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HomeMy WebLinkAbout07-05-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 290 North D Street Virginia Marquez San Bernardino, CA 92401 Benito J. Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. 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 THURSDAY, JULY 5, 2018 COUNCIL CHAMBER 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 4:00 PM, Thursday, July 5, 2018, in the Council Chamber, 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 Late 5:33 PM John Valdivia Council Member, Ward 3 Present 4:00 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Present 4:08 PM Bessine L. Richard Council Member, Ward 6 Present 4:08 PM James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Andrea Miller City Manager 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 7/5/2018 Joint Regular Meeting Minutes July 5, 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 County of San Bernardino and City of San Bernardino v. The High Desert Partnership in Academic Excellence Foundation, Inc. San Bernardino Superior Court Case No. UDFS 1800988 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – 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. Chris Enterprises, Inc. City v. Sam and Paloma Gonzalez City v. CLG Property Management LP City v. Jose and Katherine Fonseca INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Scottie Lloyd, of Lutheran Church of Our Savior. The Pledge of Allegiance was led by Olivia McClintock, daughter of City Parks and Recreation employee Sean McClintock. CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session:  In re: County of San Bernardino and City of San Bernardino v. The High Desert Partnership in Academic Excellence Foundation, Inc. San Bernardino Superior Court Case No. UDFS 1800988 the Council gave settlement directive by a vote of 6-0, with councilmember Barrios absent.  In re: City v. Chris Enterprises, Inc. the Council gave settlement directive by a vote of 6-0, with councilmember Barrios absent.  In re: City v. Sam and Paloma Gonzalez the Council gave settlement directive by a vote of 6-0, with councilmember Barrios absent.  In re: City v. CLG Property Management LP the Council gave settlement directive by a vote of 6-0, with councilmember Barrios absent.  In re: City v. Jose and Katherine Fonseca the Council gave settlement directive by a vote of 6-0, with councilmember Barrios absent. PRESENTATIONS 1. Special Recognition for Estrella Moreno by Mayor R. Carey Davis Mayor Davis honored Ms. Moreno for more than 900 community service hours. Mayor and City Council of the City of San Bernardino Page 2 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 2. Chamber of Commerce & Local Elected Officials Announcements There were no announcements. Public Comments for Items Listed and Not Listed on the Agenda Shawn Hammed, Laguna Nigel, spoke about his company’s LED lighting solutions for the city. Robert Porter, San Bernardino, spoke about the prevalence of illegal fireworks during Independence Day celebrations. He asked that the council help the non-profits who would need ways to fundraise, absent the sales of legal fireworks, should the council decide to ban all fireworks in the city. Manny Acosta, San Bernardino, the owner of Pepe’s Towing said his company has tried to get a franchise agreement in the city for more than 18 years. He said they had never had such a problem with any other city in securing a towing contract. James Penman, San Bernardino, said a political deal was made several years ago to keep the six companies on the city’s towing list and exclude others. He said there was no justification for the city’s requirements for the tow companies and that several of the current companies were not in compliance with the city’s requirements. Darla Stern, San Bernardino, said there is a large gopher issue with the park next door to her on Lynwood Circle, near Sterling Avenue. She said the gophers are impeding onto her personal property. She also said the green belt area in front of her property is being cared for by her and is concerned about 5 dead trees and said they would like to cut out the trees if the city is not going to do anything. Mark Gutglueck, discussed approval of a commercial facility where hard alcohol would be sold, and said that two council members had received contributions from the property owner. He also spoke about the Grand Jury report released last week, the release of Mark Persico as Community Development Director, the history of proposed interim Community Development director Jeff Bloom, and asked that the mayor, council or city manager contact him about a newspaper story he is writing about the situation. Dr. Robert Newman, spoke in support of Pepe’s Towing and said he knew Manny Acosta to be a decent human being on several levels. CONSENT CALENDAR RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated July 5, 2018. Mayor and City Council of the City of San Bernardino Page 3 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for June 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of June 20, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Easements to Southern California Edison Company Across Water Department Property Located at 161 Dumas Street Approved Motion: Adopt the resolution. Reso. 2018-182 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Grant of Easements to the Southern California Edison Company across Water Department property located at 161 Dumas Street. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 4 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 7. Subordination of a Deed of Trust in Connection with 263 East 49Th Street San Bernardino, California Approved Motion: Adopt the resolution. Reso. 2018-185 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving a Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage th Relating to real property located at 263 East 49 Street, San Bernardino, California. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Reject Bids for Annual Guardrail Replacement and Installation Services Contract Approved Motion: Adopt the resolution. Reso. 2018-190 Resolution of the Mayor and City Council of the City of San Bernardino, California, rejecting bids for the Annual Guardrail Replacement and Installation Services Contract. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Application for Used Oil Payment Program Approved Motion: Adopt the resolution. Reso. 2018-191 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs for used oil recycling offered by CalRecycle and approving related authorizations. Mayor and City Council of the City of San Bernardino Page 5 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. License Agreement with Burrtec for a Permanent Encroachment at 111 E. Mill Street Approved Motion: Adopt the resolution. Reso. 2018-192 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a License Agreement with Burrtec Waste Industries, Inc. for the encroachment of a tubular steel fence at 111 E. Mill Street. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. San Bernardino Municipal Code Chapter 10.52 Speed Zones to Establish Speed Limit on “D” Street Between Highland Avenue and 28Th Street – FINAL READING Approved Motion: Adopt the ordinance. MC-1491 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 10.52 of the San Bernardino Municipal Code to reduce the speed limit on "D" Street between Highland Avenue and Twenty-Eighth Street from forty-five miles an hour to thirty-five miles an hour. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 6 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 12. Plan No. 13218 - Proposed Street Vacation of a Portion of “I” Street, Broadway Street and Main Street, South of 3Rd Street – Authorization to Proceed Approved Motion: Authorize staff to proceed with the investigation of the request to vacate a portion of “I” Street, Broadway Street, and Main Street for Plan No. 13218. RESULT: ADOPTED \[6-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 13. Special Counsel Services - Repealing Chapter 2.20 of the San Bernardino Municipal Code – FINAL READING Approved Motion: Adopt the ordinance. MC-1498 Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 2.20 of the San Bernardino Municipal Code related to Special Counsel Services. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Weed Abatement Services Contract with the County of San Bernardino Approved Motion: Adopt the resolution. Reso. 2018-194 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for weed abatement services. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 7 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 15. Professional Services Agreement with Jeffrey A. Bloom Approved Motion: Adopt the resolution. Reso. 2018-196 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Jeffrey A. Bloom for the position of Interim Director of Community Development (U). RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Certified Election Results Approved Motion: Adopt the resolution. Reso. 2018-214 Resolution of the Mayor and City Council of the City of San Bernardino, California, reciting the fact of the Primary th Municipal Election held in said City on the 5 Day of June 2018, declaring the results thereof and setting forth such other matters as are provided by law. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 8 Printed 7/5/2018 Joint Regular Meeting Minutes July 5, 2018 Staff Reports 17. Bylaws Part I – Animal Control Commission, Library Board, Planning Commission and Public Safety and Human Relations Commission Approved Motion: Adopt the resolution. Reso. 2018-195 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting bylaws establishing operating guidelines for the Animal Control Commission, Library Board, Planning Commission, and the Public Safety and Human Relations Commission. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Ballot Initiative The Council agreed via consensus that the City Attorney Office and City Manager office would do an analysis of the cannabis initiative “San Bernardino Regulate and Taxation of Marijuana Act of 2018” and return to council with it. No vote was taken on this item. 19. Charter and Municipal Code Provisions Related to Official Positions and Duties of Officers This item was pulled at the request of the City Attorney. City Manager Mille said there would be a workshop on the subject scheduled for late July or early August. 20. Adjournment The meeting adjourned at 5:50 p.m. in memory of Michael Baca. 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 4:00 p.m., Wednesday, July 18, 2018, in the Council Chamber, 201 North “E” Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 9 Printed 7/5/2018