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HomeMy WebLinkAbout11-07-2016 Jt. Adj Reg Mtg MinutesCity 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 James Mulvihill JOINT ADJOURNED 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 MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY AND MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY MONDAY, NOVEMBER 7, 2016 COUNCIL CHAMBER The Joint Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:12 p.m., Monday, November 7, 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 Late 2:31 p.m.. John Valdivia Council Member, Ward 3 Late 2:25 p.m. Fred Shorett Council Member, Ward 4 Late 5:01 p.m. Henry_Nickel Council Member, Ward 5 Present 2:00 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 10/11/2016 Joint Regular Meeting Minutes November 7, 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 Enrique Savoeurn v. C. Lariz, et al. - San Bernardino Superior Court, Case No. CIVDS1602471; Xaver Priest v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS1400457; Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police Officers, et al. - San Bernardino Superior Court, Case No. CIVDS1513869; Rogelio Quiroga v. Officer J. Betts - United States District Court, Case No. CV11-02029 VAP (DTBx); Corey Day v. City of San Bernardino, et al. - United States District Court, Case No. CV13-00362 JGB (SP); Michael Street v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS910518. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Estela Garibay 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. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 Reading of Resolutions and Ordinances Deputy City Clerk Valerie 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 Dr. Clyde Stewart of Westside Christian Center. The Pledge of Allegiance was led by Saria Silva-Salas, a sixth grade student from Davidson Elementary School. 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Enrique Savoeurn v. C. Lariz, et al., the Council gave settlement direction by vote of 4-0, with Council Members Shorett and Barrios absent and Council Member Valdivia abstaining; In the matter of Xaver Priest v. City of San Bernardino, the Council gave settlement direction by vote of 4-0, with Council Members Shorett, Barrios and Nickel absent; In the matter of Jose Zamora, et al. v. 9 Unidentified San Bernardino City Police Officers, the Council gave settlement direction by vote of 5-1, with Council Member Shorett absent and Councilmember Valdivia voting No; In the matter of Rogelio Quiroga v. Officer J. Betts, the Council gave settlement direction by vote of 5-1, with Council Member Shorett absent and Council Member Barrios voting No; In the matter of Corey Day v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Shorett absent; In the matter of Michael Street v. City of San Bernardino, the Council gave settlement direction by vote of 6-0, with Council Member Shorett absent. Under Agenda Item No. 1 C, initiation of litigation: In the matter of City v. Este/a Garibay, the Council gave direction by vote of 6-0, with Council Member Shorett absent. 3. Appointments No appointments were made at this meeting. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 4. Presentations 4A. Special Recognition — Adam Lunt — Mayor R. Carey Davis Adam Lunt was presented a certificate by Mayor Davis in recognition of his academic and athletic achievements. 4B. Resolution Recognizing Steve and Linda Sutherland — Retiring from "Fun Corner" — Council Member Barrios Steve and Linda Sutherland accepted the resolution in their honor, and presented the City with a historic photo of Baseline. 4C. Bankruptcy/Strategic Planning Update -- Management Partners No announcement was made regarding the bankruptcy. 4D. Chamber of Commerce & Local Elected Officials Announcements Chamber member Alyssa King announced upcoming Chamber of Commerce events and activities. 5. Consent Calendar Council Member Marquez pulled Agenda Items 5B and 5T from the Consent Calendar for separate discussion. Council Member Valdivia pulled Agenda Items 5D, 5E, 5H, 5J, 5M, 5R, 5S, and 5T. Council Member Nickel pulled Agenda Items 50, 5U and 5V. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5A. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Motion: Waive full reading of resolutions and ordinances on the agenda dated November 7, 2016. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 5B. City Clerk Council Minutes -- October 17, 2016 [Ward(s): N/A] k, Council Member Marquez asked that the minutes reflect that the Estrella family sang the "National Anthem," "God Bless America," and "I'm Proud to Be an American". Motion: Approve the minutes of the Mayor and Common Council meeting of October 17, 2016, as amended. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett L --- 5C. Civil Service Personnel Actions - Classified [Ward(s): All] 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: MOVER: SECONDER: AYES: ABSENT: ADOPTED [6-0] John Valdivia, Council Member, Ward 3 Jim Mulvihill, Council Member, Ward 7 Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill Shorett 5D. Community Development ORD. MC -1430 - Ordinance of the Mayor and Common Council of the City of San Bernardino Approving Development Code Amendment 16-06 Amending Chapter 19.06 (Commercial Zones) Section 19.06.030(2)(Q) (Development Standards)(Specific Standards for Commercial Zones) (Recycling Facilities for Reusable Domestic Containers) of the Development Code (Title 19) of the San Bernardino Municipal Code to Establish Development Standards and an Approval Process for Unattended Collection Boxes or Similar Structures in Non - Residential Zoning Districts. (FINAL READING) [Ward(s): All] Motion: Adopt the Ordinance. Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 I RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 C I AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill 1 ABSENT: Shorett 5E. Community Development Resolution 2016-221 - Resolution of the Mayor and Common Council of the City of San Bernardino Accepting a Grant in the Amount of $398,200 from the California Department of Housing and Community Development for an On -Site Community Center at Waterman Gardens. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [5-0-1] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Nickel, Richard, Mulvihill ABSTAIN: Valdivia ABSENT: Shorett 5F. Community Development Resolution 2016-222 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Mills Act Preservation Agreement with Samuel Harvey and Erin Chester -Harvey for the Property Located at 515 W. 21 St Street, San Bernardino. [Ward(s): 2] Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5G. Community Development RES. 2016-223 - Resolution of the Mayor and Common Council of the City of San Bernardino Confirming Costs of Abatement of Public Nuisances and Imposing Liens on Certain Real Property Located Within the City of San Bernardino for the Costs of Abatement. [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett [W] u 5H. Finance Approval of Commercial Checks and Payroll Checks [Ward(s): All] Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Shorett, Richard, Mulvihill 51. Finance RES. 2016-224 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement Between the City of San Bernardino and Revenue and Cost Specialists, LLC. for a Cost Allocation Plan and User Fee Study. [Ward(s):] Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5J. Human Resources Personnel Actions - Unclassified [Ward(s): All] Motion: Adopt the Resolution. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/8/2016 RESULT: ADOPTED [5-2] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Nickel, Shorett, Mulvihill NAYS: Valdivia, Richard Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 5K, Human Resources RES. 2016-225 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief) and P-7 (Chief) August 1, 2016. [Ward(s): All] Motion: Adopt the Resolution RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5L. Human Resources RES. 2016-226 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Community Engagement Specialist, Reclassifying the Classification of Community Engagement Officer to Community Engagement Specialist and Deleting the Classification of Community Engagement Officer for the Police Department. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5M. Human Resources RES. 2016-227 - Resolution of the Mayor and Common Council of the City of San Bernardino Establishing the Classification of Procurement/Contract Support Services Division Manager (U) and Approving the Job Description; Reclassifying Purchasing Manager to Procurement/Contract Support Services Division Manager (U); and Deleting the Purchasing Manager Classification. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [6-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NOES: Valdivia Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 5N. Police RES. 2016-228 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement and Authorizing the Issuance of a Purchase Order to Chase Financial Services for a Parking Lot Lease. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 50. Police RES. 2016-229 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of the Second Three -Year Extension of the Alarm Administration Services Agreement Between PMAM Corporation and the City of San Bernardino. [Ward(s): All] Motion: Adopt the Resolution. .�, RESULT: ADOPTED [UNANIMOUS] r MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5P. Police RES. 2016-230 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Receipt, Obligation, and Appropriation of the Allocated FY 2016/2017 Justice Assistance Grant (JAG) Funds and Execution of a JAG Sub Award Grant Agreement Between the City of San Bernardino and County of San Bernardino. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett XF Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 5Q. Public Works ORD. MC -1431 - Ordinance of the Mayor and Common Council of the City of San Bernardino Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled "Scrap Tires." (FINAL READING) [Ward(s): All] Motion: Adopt the Ordinance. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5R. Public Works RES. 2016-231 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles SMSA Limited Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at Nicholson Park.) [Ward(s): 6] 0 Motion: RESULT: MOVER: SECONDER: AYES: Adopt the Resolution and ask the City Manager to return with a full analysis of the amount collected, the implications for rest of the budget, and the alternatives available to the council. ADOPTED [UNANIMOUS] John Valdivia, Council Member, Ward 3 Virginia Marquez, Council Member Ward 1 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5S. Public Works RES. 2016-232 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and Los Angeles Smsa Limited Partnership (Dba Verizon Wireless) for the Lease of City Owned Property at Speicher Memorial Park. [Ward(s): 7] Motion: Adopt the Resolution and ask the City Manager to return with a full analysis of the amount collected, the implications for rest of the budget, and the alternatives available to the council. Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 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 C7 5T. Public Works RES. 2016-233 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of a Second Amendment to the Vendor Services Agreement with West Coast Arborists, Inc. for Tree Trimming Services. [Ward(s): All] Council Member Marquez stated that she would abstain from voting on the item to avoid the appearance of a conflict of interest because she has accepted campaign funds from West Coast Arborists, Inc. Chief Assistant City Attorney Jolena Grider said there was no actual conflict however Marquez left the dais for the remainder of the discussion of the item. Motion: Adopt the Resolution. RESULT: ADOPTED [6-0-1] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member Ward 4 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Marquez 5U. Public Works RES. 2016-234 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to Lease RL 2470 with Metropolitan Water District of Southern California, Regarding Assessment District No. 1055 in the Pine Avenue and Redwood Street Area, Tract No. 17716. [Ward(s): 5] Motion: Adopt the Resolution. RESULT: ADOPTED [UNANIMOUS] Henry Nickel, Council Member, Ward 5 John Valdivia, Council Member Ward 3 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill MOVER: SECONDER: AYES: 5V. Public Works RES. 2016-235 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Cooperative Agreement No. 16- 1001398 Between San Bernardino Associated Governments (SANBAG) and the City of San Bernardino for San Bernardino Valley Coordinated Traffic Signal System Operation and Maintenance (Local Agency Retiming) [Ward(s): All] Mayor and Common Council of the City of San Bernardino Page 11 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 Motion: Adopt the Resolution. 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 6. Public Hearings 6A. Community Development RES. 2016-236 - 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 Parcels Containing a Total of Approximately 3.57 Acres in Order to Construct a Planned Unit Development Comprised of 51 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. [Ward(s): 4] 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: Opposed: Chris Peterson, San Bernardino Jan Windhausen, San Bernardino Scott Olson, San Bernardino Marcello DeBarros, San Bernardino Veronika Petta, San Bernardino Deanna Adams, San Bernardino Brandy Barbee, San Bernardino Jay Lindberg, San Bernardino Jeff Webber, Orange Barbara Babcock, San Bernardino In Support: Ed Bonadiman Mayor and Common Council of the City of San Bemardino Page 12 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 Motion: 1) Close the Public Hearing; •Mh 2) Adopt Resolution adopting the Categorical Exemption; and, accepting General Plan Amendment 16-02 and Development Code Amendment (Zoning Map Amendment) 14-17. RESULT: ADOPTED [4-3] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Valdivia, Shorett, Richard, Mulvihill NAYS: Marquez, Barrios, Nickel 7. Staff Reports 7A. City Attornev An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 8.90 Related to Mobile Home Rents. (FIRST READING) [Ward(s): All] Motion: Lay over Ordinance for final adoption. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Valdivia 7B. City Manager J-2016-58 - Resolution of the Governing Board of the San Bernardino Joint Powers Financing Authority Authorizing the Sale and Issuance of the San Bernardino Joint Powers Financing Authority Lease Revenue Refunding Bonds (Rosa Parks Memorial State Office Building) 2016 Series A; Approving the Forms and Authorizing the Execution and Delivery of an Indenture, an Amended and Restated Lease Purchase Agreement, and an Escrow Agreement; Approving the Forms of a Continuing Disclosure Agreement and Notice of Sale; Approving the Form of and Authorizing the Delivery of a Preliminary Official Statement and an Official Statement; and Approving Other Related Actions. [Ward(s): 1] Motion: Adopt the Resolution and authorize all additional actions necessary to accomplish the purposes of the Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 j AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 13 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 7C. City Manager RES. 2016-237 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving a Lease Agreement with the Inland Empire 66Ers Baseball Club of San Bernardino, Inc. for the Property Located at 280 South "E" Street, San Bernardino, California and Approving Certain Related Actions. [Ward(s): 1] Public Comments: Michael Bracken, Palm Desert Motion: Adopt the Resolution. RESULT: ADOPTED [6-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: Valdivia 7D. Council Office 2016 American Planning Association California Conference [Ward(s): All] Consensus: Receive and File. 7E. Council Office 2016 League of California Cities Annual Conference & Expo Reports by Council Members Marquez, Barrios, Valdivia and Nickel [Ward(s): All] Consensus: Receive and File. 7F. Council Office Homelessness Task Force Ad Hoc Committee [Ward(s): All] Public Comments: Kent Paxton, San Bernardino Jacqueline Hill, San Bernardino Motion: Schedule a homeless workshop in December. RESULT: ADOPTED [4-3] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Shorett, Mulvihill NAYS: Valdivia, Nickel, Richard Mayor and Common Council of the City of San Bernardino Page 14 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 7G. Water RES. 2016-238 - Resolution of the Common Council of the City of San Bernardino (1) Approving the Issuance of Not to Exceed $45,000,000 Aggregate Principal Amount of Sewer Revenue Bonds, Series 2016 (City of San Bernardino Sewer Facilities Project) of the California Municipal Finance Authority; (11) Approving the Form of an Indenture of Trust and Authorizing the Execution and Delivery of an Installment Purchase Agreement, a Continuing Disclosure Agreement, a Bond Purchase Agreement and Other Related Documents; (III) Approving the Delivery of an Official Statement; and (IV) Approving Certain Actions in Connection Therewith. [Ward(s): All] Motion: Adopt the Resolution. RESULT: ADOPTED [3-3] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Shorett, Mulvihill NAYS: Barrios, Valdivia, Richard ABSTAIN: Nickel ** NOTE: Mayor Davis broke the tie with a "yes" vote, and the motion carried. 8. Items to be Reconsidered 8A. Council Office Discuss and Take Possible Action Regarding the Reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15-01 for Mary's Village a Men's Residential Complex for Up to 85 Residents. [Ward(s):] Public Comments: Michael Hine, San Bernardino Terry Kent, Glendora Kent Paxton, San Bernardino Scott Olson, San Bernardino Jim Smith, San Bernardino Motion: Direct staff to publish a new public hearing notice for reconsideration of General Plan Amendment 16-03 and Development Code Amendment 15-01. RESULT: ADOPTED [4-3] MOVER: Benito Barrios, Council Member, Ward 2 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrio, Shorett, Mulvihill NAYS: Valdivia, Nickel, Richard Mayor and Common Council of the City of San Bernardino Page 15 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 9. Public Comments on Items not on the Agenda Barbara Babcock, San Bernardino, spoke in favor of Measure L and urged people to consider that this was something that would help keep good people working for the City. She also suggested a yes vote on Mark Steinorth and Cheryl Brown. Deanna Adams, San Bernardino, said the City showed disrespect this evening for the City's heritage. She said a sound city has inner and outer landscape. She also said the City needs checks and balances and said the pro -Measure L group was trying to silence opponents. She urged a no vote on Measure L. Jay Lindberg, San Bernardino, said he did not agree with Measure L because it had no campaign finance reform in it. He said he has never seen a time when the City was not controlled by outside interests and the same people would continue to control the City. Susan Lien Longville, San Bernardino, thanked those who have worked hard on the Measure L campaign and said twenty-four hours from now future Mayor's and Councils would have a better situation to work with. Sandra Ibarra, San Bernardino, urged a no vote on Measure L. She read from the preamble of the current Charter. She read the preamble to the proposed Charter. She said the current charter promotes economic prosperity, ethics, accountability, equality of opportunity and questioned where the proposed Charter did the same. She repeatedly urged residents to vote no on L. Linda Hart, San Bernardino, asked about the specifics of the Brown Act. She said those who fought for us to speak and to vote would turn over finding out that democracy did not happen at San Bernardino City Council tonight. Dolores Armstead, San Bernardino, said that the treatment of speakers earlier in the meeting was an embarrassment. Jim Smith, San Bernardino, lauded the KaBoom project that was recently built in San Bernardino. He thanked Barrios for doing research on the Mary's Village project and bringing it back for consideration. 10. Items to be Referred to Council Committees None 11. Announcements from Mayor, Common Council and Executive Staff Mayor and Common Council of the City of San Bernardino Page 16 Printed 11/8/2016 Joint Regular Meeting Minutes November 7, 2016 14 12. Adjournment The meeting adjourned at 11:47 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, November 21, 2016. By: GEOR ANN "GI ' Hanna City Clerk Mayor and Common Council of the City of San Bernardino Page 17 Printed 11/8/2016