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Home My WebLink About01-17-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 300 North "D" Street Virginia Marquez San Bernardino, CA 92418 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill MINUTES F OR THE J OINT R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND THE M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OINT P OWERS F INANCING A UTHORITY WEDNESDAY, JANUARY 17, 2018 4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:03 PM, Wednesday, January 3, 2018, in the Board Room, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:03 PM Benito J. Barrios Council Member, Ward 2 Absent ---------- John Valdivia Council Member, Ward 3 Absent ---------- Fred Shorett Council Member, Ward 4 Present 4:03 PM Henry Nickel Council Member, Ward 5 Late 4:38 PM Bessine L. Richard Council Member, Ward 6 Present 4:03 PM James Mulvihill Council Member, Ward 7 Present 4:03 PM R. Carey Davis Mayor Present 4:03 PM Georgeann "Gigi" Hanna City Clerk Present 4:03 PM Gary D. Saenz City Attorney Present 4:03 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 Closed Session A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS 1702219 Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1702131 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County Superior Court Case No. CIVDS 1704276 Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS 1712424 Michael Clark v. City of San Bernardino, WCAB Case Nos. ADJ197009; ADJ2778609; ADJ9841204; ADJ9841206 Anthony Giordano v. City of San Bernardino, WCAB Case No. ADJ9967500 Marci Atkins v. City of San Bernardino, WCAB Case Nos. ADJ9118460; ADJ9118463; ADJ9074842; ADJ9118466; ADJ9118453 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Sherman Dumas, of King and Culture Center led the invocation. Juliana Martinez, a fourth grader at Marshall Elementary School, led the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session:  Michael Clark v. City of San Bernardino, WCAB Case Nos. ADJ197009; ADJ2778609; ADJ9841204; ADJ9841206 The Council gave settlement directive by a vote of 5-0, with Councilmembers Barrios and Valdivia absent.  Anthony Giordano v. City of San Bernardino, WCAB Case No. ADJ9967500 The Council gave settlement directive by a vote of 5-0, with Councilmembers Barrios and Valdivia absent.  Marci Atkins v. City of San Bernardino, WCAB Case Nos. ADJ9118460; ADJ9118463; ADJ9074842; ADJ9118466; ADJ9118453 The Council gave settlement directive by a vote of 5-0, with Councilmembers Barrios and Valdivia absent. Mayor and City Council of the City of San Bernardino Page 2 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 Presentations 1. Recognition of the Mayor’s Youth Academy Interns – Mayor R. Carey Davis Mayor Davis honored Princesa Herrera and Michael Robledo, the first two students to be named interns in the Mayor’s office after shadowing him for a day, writing about the experience, and then having their essays chosen among those who participated. 2. Student of the Month – Breahna Singer, Arroyo Valley High School – Council Member Bessine Richard Council member Richard honored Breahna Singer, a senior at Arroyo Valley High School, for her academic and achievements, including a 4.7 grade point average. Senator Steinorth’s office also lauded Ms. Singer for her efforts. 3. Citizen of the Month – Joe Ortiz – Council Member James Mulvihill Council Member Mulvihill honored Mr. Ortiz for his efforts to keep his neighborhood safe. Senator Steinorth’s office also lauded Mr. Ortiz for his efforts. 4. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens announced the upcoming Chamber of Commerce Activities. Roxana Graciana announced activities from Assemblywoman Eloise Reyes’ office and announced the unveiling of the Rosa Arks statue at 4th and D street on Friday, February 2 and invited people to the ceremony. Consent Calendar Council Member Nickel pulled items 10 and 12 for further discussion. The remaining Consent Calendar items were voted on in a single vote: RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated January 3, 2018. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 6. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for December 2017. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 7. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Special Meeting of December 13, 2017 and Regular Meeting of January 3, 2018. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 8. Contract Change Order No. One for 9Th Street and Arrowhead Avenue Signal Upgrade Approved Motion: Adopt the resolution. Reso. 2018-12 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Contract Change Order No. One in the amount of $17,500.00 to a contract with DBX, Inc., for 9th Street and Arrowhead Avenue Signal Upgrade, Highway Safety Improvement Program \[HSIPL-5033(051), Advantage Project ID 0812000004, Per Plan No. 12811 (TC12-002)\]. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 9. Contract Change Order No. One for 9Th Street and Sierra Way Signal Upgrade Approved Motion: Adopt the resolution. Reso. 2018-13 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Contract Change Order No. One in the amount of $17,500.00 to a contract with DBX, Inc., for 9th Street and Sierra Way Signal Upgrade, Highway Safety Improvement Program \[HSIPL-5033(050), Advantage Project ID 0812000003, Per Plan No. 12810 (TC12-001)\]. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 10. Biennial Review and Amendments to the City’s Conflict of Interest Code Approved Motion: Add Planning Commissioner to Disclosure Category 1 in the City’s Conflict of Interest Code, require Planning Commissioners to receive AB 1234 Ethics training; and Adopt the resolution. Reso. 2018-14 Resolution of the Mayor and City Council of the City of San Bernardino and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency Amending Resolution No. 2015-275, and Appendix A and amending the City's Conflict of Interest Code. RESULT: ADOPTED \[6-0\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 11. Ordinance Amending San Bernardino Municipal Code Chapter 2.56 Related to Elections – Final Reading and Adoption Approved Motion: Adopt the ordinance. MC-1453 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.56 of the City of San Bernardino Municipal Code related to elections to implement the provisions of the newly adopted Charter. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 12. Re-Declaration of Intent to Establish Assessment District No. 1056 for the Cost of Landscape Maintenance in the Magnolia Avenue and Garfield Street Area Relative to Tentative Tract No. 16502 Speakers Karmel Roe Approved Motion: Adopt the resolutions. Reso. 2018-15 Resolution of the Mayor and City Council of the City of San Bernardino, California, rescinding Resolution 2017-246 regarding the formation of Assessment District No. 1056. Reso. 2018-16 Resolution of the Mayor and City Council of the City of San Bernardino, California, preliminarily determining that Public Convenience and Necessity require the formation of a landscape maintenance assessment district located in the Magnolia Avenue and Garfield Street Area without compliance with the Special assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1056; preliminarily approving the Engineer’s Report and giving Notice of a Public Hearing. Mayor and City Council of the City of San Bernardino Page 6 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 Staff Report 13. Charter Implementation – Municipal Code Chapter 2.17 General Provisions for Boards, Commissions, and Citizen Advisory Committees and 2.76 City Council Sub-Committees Speakers Jim Smith Dorothy Garcia Erin Chester Harvey Sandra Ibarra Scott Olson Approved Motion: Introduce ordinances MC-1454 and -1455; and adopt the resolution. MC-1454 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.17 of the San Bernardino Municipal Code related to “Boards, Commissions and Citizen Advisory Committees-General.” MC-1455 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.76 of the San Bernardino Municipal Code related to “City Council Sub- Committees.” Reso. 2018-17 Resolution of the Mayor and City Council of the City of San Bernardino, California, dissolving all City Council Sub- Committees with the exception of the CDBG Sub-Committee and the Hometown Military Banner Sub-Committee. RESULT: ADOPTED \[5-1\] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Shorett, Nickel, Richard, Mulvihill NAYS: Valdivia, Council Member, Ward 3 ABSENT: Barrios, Council Member, Ward 2 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 Public Hearings 14. U.S. Veterans Social Service Housing Facility – Appeal 17-01 for Conditional Use Permit 17-14 and Minor Exception 17-06 Mayor Davis opened the hearing and City Clerk Hanna swore in those who wished to speak on the matter. Speakers Kent Tremble, applicant Eddie Estrada, Executive Director, US Vets, in support Jim Cannizzaro, in support Mark A Rodriguez, in support Marcus Dillard, in support Sandra Ibarra, opposed Karmel Roe, opposed Jason Barber, in support Approved Motion: Continue the hearing to February 7, 2018. RESULT: ADOPTED \[5-1\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Nickel, Richard, Mulvihill NAYS: Henry Nickel, Council Member, Ward 5 ABSENT: Barrios, Council Member, Ward 2 15. General Plan Amendment 14-09, Development Code Amendment (Zoning Map Amendment) 14-18, and Development Permit Type-D 16-25 Mayor Davis opened the hearing and City Clerk Hanna swore in those who wished to speak on the matter. Speakers Kent Norton, LSA Associates, project consultant Douglas Shermatt (cq?), opposed Peter Harper, via written correspondence Karmel Roe, opposed Approved Motion: Introduce ordinance MC-1456; adopt the resolution; and schedule the second reading of the ordinance for February 7, 2018. MC-1456 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving General Plan Amendment 14-09 and Development Code Amendment (Zoning Map Amendment) 14-18 to change the General Plan Land Use Mayor and City Council of the City of San Bernardino Page 8 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 Designation from Multi-Family Residential to Industrial and Zoning District Classification from Residential Medium High (RMH) to Industrial Light (IL) of an area containing approximately 20.30 acres (APN: 1192-181-01, and 1192- 201-04); and Reso. 2018-19 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and approving Development Permit Type-D 16- 25 to allow the development, establishment and operation of an industrial high cube logistics warehouse building containing approximately 420,000 square feet on a site containing approximately 20.30 acres, along with the construction of the required on-site and off-site th improvements, located on the north side of 6 Street and east of north Sterling Avenue; and RESULT: ADOPTED \[6-0\] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 16. Conduct a Public Hearing on the Proposed Vacation of Portions of Home Avenue, “I” Street, and Montgomery Street and the Reservation of Utility Easements Therein Mayor Davis opened the hearing and City Clerk Hanna swore in those who wished to speak on the matter. Speakers Ed Bonidamen, applicant’s consultant Robert Alcacera (cq?), in support John Minitoli (cq?), in support Shane Brickley, applicant Veronica Navarette, opposed Scott Navarette, opposed Michelle Gardino, opposed (cq?) Grace Johnson, in support Celeste Navra (cq?), in support Approved Motion: Close the public hearing and adopt the resolution. Reso. 2018-20 Resolution a Resolution of the Mayor and City Council of the City of San Bernardino, California, ordering the vacation of portions of Home Avenue, “I” Street, and Montgomery Street and the reservation of utility easements therein. Mayor and City Council of the City of San Bernardino Page 9 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 RESULT: ADOPTED \[5-0-1\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Valdivia, Council Member, Ward 3 ABSENT: Barrios, Council Member, Ward 2 17. Substantial Amendment to the FY 2017-2018 Action Plan Mayor Davis opened the hearing and City Clerk Hanna swore in those who wished to speak on the matter. Speaker Karmel Roe, in support Approved Motion: Close the public hearing and adopt the resolution. Reso. 2018-21 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Substantial Amendment to the HUD Fiscal Year 2017-2018 Action Plan. RESULT: ADOPTED \[6-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 18. Imposing Liens to Recover Costs for Code Enforcement Abatement Mayor Davis opened the hearing and City Clerk Hanna swore in those who wished to speak on the matter. Speakers Approved Motion: Close the public hearing and adopt the resolution. Reso. 2018-22 Resolution of the Mayor and City Council of the City of San Bernardino, California, confirming costs of abatement of public nuisances and imposing liens on certain real property located within the City of San Bernardino for those costs of abatement. Mayor and City Council of the City of San Bernardino Page 10 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 19. Continue Public Hearing – Appeal of Pepe’s Towing Approved Motion: Continue the Public Hearing to February 21, 2018. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Council Member, Ward 2 20. Public Comments on Items Not on the Agenda Sung Kim, Colton, spoke about the City of San Bernardino being a gold mine. Sandra Ibarra, San Bernardino, spoke about various events in San Bernardino, including a tree planting and asked that the City set aside $200,000 to $400,000 for Fine Arts funding. Karmel Roe, San Bernardino, spoke about hearing about a marijuana meeting next Monday in San Bernardino. She said she was confused if it was happening and asked for clarification. Scott Olson, San Bernardino, said the campaigns for 2018 had begun. He said 2013 was a pivotal year in city history when there had been a promise of a clean sweep, but that had not happened. He spoke about the history of the City Manager. 21. Items to be Referred to Council Committees 22. Announcements by Mayor, City Council and Executive Staff 23. Adjournment The meeting adjourned at 10:52 p.m. in honor of Mabel R. Beddinger, mother of Judi Penman TO Monday, January 22, at 9 a.m. for a workshop on marijuana. 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, February 7, 2018 at 4:00 p.m. in the Council Chamber located at 201 N. E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 11 Printed 1/17/2018 Joint Regular Meeting Minutes January 17, 2018 By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 12 Printed 1/17/2018