HomeMy WebLinkAbout02-06-19 MCC Minutes
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor and City Council of the City of San Bernardino Page 1 Printed 1/10/2019
MINUTES
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, FEBRUARY 6, 2019
4:00 PM
The Joint Regular meeting of the Mayor and City Council of the City of San Bernardino
was called to order at 4:19 p.m. by Mayor John Valdivia on Wednesday, February 6,
2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 3:30 PM
Sandra Ibarra Council Member, Ward 2 Present 3:30 PM
VACANT Council Member, Ward 3 VACANT ---------
Fred Shorett Council Member, Ward 4 Present 3:30 PM
Henry Nickel Council Member, Ward 5 Present 3:30 PM
Bessine L. Richard Council Member, Ward 6 Present 3:30 PM
James Mulvihill Council Member, Ward 7 Present 3:30 PM
John Valdivia Mayor Present 3:30 PM
Georgeann "Gigi" Hanna City Clerk Present 3:30 PM
Thomas Rice Assistant City Attorney Present 3:30 PM
Andrea Miller City Manager Present 3:30 PM
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
VACANT – Third Ward
Fred Shorett
Henry Nickel
Bessine L. Richard
James Mulvihill
Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/25/2019
Pledge of Allegiance and Invocation
Pastor Brian Williams from Ecclesia Christian Fellowship led the invocation and
Elizabeth Rodrigues from Wilson Elementary School led the Pledge of Allegiance.
Appointments
1. Parks, Recreation and Community Services Commission Appointment
Approved
Motion: Appoint Roxana M. Barrera to the Parks, Recreation and
Community Services Commission.
RESULT: ADOPTED [5 TO 0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill
AWAY: Theodore Sanchez
2. Measure “Z” Citizens Oversight Committee Appointment
Approved
Motion: Appoint Gloria G. Amaya to the Measure “Z” Citizens Oversight
Committee.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
3. Arts and Historical Preservation Commission Reappointment
Approved
Motion: Reappoint Dorothy J. Garcia to the Arts and Historical Preservation
Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
4. Arts and Historical Preservation Commission Appointment
Approved
Motion: Appoint Mario Montecino to the Arts and Historical Preservation
Commission.
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Mayor and City Council of the City of San Bernardino Page 3 Printed 3/25/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
5. Interagency Council on Homelessness
Approved
Motion: Appoint Mayor Pro Tem Bessine Richard to the Interagency
Council on Homelessness, as a voting member, and Councilwoman
Sandra Ibarra as her alternate.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Presentations
6. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange announced the upcoming Chamber events. Darrell Frye
announced events connected with Assemblywoman Eloise Reyes.
Public Comment for items not on the agenda
Karina Cornejo, San Bernardino, said she is concerned about the direction the city is
taking and spoke about homicides in the city over the past month. She said the council
and mayor need to focus on crime, blight and homelessness. She also decried items on
the agenda recently that she said are not compliant with the spirit of the new Charter.
Shirley Harlan, San Bernardino, said the gavel has a long history and it is not being
used with the reverence it should have. She said the microphone is the appropriate tool
to use to bring order to the meeting.
Jon Schollenberger, San Bernardino, spoke in support of Council Member Mulvihill
and said he had a diverse set of constituents. He said San Bernardino doesn't need DC-
style of politics and spoke in favor of field reps.
Robert Porter, San Bernardino, suggested that the animal shelter be taken care of in
house if possible. He said everyone is is talking about compromise and asked the
council to make it happen. He also asked about the possibility of adding cannabis
lounges to the list of approved businesses.
Rory Murray, San Bernardino spoke about problems of dumping and graffiti in the
seventh ward, specifically the car wash near 40th Street. He suggested increasing fines
for dumping and surveillance cameras along Harrison to get license numbers of people
doing it.
Paige Miller passed out fliers for low-cost spay/neuter services and encouraged the
council members to invite a shelter animal to join them during their monthly council
announcements. She also mentioned the possible sale of the Arrowhead Country Club
and said it is a sanctuary for people and animals and needs to be protected and that it
was deeded along with the understanding that it would remain green space.
Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 3/25/2019
Luis Ojeda commended the city for doing better and said there is still a lot to be done.
He encouraged people to report dumpers and to share citywide dump days with their
neighbors. He said he was upset about the termination of the Public Relations firm after
spending $190,000 with nothing to show for it and said that council needs to think about
long term consequences of its decisions
Dolores Armstead, San Bernardino, said she would like an update on the former Boys
and Girls Club. She said people are curious about the use of city-owned building now
that the BGCSB charter has been pulled. She said she would like to see something
credible to be in the space. No one has responded to the school district or the
community group interested in the matter and the community deserves an answer.
Arian Sandal, said she hears about the city and wonders where all the money is going.
She discussed what she considers problems, including homelessness, public
transportation routes, empty buildings, lack of businesses, opportunities for disabled
people and other issues.
Karmel Roe, San Bernardino, said some of the street lights are fixed and the trees are
trimmed but for the past few weeks she has been harassed at her home by city police
officers. She said she should be allowed to express how she feels about the
government in the city and not have to worry about her children getting tickets or
encounters with code enforcement.
Scott Olson, San Bernardino, said the city has a lot of baggage left over from previous
administration decisions and that regionalism is hiding behind bureaucrasy. He asked if
the goal with the animal control shelter is to wipe out the department to pass off
responsibility to another government agency.
Ryan Morrell, of Jimmie Johns, spoke about his support of Project Fighting Chance
and congratulated them for winning national championships.
Consent Calendar
Items on the Con sent Calendar are considered routine and are voted on in a single
motion, a council or staff member has pulled the item for more discussion. Council
Member Sanchez pulled item 21; Council Member Ibarra pulled items 13 and 22;
Council Member Nickel pulled items 11 and 18; Council Member Mulvihill pulled item 15
to abstain from voting on it.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
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Mayor and City Council of the City of San Bernardino Page 5 Printed 3/25/2019
7. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of Resolutions and Ordinances on the agenda
dated February 6, 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
8. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for January 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
9. City Council Approval of Draft Minutes
Approved
Motion: Approve the minutes of the Mayor and City Council Regular
Meetings of December 5, 2018 and January 16, 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
10. Water Board Terms of Office
Approved
Motion: Adopt the resolution.
Reso. 2019-16 Resolution of the Mayor and City Council of the City of San
Bernardino, California, confirming the terms of office of the
members of the Water Board to terms of office as required
by Charter.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
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Mayor and City Council of the City of San Bernardino Page 6 Printed 3/25/2019
11. Purchase and Sale Agreement for 478 and 480 N. "D" Street (APNs 0134-
141-28 and 0134-141-29)
Approved
Motion: Authorize the City Manager to execute a Purchase and Sale
Agreement and Joint Escrow Instructions between the Successor
Agency and Inland Maple Partners, LLC with respect to the real
property located at 478 and 481 N. "D" Street, San Bernardino,
California (APNs 0134-141-28 and 0134-141-29), and approving
certain related actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
12. Resolution of the Mayor and City Council of the City of San Bernardino
Declaring Its Intent to Order the Vacation of a Portion of Little Mountain
Court and the Reservation of Utility Easements Therein
Approved
Motion: Adopt the resolution.
Reso. 2019-17 Resolution of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a
Public Hearing to order the vacation of portions of Little
Mountain Court located on the northeast corner of Little
Mountain Court and 27th Street and the reservations of
utilities therein.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
13. Resolution of the Mayor and City Council of the City of San Bernardino
Declaring Its Intent to Order the Vacation of a Portion of "I" Street,
Broadway Street, and Main Street, South of 3Rd Street and the Reservation
of Utility Easements Therein
Approved
Motion: Adopt the resolution.
Reso. 2019-18 Resolution of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a
Public Hearing to order the vacation of portions of "I" Street,
Broadway Street, and Main Street, south of 3rd Street and
the reservations of utilities therein.
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Mayor and City Council of the City of San Bernardino Page 7 Printed 3/25/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
14. Final Reading and Adoption - Ordinance MC-1513 - Development Code
Amendment (Zoning Map Amendment) 18-03 - Fast 5 Xpress Car Wash
Approved
Motion: Adopt the ordinance.
MC-1513 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code
Amendment (Zoning Map Amendment) 18-03 to change the
Zoning District Classification from Residential Medium High
(RMH) to Commercial General (CG-1) of one (1) parcel
(APN:0280-131-28) containing a total of approximately 0.39
acres, pursuant to a Mitigated Negative Declaration.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
15. Final Reading, and Adoption - Ordinance No. MC-1511 Amending Section
2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code
Relating to Meetings
Speaker
Shirley Harlan
Approved
Motion: Adopt the ordinance.
MC-1511 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, amending Section 2.58.010 of
Chapter 2.58 of Title 2 of the San Bernardino Municipal
Code relating to meetings.
RESULT: ADOPTED [4 TO 1]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Theodore Sanchez, Sandra Ibarra, Henry Nickel, Bessine L. Richard
NAYS: Fred Shorett
ABSTAIN: James Mulvihill
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Mayor and City Council of the City of San Bernardino Page 8 Printed 3/25/2019
16. Amendment No. 2 to the Agreement for Services with Tetra Tech for Design
of the 2Nd Street Bridge Replacement at Warm Creek
Approved
Motion: Adopt the resolution.
Reso. 2019-19 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving Amendment No. 2 to the
Agreement for Services with Tetra Tech for design of the 2nd
Street Bridge replacement at Warm Creek (SS13-001).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
17. Transition of Deferred Compensation 457(B) Record Keeper from
Nationwide Retirement Services to MassMutual and Amend Professional
Services Agreement with SFG Retirement Plan Consulting, LLC as the
457(B) Plan Consultant and Investment Advisor
Approved
Motion: Terminate the current 457(b) deferred compensation plan
with Nationwide Retirement Services effective within 90 days
of City Council approval and initiation of a new 457(b)
deferred compensation plan agreement with MassMutual
also effective within 90 days of City Council approval; and
Amend the existing one-year agreement with SFG
Retirement Plan Consulting, LLC as the plan consultant,
investment advisor and Fiduciary to the City's 457(b)
deferred compensation plan modifying the term of the
agreement to a three-year period; and
Approve the proposed Investment Policy Statement; and
Authorize the City Manager, or designee, to execute the
necessary agreements to effectuate the above noted
actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
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Mayor and City Council of the City of San Bernardino Page 9 Printed 3/25/2019
18. Authorize the First Amendment to the Vendor Services Agreement with
West Coast Lights & Sirens, Inc.
Approved
Motion: Adopt the resolution.
Reso. 2019-20 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to
execute the First Amendment to Vendor Services Agreement
with West Coast Lights & Sirens, increasing the total to
$528,280 for FY 2018/19 with one single-year renewal
option through June 30, 2020; and authorizing the Director of
Finance to increase the Purchase Order issued to West
Coast Lights & Sirens, Inc. in an amount not to exceed
$528,280 pursuant to San Bernardino Municipal Code
3.04.010(b)(3), purchases approved by the Mayor and City
Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
19. Issuance of a Purchase Order to DuraTech USA for the Purchase of Mobile
Data Computers (MDC) Equipment
Approved
Motion: Adopt the resolution.
Reso. 2019-21 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 DuraTech USA in an amount not
to exceed $125,000 to purchase mobile data computer
(MDC) equipment.
20. City of San Bernardino Boards, Commissions, and Citizen Advisory
Committees - Updating the Regular Meeting Dates, Times, and Locations
Approved
Motion: Adopt the resolution.
Reso. 2019-22 Resolution of the Mayor and City Council of the City of San
Bernardino, California, amending the regular meeting dates,
times, and locations for City Boards, Commissions, and
Citizen Advisory Committees and repealing Resolution No.
2018-276.
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Mayor and City Council of the City of San Bernardino Page 10 Printed 3/25/2019
21. City Manager Purchasing Authority
Approved
Motion: Prepare an ordinance maintaining the City Manager’s
spending authority, excluding professional consultant
agreements.
RESULT: ADOPTED [4 TO 2]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Shorett, Nickel, Richard, Mulvihill
NAYS: Sanchez, Ibarra
22. Commercial Cannabis Business Permit Application Process
Speaker
Ginna Escobar
Majid Seraj
Victor Munoz
Approved
Motion: Receive and file report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Staff Reports
23. ATP Grant Revised Funding Level – Oral Report
The MCC agreed via consensus to reject the ATP grant’s revised funding level
but remain open to applying for the grant in the future.
24. Legislative Branch Staffing - Offices of the Mayor and City Council
Speaker
Luis Ojeda
There was no vote on this item. The meeting lost a quorum at 8:18 p.m. during
discussion of the item and Mayor Valdivia recessed the meeting for 23 minutes.
A quorum was never regained and Mayor Valdivia adjourned the meeting.
Jt. Regular Meeting Minutes February 6, 2019
Mayor and City Council of the City of San Bernardino Page 11 Printed 3/25/2019
Adjournment
The meeting adjourned at 8:42 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 20, 2019 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, MMC
City Clerk