HomeMy WebLinkAbout03-06-19 MCC Minutes
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor and City Council of the City of San Bernardino Page 1 Printed 4/17/2019
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, MARCH 6, 2019
COUNCIL CHAMBER
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order by Mayor Valdivia at 4:00 PM, Wednesday, March 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 4:00 PM
Sandra Ibarra Council Member, Ward 2 Present 4:00 PM
Fred Shorett Council Member, Ward 4 Present 4:00 PM
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 Present 4:00 PM
John Valdivia Mayor Present 4:00 PM
Georgeann "Gigi" Hanna City Clerk Present 4:00 PM
Gary D. Saenz City Attorney Present 4:00 PM
Andrea Miller City Manager Present 4:00 PM
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
VACANT
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 2 Printed 3/08/2019
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Washington, LLC et al. v. City of San Bernardino et al., San Bernardino
Superior Court, Case No. CIVDS1905710.
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation - Government Code Section 54956.9(d)(4):
One case.
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957(b(1)):
City Manager
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Chris Reinhard of Sandals Church led the invocation. Elijah Thomas, sixth grade
student from Arrowview Middle School, led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Gary Saenz said there were no actions to report from Closed Session.
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
Lesley Stevens gave the Chamber of Commerce announcements and Dion
Taylor from Assemblyman Ramos’ office discussed events in the district
APPOINTMENTS
2. Public Safety and Human Relations Commission Appointment
Approved
Motion: Appoint Terry Elliott to the Public Safety and Human Relations
Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
3. Measure “Z” Citizens Oversight Committee Appointment
Approved
Motion: Appoint Richard P. Avila to the Measure “Z” Citizens Oversight
Committee.
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 3 Printed 3/08/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
4. Parks, Recreation, and Community Services Commission Appointment
Approved
Motion: Appoint Richard P. Avila to the Parks, Recreation, and Community
Services Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE
AGENDA
Mayor Valdivia announced that public speaking would be limited to 2 minutes per
person.
Approved
Motion: Allow speakers to use 3 minutes for their comments.
RESULT: ADOPTED [5-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill
NOES: Sanchez,
Rick Jackson expressed his disappointment with the city for not following the cannabis
permit procedure. He said the process was changed and was unfair.
Ben Eilenberg suggested the appointment of an investigator to find out what happened
with the cannabis permit review process.
Gina Escobar spoke about the need for an amended ordinance to allow for more
licenses to be granted to cannabis interests. The city is doing what I right by allowing
people to open shops.
Sandra Bonilla spoke about the need to work together to bring grant money to the city
in order to help the young people in the city regarding job training.
Christopher Kim said the city had written a fine ordinance regarding cannabis
businesses, but that they have been concentrated in the third ward and said the council
should fix it and move on. He suggested the city follow the ordinance and get the 39
applicants approved for licenses.
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 4 Printed 3/08/2019
Paul Sanborn, San Bernardino, said the city is not selling to a willing buyer at 632 N.
Crescent and called for an investigation.
Mirna Overstreet Spear, San Bernardino, said there were drainage issues near her
property near Norman and Waterman avenues created by the development in the area
that have not been addressed by the city. She asked that the city fix the degraded
pavement.
Majid Seraj, said the city had a pernicious and sinister agenda regarding cannabis
permits and asked whether people could trust the cannabis permiting process. He said
there was a complete system failure and that if the city council based its decision on
faulty data, then the outcome is faulty too.
Robert Porter, San Bernardino, said that people who worked to get cannabis allowed
into the city have been excluded from the process.
Howard Friedman, San Bernardino, said he is disappointed by the cannabis process
and wants answers. For example, he said, why, if General Plan issues were part of the
cannabis permitting process, applicants were not told. He questioned his low score for
the enterprise section when he is working in the community.
Justin Milakis, San Bernardino, spoke about the discrepencies between code
enforcement and the building code regarding fence height requirements.
Don Griggs, San Bernardino, thanked Council Member Richard for acknowledgement
of the Westside Action Group during Black History Month and spoke about the
significance of the colors of the tie he wore to that meeting.
Kyle Patterson announced that a day of appreciation for the community at the Home of
Neighborly Service on April 27.
Steve Munoz spoke about the viability of his proposed cannabis operation.
Victor Munoz said a few people are hurt by the cannabis application process and
called the previous council meeting a circus.
Joseph Patrick Doyle decried attacks against the City Manager.
Dolores Armstead, San Bernardino, said she is waiting an update on the status of the
former Boys and Girls Club of San Bernardino. She said a franchise audit is needed.
She also said potholes in the city are dangerous and embarrassing.
Luis Ojeda said that it costs taxpayer funds to fight lawsuits bought by cannabis
applicants. He asked why the parties cannot come together to discuss the issues.
Karmel Roe, San Bernardino, said she had spent 18 months of her time to help the city
on the cannabis issue and decried the time and money wasted on the issue since 2011.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion, unless a council or staff member has pulled the item for more discussion.
Council Member Ibarra pulled items 9, 10, 12 and 13 for further discussion.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 5 Printed 3/08/2019
5. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of Resolutions and Ordinances on the
agenda dated March 6, 2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
6. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for February
2019.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
7. Neighborhood Resource Center, Matching Grants Fund Program, and
Leadership Program Update
Approved
Motion: Receive the Neighborhood Resource Center, Matching
Grants Fund Program and Leadership Program proposal at
the April 3, 2019 City Council meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
8. Award of Construction Contract for Hospitality Lane Raised Median Island
to Aramexx Group, Inc.
Approved
Motion: Adopt the resolution.
Reso. 2019-31 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a
Construction Contract with Aramexx Group, Inc. in the
amount of $424,450 for Hospitality Lane Raised Median
construction, between “E” Street and Waterman Avenue;
authorize the City Manager to execute the construction
contingency in the amount of $42,445; and authorize the City
Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 6 Printed 3/08/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
9. Agreements with Infrastructure Engineers, Miller Architectural Corporation,
and Black O’Dowd and Associates, Inc. to Provide As-Needed, on Call
Architectural Services
Approved
Motion: Adopt the resolution.
Reso. 2019-32 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving Agreements
with Infrastructure Engineers, Miller Architectural
Corporation, and Black O’Dowd and Associates, Inc.
to provide As-Needed, On Call Architectural Services
for Various Capital Improvement Program (CIP)
Construction and Modernization Projects.
RESULT: ADOPTED [4 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Fred Shorett, Henry Nickel, Bessine L. Richard, James Mulvihill
NAYS: Ibarra
ABSTAIN: Sanchez
10. Agreement with Community Works Design Group for Facilities and
Parkland Area Assessment of Delmann Heights Park and Community
Center
Approved
Motion: Adopt the resolution.
Reso. 2019-33 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a design
contract with Community Works Design Group in the amount
of $119,235 for Facilities and Parkland Area Assessment of
Delmann Heights Park and Community Center.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 7 Printed 3/08/2019
11. Comprehensive Annual Financial Report of the City of San Bernardino
Municipal Water Department for Fiscal Year Ended June 30, 2018 (Receive
and File Item Only)
Approved
Motion: Receive and file the audited Comprehensive Annual
Financial Report of the Water Department’s Water,
Sewer, and Sewer Collection utilities for the fiscal
year ended June 30, 2018.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
12. Authorize the Second Amendment to the Contractor Services Agreements
with Absolute Property Preservation and Brett Carlson Construction
Approved
Motions: Adopt the resolution; and
Authorize the Director of Finance to increase the
Purchase Orders issued to Absolute Property
Preservation and Brett Carlson Construction to
$200,000, respectively.
Reso. 2019-34 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute the Second Amendment to
Contractor Services Agreements with Absolute
Property Preservation and Brett Carlson Construction,
increasing the total for each to $200,000 per year and
extend the single-year renewal options through June
2022 for on call board-up services.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
13. Increase Purchase Order to Fairview Ford for Pre-Owned Vehicles for the
Police Department
Approved
Motion: Adopt the resolution.
Reso. 2019-35 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Director
of Finance to increase the Purchase Order to Fairview
Ford Sales, Inc., to an amount not to exceed
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 8 Printed 3/08/2019
$782,000 to cover the purchase of three pre-owned
vehicles.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
14. FY 2018 Emergency Management Performance Grant
Approved
Motion: Adopt the resolution.
Reso. 2019-36 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the receipt,
obligation, and expenditure of the FY 2018
Emergency Management Performance Grant
(EMPG), and authorizing the Director of Finance to
amend the FY 2018/19 Adopted Budget and issue a
purchase order to Vector USA in the amount not to
exceed $15,962.99.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
15. Adopt Ordinance No. MC-1515 of the Mayor and City Council of the City of
San Bernardino, California, Adding Chapter 2.46 to the San Bernardino
Municipal Code Pertaining to the Formation of a Disaster Council
Approved
Motion: Adopt the ordinance.
MC 1515: Ordinance of the Mayor and City Council of the City of San
Bernardino, California, adding Chapter 2.46 to the San
Bernardino Municipal Code pertaining to the Disaster
Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 9 Printed 3/08/2019
STAFF REPORTS
16. Mid-Year Financial Review – Fiscal Year 2018/19
Approved
Motion: Receive and File the Mid-Year Financial Review - Fiscal
Year 2018/19 Report; and
Authorize the Director of Finance to Amend the FY 2018/19
Budget as outlined in the Mid-Year Financial Review - Fiscal
Year 2018/19 Report.
RESULT: ADOPTED [5 TO 0]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Sandra Ibarra
Mayor Valdivia announced that there would be a 10-minute break at 6:12 p.m. The
group reconvened at 6:23 p.m.
17. Survey Research, Strategic Communications, and Public Education –
Sunset of the Measure Z $0.25 Sales Tax in April 2022
Approved
Motion: Authorize staff to issue Request for Proposals (RFP) for a
survey research firm and a strategic communications and
public education consultant to assist with the impending
sunset of the Measure Z $0.25 Sales Tax in April 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
PUBLIC HEARINGS
18. Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South
of 3Rd Street and the Reservation of Utility Easements Therein
Speakers
Yolanda Martin, oppose
James Martin, oppose
Approved
Motion: Continue to April 3 meeting.
Regular Meeting Minutes March 6, 2019
Mayor and City Council of the City of San Bernardino Page 10 Printed 3/08/2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
19. Vacation of a Portion of Little Mountain Drive, North of West 27Th Street
and the Reservation of Utility Easements Therein
Approved
Motion: Adopt the resolution.
Reso. 2019-38 Resolution of the Mayor and City Council of the City of San
Bernardino, California, approving the vacation of a portion of
Little Mountain Drive, North of West 27th Street, and the
reservation of utility easements therein.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
ADJOURNMENT
The meeting adjourned at 7:35 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, March 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