review Committee for further discussion. RESULT: ADOPTED [4 TO 31 MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Benito J. Barrios, John Valdivia, Henry Nickel, Bessine L. Richard NAYS: Virginia Marquez, Fred Shorett, James Mulvihill Mayor and Common Council of the City of San Bernardino Page 7 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5I. Council Office RES. 2016-182 — Resolution of the Mayor and Common Council of the City of San 19 Bernardino Authorizing the Director of Finance to Issue a Purchase Order to Out of the Box Printing/R81 in the Amount of $5,000.00 for Military Banners. Motion: Adopt the Resolution. 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 5J. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. 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 5K. Human Resources GO Personnel Actions - Unclassified Motion: Approve the unclassified personnel actions, as submitted by the Interim Director of Human Resources, in accordance with City policies and procedures. 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 5L. Human Resources RES. 2016-183 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Employer Paid Health Benefit Contributions for Benefit Plan Year 2017 and Election of the Mayor and Common Council to Receive the Same Benefit Plan as the Management / Confidential Bargaining Unit. Motion: Adopt the Resolution. 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 Mayor and Common Council of the City of San Bernardino Page 8 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5M. Human Resources RES. 2016-184 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing One (1) Chief Deputy City Clerk (U) and Approving the Job Description; Adding One (1) Chief Deputy City Clerk (U) to the City's Clerk's Table of Organization; and Deleting One (1) Deputy City Clerk (U) from the City's Clerk's Table of Organization. Motion: Adopt the Resolution. RESULT: ADOPTED [4 TO 3] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Virginia Marquez, Fred Shorett, Henry Nickel, James Mulvihill NAYS: Benito J. Barrios, John Valdivia, Bessine L. Richard 5N. Human Resources RES. 2016-185 — Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee Effective August 1, 2016. Motion: Adopt Resolution. 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 50. Parks, Recreation & Community Services RES. 2016-186 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Finance Director to Allocate Unappropriated Senior Services Trust Account Revenue (Donation/Fundraiser) to the Parks, Recreation and Community Services Department General Fund Expenditure Accounts for Senior Services in the Amount of $13,400. Motion: Adopt Resolution. 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 Mayor and Common Council of the City of San Bernardino Page 9 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5P. Parks, Recreation & Community Services RES. 2016-187 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submission of an Application for and Accepting a Contribution Sponsorship from Kaiser Permanente Operation Splash Fontana Community Benefit Grant Program, and Appropriating Additional General Fund Expenditures in the Amount of $15,000 for the 2016-17 Summer Aquatics Programs. A Motion: Adopt the Resolution. .......................... . RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 John Valdivia, Council Member, Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5Q. Police RES. 2016-188 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing to Transfer and Recognize $38,714.13 from Account 772- 2327.212 to Revenue Account 001-210-0000*4690 and Appropriate $38,714.13 to the FY 2016/2017 Budget, and Issue a Purchase Order to West Coast Lights and Sirens. Motion: Adopt the Resolution. 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 5R. Police RES. 2016-189 — Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Submittal of an Application for an Enhanced Collaborative Model to Combat Human Trafficking Grant from the Office of Justice Programs, Bureau of Justice Assistance, in the Amount of $900,000 and Authorizing the Police Department to Accept and Administer the Grant If Awarded. Motion: Adopt the Resolution. 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 Mayor and Common Council of the City of San Bernardino Page 10 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 10 5S. Public Works RES. 2016-190 — Resolution of the Mayor and Common Council of the City of San Bernardino Accepting the Active Transportation Program Cycle 2 Grant in the Amount of $2,090,489 for Project ATP -5033(053) and Directing that the Project be Added to the FY 2016/17 Capital Improvement Program. Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5T. Public Works RES. 2016-191 — Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 to Cooperative Agreement No. 16-1001335 with the San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (Ss04-019). Motion: Adopt the Resolution. 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 5U. Public Works RES. 2016-192 — Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Memorandum of Understanding No. 17-1001586, to Issue a Notice of Intent (NOI) to Create a Quiet Zone Along the Metrolink Line Known as the Shortway Subdivision and to Execute a Notice of Quiet Zone Establishment at the Time and in a Form Set by 49 CFR §222. Motion: Adopt the Resolution. 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 Mayor and Common Council of the City of San Bernardino Page 11 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5V. Public Works RES. 2016-193 — Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract in the Amount of $263,250 to Leonida Builders Inc., Per Plan No. 13076 (SS -P) for Construction of Annual Concrete Repairs - Citywide. Motion: Adopt the Resolution. 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 5W. Public Works RES. 2016-194 — Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bids on RFP F-16-10, Pursuant to 3.04.070(E) of the Municipal Code for Sewer Main Line Repair Services. Motion: Adopt Resolution. 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 5X. Public Works RES. 2016-195 — Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bids on RFP F-16-11, Pursuant to 3.04.070(E) of the Municipal Code for Sewer Manhole Cover Replacement Services. Motion: Adopt Resolution. 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 Mayor and Common Council of the City of San Bernardino Page 12 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 5Y. Water RES. 2016-196 — Resolution of the Mayor and Common Council of the City of San Bernardino Declaring Its Intention to Reimburse Certain Expenditures from the Proceeds of One or More Tax -Exempt Bond Financings, as Required by United States Department of Treasury Regulations Section 1.150-2; and Authorizing Certain Other Actions in Connection Therewith. Motion: Adopt the Resolution. 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 6. Public Hearings 6A. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-04 Amending Chapter 19.22 (Sign Regulations), Section 19.22.030 (Definitions) and Section 19.22.150(C)(3) (Multi -Tenant Centers) of the Development Code (Title 19) of the San Bernardino Municipal Code. (FIRST READING); and RES. 2016-197 — Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Categorical Exemption and Approving the Amendment to Sign Program 15-04 to Allow More Than Three (3) Tenant Panels for the Pylon Signs Located at 1831 W. Northpark Boulevard (APN: 0151-361-43) Within the Commercial General - University Village (CG -3) Zone. Mayor Davis opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Hanna administered an oath to those individuals wishing to speak on the matter that they would provide true and honest testimony. Public Comments: James R. Watson, applicant, urged approval of the item, saying that the sign program would work for his project at University and Northpark Boulevards and benefit the city by providing flexibility for major tenants, and conformity that will control visual clutter. Signage is one of the top requirements a tenant has. Chantal Power from the Community Development Department said the sign program originally sprung from the needs of the Watson development, but that the amendment would affect signage conformity throughout the city. Motion: 1. Close the Public Hearing; 2. Lay over Ordinance for final adoption; and 3. Adopt Resolution adopting the Categorical Exemption; and, 0 approving the amendment to Sign Program 15-04, based upon the recommended Findings of Fact and Conditions of Approval. Mayor and Common Council of the City of San Bernardino Page 13 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill (B. Community Development Resolution of the Mayor and Common Council of the City of San Bernardino, California Not Adopting a Categorical Exemption and Denying General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17 to Change of the General Plan Land Use Designation from Residential Suburban to Residential Medium High -20 and the Zoning District from Residential Suburban (RS) to Residential Medium High -20 (RMH-20) for Three (3) Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of Fifty -One (5 1) Attached Residential Units Located at 4630 N. "F" Street (APN: 0265-191-17, 18 and 34) Within the Sphere of Influence of the Unincorporated Area of the City of San Bernardino. (At Meeting of July 18, 2016, Item Continued to September 6, 2016) Mayor Davis opened the hearing. No comments were made. Motion: Table. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 L ECONDER: John Valdivia, Council Member, Ward 3 YES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Staff Reports 7A. Public Works ORD. MC -1428 — Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 10.52 of the San Bernardino Municipal Code to Update Existing Speed Zones City Wide. (FINAL READING) Motion: Adopt Ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 14 Printed 9/7/2016 Joint Regular Meeting Minutes September 6, 2016 8. Public Comments on Items Not on the Agenda Robert Porter, San Bernardino, said the Charter is like the city's constitution and no one has the right to take it away from the people. If there are problems, it can be fixed, he said, and decried the one choice offered by the Charter Review Committee. Scott Olson, San Bernardino, said the 2013 recall election was supposed to be a positive thing, but instead put in people that we are stuck with, and they do not want to listen to residents anymore. He said the six -minute limit on the agenda is because the elected officials do not want to listen to the residents and urged people to vote no on Measure L. Deanna Adams, San Bernardino, said poverty, debt and class warfare, not the current Charter, led to the bankruptcy. The plan to bankrupt the city led to the move for a new Charter and she called those who support the proposed charter useful idiots. Sandra Ibarra, San Bernardino, spoke about being used to opposition and said she is used to questioning authority and told the council member not to take her comments personally. She said she will not be silent as the city goes downhill and warned Council Member Shorett that this may be his last term in office. Regarding the Charter, she said the demise of the city did not happen overnight and she will not be voting in favor of Measure L. James Penman, San Bernardino, said the council-manager form of government is a trend and trends change; San Bernardino needs an elected strong Mayor in order to be great again. The proposed Charter gets rid of most of the checks and balances approved over the years. San Bernardino prospered for 90 years under most of the current Charter, and why would we want to trade that on an experiment, he asked. Barbara Babcock, San Bernardino, sent well wishes to Michael Gallo, SBCUSD Board president, who is in the hospital. She also said that what the city has done in the past is not working, and praised Mark Scott. She suggested that each council member give a monthly report on what they individually are doing to bring business to San Bernardino. She asked everyone to put their personal agendas aside and find out the facts about the proposed Charter. Trayvon Martin, San Bernardino, thanked the council members and city officials for attending the Schools Not Prison event on August 26 at Anne Shirrell's Park, and then the education rally the following day at Cal State San Bernardino to motivate students. He said he would like to see more of these kinds of programs. Jim Smith, San Bernardino, said we need to accentuate the positive in San Bernardino, and mentioned that there are youth, from ICUC and San Bernardino Generation Now, who want to make the city better. He said that improvement of the city is tied to a new Charter and urged people to educate themselves on it. Jay Lindberg, San Bernardino, said if you don't deal with the money in politics, you don't fix the problem. He said the proposed Charter should have included a component about campaign finance to keep outside interests out of local elections. Mayor and Common Council of the City of San Bernardino Page 15 Printed 9/72016 Joint Regular Meeting Minutes September 6, 2016 9. Items to be Referred to Council Committees Council Member Nickel requested that the Quality of Life committee consider modifications to Police Department benefits in terms of recruitment/retention challenges. 10. Announcements from Mayor, Common Council and Executive Staff 11. Adjournment The meeting adjourned at 6:30 p.m. The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, September 19, 2016, in the Council Chamber of City Hall, 300 North "D" Street, San Bernardino, California. GEORGE "GIGI" ANNA, CMC City Clerk Is Mayor and Common Council of the City of San Bernardino Page 16 Printed 9/7/2016