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Home My WebLink About08-01-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 290 North D Street Virginia Marquez San Bernardino, CA 92401 Benito 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 WEDNESDAY, AUGUST 1, 2018 The Joint Regular Adjourned Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:06 P.M., Wednesday, August 1, 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 4:06 PM Benito J. Barrios Council Member, Ward 2 Late 4:18 PM John Valdivia Council Member, Ward 3 Late 4:16 PM Fred Shorett Council Member, Ward 4 Present 4:06 PM Henry Nickel Council Member, Ward 5 Late 6:03 PM Bessine L. Richard Council Member, Ward 6 Present 4:06 PM James Mulvihill Council Member, Ward 7 Present 4:06 PM R. Carey Davis Mayor Present 4:06 PM Georgeann "Gigi" Hanna City Clerk Present 4:06 PM Gary D. Saenz City Attorney Present 4:06 PM Andrea Miller City Manager Present 4:06 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 8/1/2018 Joint Regular Meeting Minutes August 1, 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 Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755, and Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 Committee for Safer Neighborhoods and Schools v. City of San Bernardino, et al., San Bernardino County Superior Court Case No. CIVDS 1819250 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Rainbow Investment, Inc. City v. US Bank NA C. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957): City Attorney INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Reverend Pamela Moor, of First Christian Church. The Pledge of Allegiance was led by Roger Jaden Maciel, grandson of City Water Department employee Maria Posada. CLOSED SESSION REPORT City Attorney Saenz reported the following actions took place in Closed Session:  In re: City v. Rainbow Investment, Inc., the Council gave settlement directive by a vote of 4-0, with councilmembers Barrios, Valdivia and Nickel absent.  In re: City v. US Bank NA., the Council gave settlement directive by a vote of 4-0, with councilmembers Barrios, Valdivia and Nickel absent APPOINTMENTS There were no appointments at the meeting. PRESENTATIONS 1. Special Recognition – Mayor’s Youth Academy Internship Recipients The mayor honored two students who had been part of the Youth Academy Internship Program – Neda Chavez and Juan Resendez, students at Middle College High School. Mayor and City Council of the City of San Bernardino Page 2 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 2. Chamber of Commerce & Local Elected Officials Announcements Colin Strange announced the upcoming events of the Chamber of Commerce. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Linda Cooper, San Bernardino, suggested that the city invite people who want to open a business to choose a boarded up location, renovate them to city standards at their own expense, and then lease the storefront/ property for $100-$200 per month to promote revitalization. th Rikke Van Johnson, San Bernardino, invited the council to the 106 birthday party for Emma Shaw on August 11 at Anne Shirrells Park. Luis Ojeda, aka Khan d’Kuhlia, spoke about the clean-up efforts he is leading on Sundays in San Bernardino and said the group of 25-30 volunteers working with him call themselves “We Are the Change San Bernardino Volunteers,” and have cleaned up 24 illegal dump sites of 22 tons of trash. He invited people to join the group and said they could use tools for the clean ups. Ruben Gomez said his group wanted to inspire people to take action on things that are important to them and found Luis Ojeda’s group and have created a Facebook page to promote the work and raise awareness. He thanked Councilmember Shorett for providing doughnuts for the group. Jeanine Nielsen, Daisy’s Hope Foundation, spoke about the creation of the foundation; discussed the mission and concerns of the San Bernardino City Animal Care Foundation, said they had sent an email to city officials about the organization, asked to be included on the Animal Control Commission agenda for an open table discussion, and asked how to best contact city officials. CONSENT CALENDAR Council Member Marquez pulled item 5. The rest of the items were voted on with a single motion. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 1, 2018. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 3 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for July 2018. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 5. City Council Approval of Draft Minutes Council member Marques stated that she had made a comment at the previous meeting that she had not spoken to any tow service representatives Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of July 18, 2018, with correction. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 6. Commercial Lease with Trans America Auto Logistics, LLC for a Portion of the Parking Area at the Carousel Mall Approved Motion: Adopt the resolution. Reso. 2018-211 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Commercial Lease with Trans America Auto Logistics, LLC for an approximately 15.4-acre portion of the western side of the surface parking area of the Carousel Mall Site and authorizing certain related actions. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 4 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 7. Award of Construction Contract for Pavement Rehabilitation at Ten Locations to Matich Corporation Approved Motion: Adopt the resolution. Reso. 2018-199 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Matich Corporation, in the amount of $2,479,000 and authorizing a construction contingency in the amount of $247,000, for a total contract amount not to exceed $2,726,000; authorizing the Finance Director to amend the FY 2018/19 adopted budget to allocate Measure I Funds to the project; authorizing the City Manager or designee to sign all necessary documents; and authorizing the City Manager to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 8. Cooperative Agreement with the County of San Bernardino for Rehabilitation of Sterling Avenue and Base Line Street Approved Motion: Adopt the resolution. Reso. 2018-217 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the County of San Bernardino for Rehabilitation of Sterling Avenue and Base Line Street. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 9. First Amendment to the HF&H Consulting, LLC Agreement Approved Motion: Adopt the resolution. Reso. 2018-218 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the First Amendment to the Consultant Services Agreement with HF&H Consulting, LLC for as- Mayor and City Council of the City of San Bernardino Page 5 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 needed consulting services related to solid waste collection service rates. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 10. Cooperative Agreement with the City of Highland for Six Joint Projects Approved Motion: Adopt the resolution. Reso. 2018-201 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Cooperative Agreement with the City of Highland for Six Joint Projects. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 11. Authorize the Execution of a Vendor Services Agreement and Issue a Purchase Order to NPA Computers, Inc. for System Maintenance Services in an Amount Not to Exceed $108,108 Speaker Dean Cooper Approved Motion: Authorize the City Manager or her designee to execute a Vendor Services Agreement and issue a Purchase Order for system maintenance services with NPA Computers, Inc. in an amount not to exceed $108,108. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 6 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 12. FY 2018/19 Senior Companion Program Grant Funding Appropriation Speaker Shirley Harlan Approved Motion: Adopt the resolution. Reso. 2018-219 Resolution of the Mayor and City Council of the City of San Bernardino, California, ratifying the grant application submittal, accepting the grant award of $287,788, appropriating grant revenue expenditures, and allocating grant match expenditures for the Senior Companion Program (SCP) for the period of July 1, 2018 through June 30, 2019. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 13. FY 2018/19 Senior Nutrition Program Grant Funding – Third Year of a Three Year Grant Award Approved Motion: Adopt the resolution. Reso. 2018-220 Resolution of the Mayor and City Council of the City of San Bernardino, California, ratifying the execution of the third year of a three-year Grant Allocation on County Contract 16-389 with the County of San Bernardino, Department of Aging and Adult Services (DAAS); accepting the grant amount of up to $335,000; appropriating grant expenditures; issuing annual food services and consumable product purchase orders to Sysco Foods, Merit Day, and Smith Distribution; and issuing an annual purchase order to Consulting Health & Nutrition Services for the period of July 1, 2018 through June 30, 2019 for the Senior Nutrition Program. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 7 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 14. Authorize Execution of Vendor Services Agreement and Purchase Order to West Coast Lights & Sirens for Police Vehicle Equipment Approved Motion: Adopt the resolution. Reso. 2018-221 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Vendor Services Agreement between the City of San Bernardino and West Coast Lights & Sirens and the issuance of a Purchase Order in the amount of $253,280. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 15. Imposing Liens to Recover Costs for Code Enforcement Abatement Approved Motion: Adopt the resolution. Reso. 2018-222 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Mayor and City Council of the City of San Bernardino Page 8 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 16. Health Benefits Plan Year 2019 Approved Motion: Adopt the resolution. Reso. 2018-223 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving employer- paid health benefits contributions for benefit plan year 2019 and election of Mayor and City Council to receive the same benefit plan as the Management/Confidential bargaining unit. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 17. Development Code Amendment/Zoning Map Amendment 17-09 Approved Motion: Adopt the ordinance. MC-1500 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 17-09 to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels (APNs: 0280-142-25 and 36) containing a total of approximately 1.4 acres. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel Staff Reports 18. Boys and Girls Club of San Bernardino – Charter Status Speakers Vante Walker Myesha Hall Evian Goodman Thomas Slaughter Terrance Bradshaw A. Majadi Rosie Rodriguez Dallas Ahola Dolores Armstead Danny Tillman Approved Motion: Continue the item for 60 days to allow the city staff to investigate and to contact the Boys and Girls Club of Mayor and City Council of the City of San Bernardino Page 9 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 America to see if we can attempt to get the charter back and also allow Majadi’s new 501(c)3 to operate at the facility under a new name but existing lease options. RESULT: ADOPTED \[6-0\] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 19. Agreement with the Franchise Tax Board for Reciprocal Data Sharing Approved Motion: Adopt the resolution. Reso. 2018-225 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the Director of Finance to execute a reciprocal data sharing agreement with the Franchise Tax Board. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel 20. Request to Add CMFA Joint Powers Authority as a City of San Bernardino Provider Under the Property Assessed Clean Energy (PACE) Program Approved Motion: Direct staff to conduct research, review and prepare documents necessary to bring the item back to council. RESULT: ADOPTED \[7-0\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 21. League of CA Cities Mayors & Council Members Executive Forum and Advanced Leadership Workshops – June 27-29, 2018 Council Members Barrios, Nickel and Mulvihill attended the workshop and they provided reports on the experience. No vote was taken on this item. Mayor and City Council of the City of San Bernardino Page 10 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 22. Municipal Legal Services Approved Motion: Adopt the resolution. Reso. 2018-224 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Agreement with BB&K for municipal legal services and city attorney services. RESULT: ADOPTED \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 23. Submission of Two Ballot Measures to the Voters on the Regulation and Taxation of Cannabis Businesses Speakers Mark Estermyer Ben Eilenberg Approved Motion: Adopt the resolutions. Reso. 2018-227 Resolution of the Mayor and City Council of the City of San Bernardino, California, calling a general municipal election to be held in the City of San Bernardino on November 6, 2018 for the purpose of submitting to the voters an ordinance regulating commercial cannabis activities; requesting that the San Bernardino County Board of Supervisors consolidate said election with the State General Election to be conducted the same date and to permit the Registrar of Voters to provide election services; and setting rules for arguments and rebuttals for and against said measure. Reso. 2018-228 Resolution of the Mayor and City Council of the City of San Bernardino, California, calling a general municipal election to be held in the City of San Bernardino on November 6, 2018 for the purpose of submitting to the voters a general tax measure to establish a cannabis business tax; requesting that the San Bernardino County Board of Supervisors consolidate said election with the State General Election to be conducted on the same date and to permit the Registrar of Voters to provide election Mayor and City Council of the City of San Bernardino Page 11 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 services; and setting rules for arguments and rebuttals for and against said measure. 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 NOES: Valdivia 24. 2018 City County Conference Update – June 27-28, 2018 Council Member Shorett and Mayor Davis discussed the information they received at the conference. No vote was taken on this item. Public Hearings 25. Business Registration Liens Mayor Davis opened the public hearing and City Clerk Hanna swore in the person who wished to speak on the matter. Speaker Ben Eilenberg Approved Motion: Direct the Director of Finance to remove any properties from the Business Registration Liens List which are resolved prior to the hearing, except for the two mentioned by Eilenberg, and adopt the resolution. Reso. 2018-226 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties. 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 Quasi-Judicial Hearings 26. Appeal Filed by Pepe’s Towing Services on November 13, 2017 Pursuant to Municipal Code Section 2.64 Speakers Robert Ring, oppose Mike Armada, oppose Brent Anderson, oppose Clay Wooster, oppose Misty Lehr, oppose Luis Ojeda, support Mayor and City Council of the City of San Bernardino Page 12 Printed 8/30/2018 Joint Regular Meeting Minutes August 1, 2018 Michael Schaeffer, applicant’s attorney Approved Motion: Close the hearing and deny the appeal. RESULT: ADOPTED \[6-1\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill NOES: Nickel 27. Adjournment The meeting adjourned at 10:56 p.m. NOTE: 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 is scheduled for 4:00 p.m., Wednesday, August 15, 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 13 Printed 8/30/2018