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HomeMy WebLinkAbout09-05-2018 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 James 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, SEPTEMBER 5, 2018 COUNCIL CHAMBER 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 5:06 P.M., Wednesday, September 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 5:16 PM John Valdivia Council Member, Ward 3 Late 5:05 PM Fred Shorett Council Member, Ward 4 Present 4:00 PM Henry Nickel Council Member, Ward 5 Absent --------- Bessine L. Richard Council Member, Ward 6 Absent --------- James Mulvihill Council Member, Ward 7 Present 4:00 PM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 3:41 PM Gary Saenz City Attorney Present 4:00 PM Sonia Carvalho Chief Assistant City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 9/5/2018 Joint Regular Meeting Minutes September 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 John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127 and ADJ9367163 Eric Chappell v. City of San Bernardino, WCAB Case Nos. ADJ1978610; ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259 Center for Biological Diversity, et al. v. City of San Bernardino, Case No. CIVDS1706284 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): Three cases INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Joshua Beckley of Ecclesia Christian Fellowship. The Pledge of Allegiance was given by Noah De La Torre, a sixth grade student at Parkside Elementary School. CLOSED SESSION REPORT City Attorney Gary Saenz explained the relationship between his duties and those of contract Chief Assistant City Attorney Sonia Carvalho. Ms Carvalho reported the following actions were taken in Closed Session:  In re: John Wakefield v. City of San Bernardino, WCAB Case Nos. ADJ3044127 and ADJ9367163, the council voted 5-0 to settle the matter for $130,000, with council members Nickel and Richard absent.  In re: Eric Chappell v. City of San Bernardino, WCAB Case Nos. ADJ1978610; ADJ5823506; ADJ8036970; ADJ9385152; and ADJ 9385259, the council voted 5-0 to settle the matter for $250,000, with council members Nickel and Richard absent. Mayor and City Council of the City of San Bernardino Page 2 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 APPOINTMENT 1. Planning Commission Appointment Approved Motion: Appoint Ms. Elizabeth P. Sanchez to the Planning Commission. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard PRESENTATIONS 2A. Issuance of Proclamation: Proclaim the Month of September 2018 as National Preparedness Month Chief Burguan said the city has never officially recognized National Preparedness Month and said that the City had a robust Community Emergency Response Team that people can be part of if they chose to participate in emergency preparedness. 2B. Chamber of Commerce & Local Elected Officials Announcements Yvonne Powers, representing the San Bernardino Chamber, read the Chamber announcements for the coming weeks. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Roger Henderson, San Bernardino, said that the City’s proposed purchase of automobiles from a vendor outside of the city was not doing right by the business people of the city. Barbara Babcock, San Bernardino, asked why Fairview Ford was not one of the vendors listed to offer a bid for new city vehicles. She said that the city needs to be business friendly. Paul Sanborn, San Bernardino, decried a mailer sent out against John Valdivia and said the City Manager should move to town. Alice Chow spoke about the San Bernardino Animal Care Foundation and asked questions about the timing and process for hiring animal shelter workers. Luis Ojeda, aka Khan D’Kulia, San Bernardino, spoke about We Are the Change group, expressed sorrow for the people killed and injured by the recent shootings, and praised Officer Taylor for doing a good job. He also spoke about his efforts to clean up the city and said it took him months to meet with the city staff about the issue, but it was useless because they weren’t interested in change. Marilyn Bundage, of Bloomington, said she was unhappy with trucks at the property behind her house in Bloomington. Robert Porter, San Bernardino, said he wished Mr. Penman had been on the side of cannabis when he was City Attorney. He said the city manager needs to realize that she Mayor and City Council of the City of San Bernardino Page 3 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 is asking people to risk their lives when she asks that they report criminal behavior in their neighborhoods. Nate Pasquale, of the East Valley Association of Realtors, spoke to the council in support of Prop. 5, the Property Tax Fairness Initiative on the November ballot. Consent Calendar The City Manager pulled items 12, 13, and 14 from the agenda for consideration at a later date. Council Member Valdivia pulled items 8, 18 and 22 for further discussion. The rest of the items were voted on with a single motion: RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 5, 2018. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for August 2018. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 5. Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meetings of August 1, 2018 and August 15, 2018. Mayor and City Council of the City of San Bernardino Page 4 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 6. Amended and Restated Professional Services Agreement Between Goldman, Magdalin and Krikes, LLP and the City of San Bernardino Approved Motion: Authorize the City Manager to execute the Amended and Restated Professional Services Agreement between Goldman, Magdalin and Krikes (GMK), LLP and the City of San Bernardino, California for workers’ compensation legal services. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 7. Award of Construction Contract for Pool Plastering at Various Recreational Facilities - Phase II to Condor, Inc. Approved Motion: Adopt the resolution. Reso 2018-233 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the award of a construction contract with Condor, Inc., authorizing the City Manager to execute a contract in the amount of $439,147 for pool plastering at various recreational facilities, authorizing a construction contingency in the amount of $43,915, and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard Mayor and City Council of the City of San Bernardino Page 5 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 8. Award of Construction Contract for City Hall Parking Structure Deck Waterproofing to Angelus Waterproofing and Restoration, Inc. Approved Motion: Adopt the resolution. Reso 2018-242 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Angelus Waterproofing and Restoration, Inc. in the amount of $462,250, authorizing a construction contingency in the amount of $46,225, authorizing the Finance Director to amend FY 2018/19 Adopted Budget by carrying over and transferring remaining FY 2017/18 funds from account number 001-090- 0053-5505 in the amount of $534,000 to a project account to be established, and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 9. Amendment No. 1 to the HOME Investment Partnerships Program Infill Housing Development Master Agreement Approved Motion: Authorize the execution of Amendment No. 1 to the HOME Investment Partnerships Program Infill Housing Development Master Agreement and authorize the City Manager or designee to take any further actions and execute additional documents as necessary to effectuate the agreement. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 10. First Amendment to the Infrastructure Engineers for Staff Augmentation Services Approved Motion: Adopt the resolution. Mayor and City Council of the City of San Bernardino Page 6 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 Reso 2018-243 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 Service Agreement with Infrastructure Engineers for Senior Engineer Services and authorizing the Director of Finance to increase the Purchase Order by $200,000. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel, Richard 11. State Library Grant Funding Appropriation Approved Motion: Accept three individual grants awards from California State Library (CSL) for library books and literacy totaling $30,000 and authorizing the Director of Finance to amend the FY2018/19 library budget accordingly. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill ABSENT: Nickel, Richard 12. Issuance of a Purchase Order to Nixon-Egli Equipment Company for the Purchase of One (1) 2019 PB B-4 Patch Truck Unit, Mounted on a 2019 F750 Gas Chassis This item was pulled by the City Manager. No vote was taken on this item. 13. Issuance of a Purchase Order to National Auto Fleet Group for the Purchase of Two (2) 2018 Ford F Series Super Duty F-150 4WD with Super Crew Cab 6.75 Box Trucks This item was pulled by the City Manager. No vote was taken on this item. 14. Issuance of a Purchase Order to National Auto Fleet Group for the Purchase of Six (6) 2019 Ford F Series Super Duty F-350 4X2 with Crew Cab 6.75 Box Trucks This item was pulled by the City Manager. No vote was taken on this item. Mayor and City Council of the City of San Bernardino Page 7 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 15. Adopt CDBG Subrecipient Agreement with Neighborhood Partnership Housing Solutions, Inc. and Adopt the Policies and Procedures for Owner Occupied Residential Rehabilitation Program Approved Motions: Adopt the CDBG Subrecipient Agreement with Neighborhood Partnership Housing Services, Inc. for a term of one year to replace the existing Vendor Services Agreement, and Adopt the policies and procedures for Owner Occupied Residential Rehabilitation Program. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 16. Right-Of-Way Acquisition Services Agreement for the Widening of 40Th Street Between Johnson Street and Electric Avenue Approved Motion: Adopt the resolution. Reso 2018-248 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Consultant Services Agreement with Paragon Partners, LTD for Right-of-Way Acquisition Services for the widening of 40th Street between Johnson Street and Electric Avenue (SS04-014). RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 17. Third Amendment to the Engineering Resources of Southern California, Inc. Agreement Approved Motion: Adopt the resolution. Reso 2018-249 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the Third Amendment to the Consultant Services Agreement with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering Mayor and City Council of the City of San Bernardino Page 8 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 design services for the widening of 40th Street from Johnson Street to Electric Avenue (SS04-014). RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 18. Basic Compensation Plan for San Bernardino Police Department Approved Motion: Adopt the resolution. Reso 2018-250 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for the Police Department Ranges P-1 (Police Officer), P- 2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief), and Law Enforcement Trainee effective August 1, 2018. RESULT: ADOPTED \[5-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 19. Memorandum of Understanding with the County of San Bernardino Community Development and Housing Agency for Homeless Management Information System Approved Motion: Approve the Memorandum of Understanding (MOU) with the County of San Bernardino Community Development and Housing Agency (CDHA) for the Homeless Management Information System (HMIS), and Authorize the City Manager or her designee to execute a revised MOU should the language be revised by the CDHA, not including substantial changes, in consultation with the City Attorney. Mayor and City Council of the City of San Bernardino Page 9 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 20. Agreement with Joe A. Gonsalves & Son for Legislative Advocacy Services Approved Motion: Authorize the City Manager to execute a three-year Professional Services Agreement with the option of two one-year extensions between the City of San Bernardino and Joe A. Gonsalves & Son for Legislative Advocacy Services and authorize the Finance Director to execute a purchase order in an amount not to exceed $84,000 for Fiscal Year 2018/19. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 21. Resolution Suspending Special Tax for Special Tax Area 2006-1 and Establishing Tax Rate of Zero Approved Motion: Adopt the resolution. Reso 2018-254 Resolution of the Mayor and City Council of the City of San Bernardino, California, suspending imposition of special tax and establishing tax rate of zero for Special Tax Area 2006-1. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 22. Final Reading of Ordinance No. MC-1503 - Amending Chapter 5.10 of the San Bernardino Municipal Code Related to the Regulation of Commercial Cannabis Activities Speakers James Penman Wendy McCammack Mayor and City Council of the City of San Bernardino Page 10 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 Ben Eilenberg Council member Barrios originally voted yes, but after a short break returned to the dais and told the Mayor that he would like to change his vote to a no. Approved Motion: Accept for final reading and adopt the ordinance. MCC- 1503 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 5.10 of the San Bernardino Municipal Code related to the Regulation of Commercial Cannabis Activities. RESULT: ADOPTED \[3-2\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Shorett, Mulvihill NOES: Barrios, Valdivia ABSENT: Nickel, Richard Staff Reports 23. First Amendment to the Agreement with Westbound Communications, Inc. for Marketing and Public Relations Services Approved Motion: Authorize the City Manager to execute a First Amendment to the Professional Services Agreement with Westbound Communications, Inc. to increase the total compensation by $169,000 for an amount not to exceed $410,000 in FY2018-19, authorize the City Manager or designee to increase the purchase order for a total amount not to exceed $410,000, and authorize the Director of Finance to amend the FY2018-19 budget. RESULT: ADOPTED \[4-1\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Mulvihill NOES: Valdivia ABSENT: Nickel, Richard Mayor and City Council of the City of San Bernardino Page 11 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 24. Service Agreement with San Bernardino Chamber of Commerce for 2018 Rendezvous Back to Route 66 Approved Motion: Waive the fee of $39,834 and adopt the resolution. Reso. 2018-252 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Service Agreement between the City of San Bernardino and San Bernardino Chamber of Commerce to provide support services for Rendezvous Back to Route 66 2018 event. RESULT: ADOPTED \[4-1\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, NOES: Mulvihill ABSENT: Nickel, Richard 25. City of San Bernardino City Wide Events Planning Updates for Veterans Day Salute & Parade and Winter Wonderland 2018 Speaker Shirrell McCrary Approved Motion: Approve the Veterans Day Salute & Parade and Winter Wonderland 2018; and agree to allow the Disabled American Veterans to receive a $25 donation for each car registration and $40 donation for each vendor participating in the Veterans Day event as a fundraiser for cancer detection equipment for veterans. RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard Mayor and City Council of the City of San Bernardino Page 12 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 Public Hearings 26. Establish Compensation and Benefits for City-Elected Officials Helen Tran, Director of Human resources and Dr. Tom Pierce, chair of the Elected Official compensation commission presented the findings of the commission. Mayor Davis opened the meeting and Clerk Hanna swore in those who wished to speak on the matter. Speakers Paul Sanborn, opposed Deanna Adams, opposed Luis Ojeda, support Approved Motion: Continue the public hearing to September 19, 2018 RESULT: ADOPTED \[5-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard 27. Resolution of the Mayor and City Council of the City of San Bernardino Pursuant to Section 147(F) of the Internal Revenue Code of 1986 Approving the Issuance of Bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase II & III Project Approved Motion: Adopt the resolution. Reso 2018-253 Resolution of the Mayor and City Council of the City of San Bernardino, California, pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase II & III Project. RESULT: ADOPTED \[5-0\] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Mulvihill ABSENT: Nickel, Richard Mayor and City Council of the City of San Bernardino Page 13 Printed 9/5/2018 Joint Regular Meeting Minutes September 5, 2018 28. Adjournment The meeting adjourned at 9:27 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, September 19, 2018 in the Council Chamber located at 201 North “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 9/5/2018