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Home My WebLink About12-05-2016 Jt. 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 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, DECEMBER 5, 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 2:03 p.m., Monday, December 5, 2016, in the Council Chamber of City Hall, 300 North "D" Street (Lobby), San Bernardino, California. Roll Call Attendee Name Title Status Arrived Viria Marquez Council Member, Ward 1 Present 2:00 p.m. Benito J. Barrios Council Member, Ward 2 Late 2:21 p.m. John Valdivia Council Member, Ward 3 Late 4:00 p.m. Fred Shorett Council Member, Ward 4 Present 2:00 P.M. Hem Nickel Council Member, Ward 5 Present 2:00 p.m. Bessine L. Richard Council Member, Ward 6 _ Late 4:00 p.m. James Mulvihill Council Member, Ward 7 Present 2:00 p.m. R. Carey Davis Mayor Present 2:00 p.m. Georgeann "Gi i� ' Hanna City Clerk Present 2.00 pm. Gar�f_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 12/6/2016 Joint Regular Meeting Minutes December 5, 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 Gilbert McCory v. City of San Bernardino - United States District Court, Case No. CV15-01567 JGB (DTBx); Shirley Allen v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS1500485. 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. Zubiate One item 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. Property: 904 S. Foisy Street (APN 0280-131-23) Negotiator: Mark Scott 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 Pastor Bill Peters of the Unified Baptist Church. The Pledge of Allegiance was led by Hector Vargas, a fourth grade student from Cypress Elementary School. Mayor and Common Council of the City of San Bernardino Page 2 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of Gilbert McCory v. City of San Bernardino, the Council gave settlement direction by vote of 5-0, with Council Members Valdivia and Richard absent; In the matter of Shirley Allen v. City of San Bernardino, the Council gave settlement direction by vote of 4-1, with Council Member Nickel voting "no" and Council Members Valdivia and Richard absent. Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: In the matter of City v. Zubiate, the Council gave settlement direction by vote of 5-0, with Council Members Valdivia and Richard absent. Under Agenda Item No. 1 G, Conference with real property negotiator: In the matter of Property: 904 S. Foisy Street (APN: 0280-131-23) the Council gave settlement direction by vote of 5-0, with Council Members Valdivia and Richard absent. 3. Appointments No appointments were made at this meeting. 4. Presentations 4A. Proclamation Designating December 5, 2016 as Jack Hill Day Council Member Mulvihill read and presented a proclamation to Mr. Hill. 4B. Presentation to First Responders (Military Veterans) of December 2, 2015 — Fine Arts Commission and Quilts of Valor Program Fine Arts Commissioner Deb Bunger and Deanna Bryce from Pomona Valley Quilts of Valor presented quilts to the San Bernardino first responders, who are also veterans, in honor of the service they provided to the City on December 2, 2015. 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. Mayor and Common Council of the City of San Bernardino Page 3 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 5. Consent Calendar City Manager Mark Scott announced that Agenda Item 5D was being pulled from the agenda and would be considered at a later date. Council Member Marquez pulled Agenda Item 51 for clarification purposes. Public Comments: Scott Olson, San Bernardino RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5A. City Clerk Waive Full Reading of Resolutions and Ordinances [Ward(s): All] Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated December 5, 2016. RESULT: ADOPTED [7-0] JoaWN MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5B. City Clerk Council Minutes — November 21, 2016 Approved Motion: Approve the minutes of the Mayor and Common Council meeting of November 21, 2016, as submitted. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. City Clerk Request to Use City Seal Approved Motion: Grant Permission to the City Clerk to Use the City Seal on a Cookie Press. Mayor and Common Council of the City of San Bernardino Page 4 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5D. City Manager Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Lease Agreement Between the City of San Bernardino and 600 N. Arrowhead Street for the Lease of Office Space. This item was pulled from the agenda and not considered. 5E. Civil Service Personnel Actions - Classified Approved 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 [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5F. Community Development RES. 2016-246 - Resolution of the Mayor and Common Council of the City of San Bernardino, California Approving and Authorizing the Execution of a License Agreement for a Freestanding Freeway -Oriented Electronic Message Center Sign Located at 1630 S. "E" Street (APN: 0141-253-02) Within the Commercial General (Cg -1) Zone. Approved Motion: Adopt the Resolution. _._............... RESULT: MOVER: SECONDER: AYES: C� ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Virginia Marquez, Council Member, Ward 1 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 5G. Finance Approval of Commercial Checks and Payroll Checks Approved Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: MOVER: SECONDER: AYES: ADOPTED [7-0] John Valdivia, Council Member, Ward 3 Virginia Marquez, Council Member, Ward 1 Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5H. Public Works RES. 2016-247 - Resolution of the Mayor and Common Council of the City of San Bernardino Approving the Second Street Bridge Replacement Project (Bridge #54C-0411) for Which an Initial Study/Mitigated Negative Declaration was Prepared in Accordance with the California Environmental Quality Act and Adopting a Mitigation Monitoring and Reporting Program. Approved Motion: Adopt the Resolution. RESULT. ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 51. Public Works RES. 2016-248 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager, or Designee, to Sign and Submit a Cooperative Work Agreement Extension Request to the California Department of Transportation (Caltrans) for the Extended Use of Federal Funds Encumbered for the Mt. Vernon Bridge Replacement Project (Federal Project Id-. Brls- 5033(042)) and Second Street Bridge Replacement Over Warm Creek, Bridge No. 54C-0411 (Federal Project Id: Brls-5033(052). Approved Motion: Adopt the Resolution. RESULT: ADOPTED [7-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 ce AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and Common Council of the City of San Bernardino Page 6 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 5J. Public Works RES. 2016-249 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 2 to the Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP Project No. Ss04-012 and Federal Aid Project No. Brls-5033 (042). Approved Motion: Adopt Resolution. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 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, California Adopting a Categorical Exemption and Approving Development Code Amendment 16-09 Amending Chapter 19.06 (Commercial Zones), Section 19.06.010(2)(G) (Commercial Regional, Tri-City/Club Zone), Section 19.06.020(E)(3) (Development Permitted and Conditionally Permitted Uses) (Eating/Drinking Establishments)(Restaurants with Drive-Thru), and Section 19.06.030(2)(H)(1) (Development Standards)(Specific Standards for Commercial Zones) (D rive -Th ru Restaurants) of the Development Code (Title 19) of the City of San Bernardino Municipal Code. (FIRST READING) 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: Roger Henderson, San Bernardino Approved Motion: 1) Close the Public Hearing; and 2). Approve the introduction of the Ordinance (Attachment 1) and direct City staff to schedule the second reading and adoption of the Ordinance on the consent calendar of the next regularly scheduled meeting of the Mayor and Common Council. Mayor and Common Council of the City of San Bernardino Page 7 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6B. Community Development Ordinance of the Mayor and Common Council of the City of San Bernardino, California Approving General Plan Amendment 16-03 to Change the General Plan Land Use Designation of Approximately 11.02 Acres from Residential Urban to Residential Medium and Development Code Amendment (Zoning Map Amendment) 15-01 to Change the Zoning District from Residential Urban (RU) to Residential Medium (RM) in Order to Allow the Development, Establishment and Operation of Mary's Village Located on the North Side of Walnut Street Between Pico Avenue and San Marcos Street. (FIRST READING); and RES. 2016-250 - Resolution of the Mayor and Common Council of the City of San Bernardino, California Adopting a Mitigated Negative Declaration and Approving Subdivision 15-02 (Tentative Parcel Map 19648) and Approving Conditional Use Permit 15-09. 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: In Suppon`: Michael Hein, Mary's Mercy Center (Applicant) Terry Kent, Board Member, Mary's Mercy Center Fr. Manuel Cardoza, San Bernardino Ray Osborne, Executive Director, HomeAid Inland Empire Ron Drews, Central City Lutheran Mission John Morrissey, Board Member, Mary's Mercy Center Kent Paxton, San Bernardino Carlos Rodriguez, Rancho Cucamonga Pastor Joshua Beckley, San Bernardino Rev. Leonard DePasquale, San Bernardino Kathleen McDonnell, Dignity Health, San Bernardino Fr. Mike Barry, Oak Hills Sandi Roberts, San Bernardino Shaana Boehm, San Bernardino Dr. Tapie Rohm, San Bernardino M. Victoria Bianci, San Bernardino Aaron Cox, San Bernardino Marsha Holguin, San Bernardino Mayor and Common Council of the City of San Bernardino Page 8 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 613. Continued In Opposition: Scott Olson, San Bernardino Juan Figueroa, San Bernardino Applicant Michael Hein turned in petitions in support of the project to the City Clerk. Approved Motion: 1) Close the Public Hearing; 2) Approve the introduction of the Ordinance and direct City staff to schedule the second reading and adoption of the Ordinance on the consent calendar of the next regularly scheduled meeting of the Mayor and Common Council; and 3) Adopt the Resolution. RESULT: ADOPTED [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Mulvihill NAYS: Valdivia, Nickel, Richard 7. Public Comments on Items not on the Agenda Robert Porter, San Bernardino, spoke about the Turkey Trot 5K Race and the memorial for the December 2, 2015 event. He said he was missing Mike Wetzel, his fraternity brother who died in the attack. Scott Olson, San Bernardino, clarified that the Ho -Ho parade was not open to the public and they would not want people to join the parade as it passed. He spoke about the new Charter and suggested that the elected City Attorney be replaced with an appointed attorney now that it had been approved by voters. 8. Items to be Referred to Council Committees None. 9. Announcements from Mayor, Common Council and Executive Staff 's7 Mayor and Common Council of the City of San Bernardino Page 9 Printed 11/8/2016 Joint Regular Meeting Minutes December 5, 2016 10. Adjournment The meeting adjourned at 8:04 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, December 19, 2016. "Gigf Ionna, CMC City Clerk x 0 Mayor and Common Council of the City of San Bernardino Page 10 Printed 11/8/2016