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Home My WebLink About02-07-2018 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, FEBRUARY 7, 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 4:04 PM, Wednesday, February 7, 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 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:00 PM John Valdivia Council Member, Ward 3 Present 4:00 PM Fred Shorett Council Member, Ward 4 Absent ----------- Henry Nickel Council Member, Ward 5 Present 4:06 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 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 Glen Aire Mobilehome Park Corp., et al v. City of San Bernardino, et al, San Bernardino County Superior Court Case No. CIVDS 1114110 Quibillah J. Rasheed, et al, v. City of San Bernardino, et al, U.S. District Court Case No. CV14-00586 DMG (MRWx) Kiritkumar Patel, et al, v. Mark Scott, et al, San Bernardino County Superior Court Case No. CIVDS1609316 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): Pepe's Towing v. City of San Bernardino Deputy City Attorney Steven Graham said one item had arisen after the posting of the agenda and would need to be added to the Close Session agenda. Approved Motion: Find that the item arose after the posting of the agenda and add it to the closed session agenda as “one item.” RESULT: ADOPTED \[5-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Richard, Mulvihill ABSENT: Shorett, Nickel INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Chaplain Ray Miller of the San Bernardino Police Department th Chaplain Corps. Kyle Ngo, 6 grade student from Monterey Elementary School, led the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session:  In the matter of Quibillah J. Rasheed, et al, v. City of San Bernardino, et al, U.S. District Court Case No. CV14-00586 DMG (MRWx, the Council gave settlement directive by a vote of 6-0, with Councilmember Shorett absent. Mayor and City Council of the City of San Bernardino Page 2 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018  In the matter of Kiritkumar Patel, et al, v. Mark Scott, et al, San Bernardino County Superior Court Case No. CIVDS1609316, the Council gave settlement directive by a vote of 6-0, with Councilmember Shorett absent. APPOINTMENTS 1. Appointment of Jodi Buckley – Animal Control Commission – Council Member John Valdivia Approved Motion: Appoint Jodi Buckley to the Animal Control Commission. 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 2. Appointment of Brenda Bell – Parks and Recreation Commission – Council Member John Valdivia Approved Motion: Appoint Brenda Bell to the Parks and Recreation Commission. 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 2A. Election of Mayor Pro Tempore Mayor Davis asked that the election of Mayor Pro-tem be considered at this point in the meeting. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Approved Motion: Elect Henry Nickel as Mayor Pro Tem. Mayor and City Council of the City of San Bernardino Page 3 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett PRESENTATIONS 3. Certificates of Recognition – Cajon High School Football Team – CIF Regional Champions (88 certificates) – Council Members Henry Nickel and Bessine Richard The Cajon High School Football team received certificates of recognition for being CIP Regional Champions. 4. Chamber of Commerce & Local Elected Officials Announcements th Colin Strange announced the 110 installation of Chamber of Commerce officers later in the week and Roxanna Gracia of Assemblywoman Eloise Reyes’ office spoke about the dedication of the Rosa Park Statue and an upcoming workshop on statewide commission appointments. Consent Calendar Council Member Nickel pulled item 13 and 23. The City Manager asked that Item 14 not be considered at this meeting, and that Item 20 be continued to February 21. City Attorney Saenz announced that the minutes for the February Special Meeting had been updated. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated February 7, 2018. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and City Council of the City of San Bernardino Page 4 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 6. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for January 2017. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 7. City Council Approval of Draft Minutes City Attorney Saenz announced that the minutes for February 2, 2018 Special Meeting had been updated to indicate that Gem Montes supported the item and that Council Member Valdivia had been present. Approved Motion: Approve the minutes of the Mayor and City Council meetings of January 17, 2018, and Special Meetings of January 22, 2018 and February 1, 2018. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 8. Amendment No. 1 Change Order to the Jerry Lewis Family Swim Center Filtration Systems Replacement Project Approved Motion: Adopt the resolution. Reso. 2018-23 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment Number One to the existing Vendor Services Agreement with Commercial Aquatic Services, Inc. for the Jerry Lewis Pool filtration systems replacement at Perris Hill Park. Mayor and City Council of the City of San Bernardino Page 5 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 9. Agreement with Condor, Inc. for city-wide CDBG-funded Pool Plastering and Related Renovations at Various Recreational Facilities Approved Motion: Adopt the resolutions. Reso. 2018 -24 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Service Agreement with Condor, Inc. for pool re-plastering and related renovations at various facilities. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 10. Nunez Park Pool Filtration Replacement Approved Motion: Adopt the resolution. Reso. 2018 -25 Resolution of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager to execute a contract between the City of San Bernardino and California Waters Development Inc. for the Nunez Park Pool Filtration Replacement. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and City Council of the City of San Bernardino Page 6 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 11. Allocation of Un-Appropriated Senior Services Trust Account Revenue (Donations/Fundraisers) to the General Fund Expenditure Accounts for Senior Services Approved Motion: Adopt the resolution. Reso. 2018 -26 Resolution of the Mayor and City Council of City of San Bernardino, California, authorizing the Finance Director to allocate un-appropriated senior services trust account revenue from Donations and Fundraisers to the Parks, Recreation, and Community Services Department General Fund expenditure accounts for Senior Services in the amount of $9,900. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 12. Annual Purchase Order for Daniels Tire Service Approved Motion: Adopt the resolution. Reso. 2018 -27 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an Agreement and issuance of a Purchase Order with two single year renewal options to Daniels Tire Service for procurement of lights, heavy tires, and service by the Public Works Department Fleet Division. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 13. Purchase Order increase for City Wide Median Maintenance Approved Motion: Adopt the resolution. Reso. 2018 -28 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and Mayor and City Council of the City of San Bernardino Page 7 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 directing the Director of Finance to increase R P Landscape & Irrigation Purchase Order 2018-294, from a total of $45,760 to $77,798 for City Wide Median Maintenance. RESULT: ADOPTED \[6-0\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 14. BNSF Agreement related to the Mount Vernon Avenue Viaduct Replacement Project over the BNSF Railway Intermodal Yard This item was removed and not considered, at the request of the City Manager. 15. Amendment No. 4 to the Agreement with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2018 -30 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to an Agreement for Professional Services with AECOM Technical Services, Inc. for design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066 and amending the FY 17/18 Budget. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 16. Five-Year Capital Project Needs Analysis (2018/2019 through 2022/2023) for Measure "I" 2010-2040 Expenditures Approved Motion: Adopt the resolution. Reso. 2018 -31 Resolution of the Mayor and City Council of the City Mayor and City Council of the City of San Bernardino Page 8 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (2018/2019 through 2022/2023) for Measure I 2010-2040 Expenditures. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 17. Five-Year Capital Improvement Program (FY 2017-2022) for Measure I Local Expenditures Approved Motion: Adopt the resolution. Reso. 2018 -32 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Measure I Capital Improvement Program (FY 2017- 2022) for Measure I 2010-2040 Expenditures. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 18. Amendment No. 1 to the Memorandum of Understanding with the San Bernardino County Transportation Authority establishing a Quiet Zone Approved Motion: Adopt the resolution. Reso. 2018 -33 Resolution of the Mayor and City Council of City of San Bernardino, California, approving Amendment No. 1 to Memorandum of Understanding No. 17- 1001586 between the San Bernardino County Transportation Authority and the City of San Bernardino for the implementation of a quiet zone on the Shortway Subdivision. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and City Council of the City of San Bernardino Page 9 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 19. Street Light Program Update and Sixth Amendment to the Vendor Services Agreement with Quality Light and Electrical Mayor Davis announced he had received campaign contributions from this entity, recused himself and left the dais. Approved Motion: Adopt the resolution. Reso. 2018 -34 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of the Sixth Amendment to the Vendor Services Agreement with Quality Light and Electrical for street light repair services. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 20. Final Reading – General Plan Amendment 14-09 and Development Code Amendment (Zoning Map Amendment) 14-18 This item was continued to the February 21, 2018 meeting. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 21. Establish the Pool Maintenance Coordinator Classification and Job Description Approved Motion: Adopt the resolution. Reso. 2018 -35 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and approving the job description for Pool Maintenance Coordinator. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and City Council of the City of San Bernardino Page 10 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 22. Authorization to Purchase Dell VxRail Server Equipment in an Amount Not to Exceed $650,000 Approved Motion: Adopt the resolution. Reso. 2018 -36 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement with Dell/EMC, Inc. for the purchase of data center hardware and VMware software in an amount not to exceed $650,000. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 23. Charter Implementation – Ordinances Repealing and Replacing Municipal Code Chapter 2.17 General Provisions for Boards, Commissions and Citizen Advisory Committees and 2.76 City Council Sub-Committees – Final Reading and Adoption Speaker Gil Botello Karmel Roe Barbara Babcock Approved Motion: Adopt the ordinances. 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.” RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett Mayor and City Council of the City of San Bernardino Page 11 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 STAFF REPORTS 24. Draft Cannabis Regulations Speakers Chris Egger Aaron Cox Ivory Skidmore Mike Edwards Majid Seraj Bob Jenkins Eric Ewell John Lundt Deannie Gallaher Joe Doyle Mark Estermyer Karmel Roe Magie Noir No action was taken on this item. The council gave directions to staff regarding draft cannabis regulations. 25. Charter Implementation - Changes to the City of San Bernardino's Boards, Commissions and Citizen Advisory Committees Speakers Suzie Earp Margaret Worsley Dorothy Garcia Robert Porter Michelle Tacchia Jim Smith Deannie Gallaher Approved Motion: Introduce for first reading ordinances MC-1458, MC- 1459, MC-1460, MC-1462, and MC-1463; and adopt the resolutions. Reso. 2018-37 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Parks, Recreation, and Community Services Commission. Reso, 2018-38 Resolution of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2000-364 establishing the Food Policy Council. Mayor and City Council of the City of San Bernardino Page 12 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 RESULT: ADOPTED \[4-2\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Nickel, Richard, Mulvihill NOES: Barrios, Valdivia ABSENT: Shorett 26. Election of Mayor Pro Tempore This item was hear under Appointments, but is listed here to be consistent with the numbering system on the published agenda. Approved Motion: Elect Henry Nickel as Mayor Pro Tem. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSENT: Shorett 27. U.S. Conference of Mayors Mayor Davis gave a report about his attendance t the U.S. Conference of Mayors. PUBLIC HEARING 28. U.S. Veterans Social Service Housing Facility – Appeal 17-01 for Conditional Use Permit 17-14 and Minor Exception 17-06 The public hearing of Appeal 17-01, the Planning Commission’s denial of Conditional Use Permit 17-14 and Minor Exception 17-06, was continued to February 21, 2018. 29. Public Comments for Items Not on the Agenda Susan Longville, San Bernardino, thanked the Council, on behalf of San Bernardino Valley Municipal Water District for approving the settlement for the Sterling Natural Resources Center and Clean Water Factory. She thanked the City Manager for her guest editorial about how local governments should work together. Jack Freeman, San Bernardino, spoke about a community social and religious celebration at Glen Helen Amphitheater the following week. 30. Items to be Referred to CITY Council Committees 31. Announcements by Mayor, CITY Council and Executive Staff Mayor and City Council of the City of San Bernardino Page 13 Printed 2/8/2018 Joint Regular Meeting Minutes February 7, 2018 32. Adjournment The meeting adjourned at 10:36 p.m. 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 21, 2018 in the Council Chamber located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin 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 21, 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. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 14 Printed 2/8/2018