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Home My WebLink About11-21-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 201 North E Street Virginia Marquez San Bernardino, CA 92401 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, NOVEMBER 21, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, November 21, 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 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 4:00 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Absent ---------- 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 Sonia Carvalho Senior 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 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 Closed Session The Council immediately went into closed session to consider the following issues: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk- 28006 MJ ii. Brett Birnbuam v. City of San Bernardino, WCAB Claim No. CSBY-9842 iii Rodney Mascis v. City of San Bernardino, WCAB Claim No. CSBY-9847 iv Steve Carrizales v. City of San Bernardino, WCAB Claim No. CSBY- 10136 v. David Allen v. City of San Bernardino, WCAB Case Nos. ADJ10388596; ADJ10392318; ADJ9829100; ADJ9829101; and ADJ10388599 vi. John Munoz v. City of San Bernardino, WCAB Case Nos. ADJ10080270 and ADJ10349598 vii. Scott Gauley v. City of San Bernardino, WCAB Case Nos. ADJ3255193; ADJ4591399; ADJ8772664; and ADJ8772663 viii. Dennis Han v. City of San Bernardino, WCAB Case Nos. ADJ10816736 and ADJ10816740 ix. Juan Ochoa v. City of San Bernardino, WCAB Case Nos. ADJ10816742 and ADJ10816734 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: i. Property Address: An approximately 0.17-acre vacant residential lot located at 1256 Wall Avenue, APN 0146-241-07 Agency Negotiator: Andrea Miller, City Manager Negotiator: Bennie Benton III Under Negotiation: Price and Terms of Purchase ii. Property Address: 780 N. “E” Street, APN 0140-273-21 Agency Negotiator: Andrea Miller, City Manager Negotiator: San Bernardino City Unified School District Under Negotiation: Price and Terms of Purchase C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4): One or more cases. D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation - Government Code Section 54956.9(d)(2). INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Hugh Harriston of Loveland Church. The Pledge was led by Iliana Munoz of Urbita Elementary School. Mayor and City Council of the City of San Bernardino Page 2 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 Closed Session Report Senior Assistant City Attorney Sonia Carvalho reported:  Items 2-9 listed under “existing litigation” (Pursuant to Government Code Section 54956.9(a) and (d)(1)) were approved for settlement by a vote of 4-0, with council members Barrios, Shorett and Mulvihill absent.  The council voted 4-0 with Barrios, Shorett and Mulvihill absent, to give the City Manager negotiation direction on the two properties listed under Item B (Pursuant to Government Code Section 54956.8).  The council voted 4-0 with Barrios, Shorett and Mulvihill absent, to approve two cases for settlement listed under Item C (pursuant to Government Code Section 54956.9 (d)(4)); and  Item D (concerning Government Code Section 54956.9(d)(2)) was continued. Presentations 1. Citizen of the Month – Paul Sanborn – Council Member Valdivia Councilmember Valdivia honored Paul Sanborn as the Citizen of the Month. 2. Youth Recognition – Richard Jones, San Andreas High School – Council Member Shorett Mayor Davis honored Mr. Jones for his academic acheivements in school. He also presented a certificate from Senator Mike Morrell. 3. Chamber of Commerce & Local Elected Officials Announcements The chamber’s upcoming activities were announced. The Chamber office will be closed the month of December. Public Comments for Items Listed and Not Listed on the Agenda Luis Ojeda, San Bernardino, spoke about his notices of code violation received this week. he said he would not get mad. he spoke about the issues he's seen across the city. He says if the rules are going to be applied they need to be applied across the board. Daniel Cadenas, San Bernardino, spoke about “We Are The Change” organization. He said it has had a big impact on him and the city and provides people with a way to see the community in a positive way. Robert Porter, San Bernardino, said he remembered going through an election 5 years ago and said the transition was sound. And asked that Davis extend a hand to Mayor- elect Valdivia as Morris did to Davis. Said Davis had done some great things as mayor. Jim Smith, San Bernardino, congratulated Paul Sanborn for his honor and said important things are happening in the CIty . He spoke about the 90th anniversary of St Marks Missionary church on Central. He said the Native Sons of the Golden West will be in the Rose Parade in 2019. Carolina Verduzco, San Bernardino, said the city needs to be thankful for the volunteers in the city and using city resources to harass volunteers is not good> She sais the city needs to be grateful for the people who volunteer money, time and efforts to the Animal Shelter and have a long-term commitment to the city. Mayor and City Council of the City of San Bernardino Page 3 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 4 through 18 have the same vote, unless it is indicated that the item was pulled for further discussion. Item 14 was pulled by Councilmember Nickel and Item 18 was pulled by Councilmember Marquez for further discussion. 4. Waive Full Reading of Resolutions and Ordinances APPROVED MOTION: Waive full reading of Resolutions and Ordinances on the agenda dated November 21, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 5. City Council Approval of Commercial and Payroll Checks APPROVED MOTION: Approve the commercial and payroll checks for October 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 6. Agreement with Western Allied Corporation for Feldheym Central Library HVAC Upgrade APPROVED MOTION: Adopt the resolution. Reso. 2018-300 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design-build contract with Western Allied Corporation in the amount of $569,200 for Feldheym Central Library HVAC Upgrade; authorizing the City Manager to execute the construction contingency in the amount of $56,800; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Mayor and City Council of the City of San Bernardino Page 4 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 7. Issuance of a Purchase Order to Transwest Truck Center for the Purchase of One (1) 2019 PB B-4 Patch Truck Unit, Mounted on a 2019 F750 Gas Chassis APPROVED MOTION: Adopt the resolution. Reso. 2018-302 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Transwest Truck Center in an amount not to exceed $210,400 for the purchase of one (1) new 2019 PB B-4 Patch Truck unit mounted on a 2019 F- 750 Chassis. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 8. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of Six (6) 2019 Ford F Series Super Duty F-350 4X2 with Crew Cab 6.75 Box Trucks APPROVED MOTION: Adopt the resolution. Reso. 2018-303 Resolution Adopt Resolution No. 2018-303 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales in an amount not to exceed $180,184 to purchase six (6) new 2019 Super Duty Ford F-350 SRW (W3A) XL 2 WE Crew Cab 6.75 box trucks. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill Mayor and City Council of the City of San Bernardino Page 5 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 9. Issuance of a Purchase Order to Fairview Ford Sales for the Purchase of Two (2) 2019 Ford F Series Super Duty F-150 4WD with Super Crew Cab 6.75 Box Trucks APPROVED MOTION: Adopt the resolution. Reso. 2018-304 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue a purchase order to Fairview Ford Sales, Inc. in an amount not to exceed $54,900 for the purchase of two (2) new 2019 Super Duty Ford F-150 (x1E) XL 4WD Super Cab 6.75 Box trucks. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 10. Award of Construction Contract for Mountain Avenue and 40Th Street Improvements to Hillcrest Contracting Inc. APPROVED MOTION: Adopt the resolution. Reso. 2018-305 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Hillcrest Contracting, Inc. in the th amount of $917,088 for Mountain Avenue and 40 Street Improvements; authorizing the City Manager to execute the construction contingency in the amount of $92,000; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 11. October 2018 City Board, Commission, and Citizen Advisory Committee Approved Minutes APPROVED MOTION: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in October 2018. Mayor and City Council of the City of San Bernardino Page 6 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 12. Amend the Professional Services Agreement with Jones & Mayer to Provide Legal Counsel to the Personnel Commission in Association Disciplinary Appeal Hearings APPROVED MOTION: Authorize the City Manager to execute an amendment to the Professional Services Agreement between Jones & Mayer and the City of San Bernardino (Resolution No. 2018-16) to provide legal counsel to the Personnel Commission in association with disciplinary appeal hearings increasing the expenditure limit to $50,000. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 13. Agreement with Micon Construction, Inc. for Splash Parks Improvements APPROVED MOTION: Adopt the resolution. Reso. 2018-306 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design-build contract with Micon Construction, Inc. in the amount of $832,907 for Splash Parks Improvements; authorizing the City Manager to execute the construction contingency in the amount of $83,093; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill Mayor and City Council of the City of San Bernardino Page 7 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 14. Change of Ownership of Wilson Towing, LLC Speaker Michael Schaeffer APPROVED MOTION: Adopt the resolution. Reso. 2018-307 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the change of ownership of Wilson Towing, LLC, in order to continue participation in the San Bernardino Police Department tow rotation. RESULT: ADOPTED \[4 TO 1\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Benito J. Barrios, John Valdivia, Bessine L. Richard NAYS: Henry Nickel ABSENT: Fred Shorett, James Mulvihill 15. Authorization for the Upgrade of Internet Service from Spectrum, Inc. for a 60 Month Term Not to Exceed $232,200 APPROVED MOTION: Authorize the City Manager or her designee to execute documents and issue a purchase order for the upgrade of Internet Service from Spectrum, Inc. for a 60 month term not to exceed $232,200. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 16. Authorization for the Purchase of Communication Services from AT&T Not to Exceed $140,000 APPROVED MOTION: Authorize the City Manager or her designee to issue a purchase order for the purchase of communication services from AT&T not to exceed $140,000. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill Mayor and City Council of the City of San Bernardino Page 8 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 17. Authorization for the Purchase of Communication Services from TPX for MPLS Data Transport and PRI Services in the Amount Not to Exceed $340,000 APPROVED MOTION: Authorize the City Manager or her designee to issue a purchase order for the purchase of communication services from TPX for MPLS Data Transport and PRI Services in an amount not to exceed $340,000. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 18. Read by Title Only, Waive Further Reading, and Adopt Ordinance No. MC- 1509 Establishing Procedures for Filling City Council and Mayoral Vacancies MOTION: Read By Title Only, Waive Further Reading, and Adopt Ordinance No. MC-1509 of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, establishing procedures for filling City Council and Mayor vacancies, directing the city manager to come back with another ordinance mandating that a vacancy of the mayor’s office also be filled by election to be consistent with the manner of filling vacancies for the City Council. RESULT: FAILED \[3 TO 2\] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Virginia Marquez, Henry Nickel, Bessine L. Richard NAYS: Benito J. Barrios, John Valdivia ABSENT: Fred Shorett, James Mulvihill Mayor and City Council of the City of San Bernardino Page 9 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 Staff Reports 19. Fiscal Year 2017/18 Yearend Financial Update, 10-Year Financial Plan, City Attorney’s Office Service Delivery Changes, and Adoption of a General Fund Reserve Policy APPROVED MOTION: Receive and file reports on the financial operating results for FY 2017/18, the 10-Year Financial Plan, and an update on the fiscal impacts of the changes in service delivery related to the City Attorney’s Office; and Adopt the resolution. Reso. 2018-308 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a General Fund Reserve Policy. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 20. Prisoner/Detainee Transportation and Jail Operations Services APPROVED MOTION: Authorize the City Manager to issue a Request for Proposals for prisoner/detainee transportation and jail operations services. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 21. JP Morgan Chase AdvancingCities Challenge APPROVED MOTION: Authorize the City Manager to execute on behalf of the City, correspondence supporting the application by the Making Hope Happen Foundation representing the San Bernardino AdvancingCities Collaborative. Mayor and City Council of the City of San Bernardino Page 10 Printed 12/7/2018 Joint Regular Meeting Minutes November 21, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Nickel, Richard ABSENT: Fred Shorett, James Mulvihill 22. Adjournment The meeting adjourned at 7:50 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, December 5, 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 11 Printed 12/7/2018