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HomeMy WebLinkAbout05-15-19 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 5/22/2019 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, MAY 15, 2019 5:30 PM The Joint Regular meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 p.m. by Mayor John Valdivia on Wednesday, May 15, 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 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:40 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Absent James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux Acting City Manager Present 5:30 PM . Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra VACANT Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/22/2019 Closed Session A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Speaker Robert Ring i. Robert Cuellar vs. City of San Bernardino, Workers Comp. Case No. ADJ8584350 ii. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 iii. Pepe’s, Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:18-cv-02277-SVW (SPx) iv. Robert Vermeer, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1721812 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases C. PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957(b)(1)): City Manager D. PUBLIC EMPLOYEE DISMISSAL (Pursuant to Government Code Section 54957(b)(1)): City Manager INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Jerrold Thompson of San Bernardino Community Seventh-day Adventist Church. The pledge was led by Samantha Delgadillo, second grade student from Arrowhead Elementary School. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho announced that the council approved a worker’s compensation settlement of $1.6 million to be paid out by the city’s insurance. PRESENTATIONS ADDED: PROCLAMATION FOR NATIONAL POLICE WEEK Mayor Valdivia presented Acting Chief Eric McBride with a proclamation recognizing the week of May 13 as National Police Week. 1. Citizen of the Month – Joanne Bates – Council Member Jim Mulvihill Council Member Mulvihill presented Ms. Bates with a certificate naming her citizen of the month. 2. Special Recognition – 2019-2020 Mr. Cardinal & Court The Mayor honored Jamie Rios, from San Bernardino High School and welcomed and honored the 2019-20 Mr. Cardinal and Court: Xavier Palacios, Mr. Cardinal; Ulysses Villalobos, 1st runner up; Javier Tovar, 2nd runner up; and Daniel Macias, Mr. Cardinal Ambassador. Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/22/2019 3. Chamber of Commerce & Local Elected Officials Announcements Kiana Maldonado introduced herself as the new district representative for Assemblywoman Eloise Gomez Reyes. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Michael Williams spoke about the large number of pedestrian deaths in the city, in particular his friend Joseph Chastain, and asked city officials to make changes. Mary Valdemar, San Bernardino, spoke about the issue of traffic along Kendall Avenue near the university and asked for a study of the number of accidents. Esmerelda Negrete, San Bernardino, spoke about Charter Section 308 and the salary increase for police. Hardy Brown, via Cheryl Brown, San Bernardino, expressed concern regarding the hiring of five white police lieutenants for a community policing program in an ethnically diverse community. Karmel Roe, San Bernardino, spoke regarding Joseph Chastain, against the public comments being cut off at the previous council meeting, and about the animal shelter. Treasure Ortiz, San Bernardino, said the Mayor and Council were doing nothing proactive for residents and asked why the animal control shelter was not back on the city’s agenda. Dumaris Casillas, expressed concern about Ruben Campos Park being dark, said and questioned the wisdom of closing libraries. Ricardo Casillas, San Bernardino, said here was a lack of leadership in the police department and said he’d been told to collect evidence of criminal activity in the park near his home. He presented a backpack full. He also suggested a domestic violence prevention program. Paul Sanborn, San Bernardino, apologized to Council Member Shorett for calling him a racist and added that a city divided against itself cannot stand, therefore he and Council Member Mulvihill to get out of the way. Robert Porter, San Bernardino, spoke working together as a community. He also spoke about the death of San Bernardino resident Neona Rose. Andrea Neyses said she doesn’t understand why everyone isn’t working together to find a solution to the animal shelter and played a recording of Mayor Valdivia speaking about keeping the shelter open and in the community. Alice Chow said the animal groups were not given a chance to present an RFP and were told they would have a year to do so. She said that they could find a way for residents, community volunteers and city staff to work together. Chris Egger said the cannabis industry is available and desirous of investing in the community. Chad White said he is one of the cannabis applicants and he has been waiting for more than 9 weeks for his plan check. Celine Perez, of the Inland Empire Labor Coalition, spoke about the Eastgate project at the airport, which was approved because of the promise of jobs but without the input of Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/22/2019 residents. She said that San Bernardino needs guarantees that address job quality, air quality and standards for local hire. Lyseth Mendoza spoke about the Eastgate project. She thanked the council for listening to residents about the sidewalk vendor issue. She asked that the city, when choosing a development plan, to do so with a thought to the community and suggested an oversight board monitor the projects and community benefits agreements. Andrea Villareal, with San Bernardino Airport Communities committee, spoke about hazardous air quality and other effects of development. She said the Eastgate project is bringing thousands of cars, trucks and airplanes into a city that has one of the worst levels of air quality in the state and asked the council to study impacts of the project. Ben Reynoso, San Bernardino, spoke about the community benefits agreement that he and others would like to see connected to development projects. He asked the city to be creative about development projects and requirements for mitigating impacts on the community. Debbie Yocum, Riverside, spoke about the prospect of San Bernardino Animal Shelter services being moved to Riverside County and opposed it. Keith Wisneski, San Bernardino, said that San Bernardino residents’ voices were heard about the animal shelter, but it wasn’t by San Bernardino officials. He thanked Riverside County officials for rejecting the contract. Steve Miller, San Bernardino, spoke about his ideas for the animal shelter, including training and agility sessions. Page Miller said the issue of the animal shelter should have been on the meeting agenda and asked that it be on the next agenda, with a request for proposals. Luis Ojeda, San Bernardino, thanked the mayor and staff for listening to the residents regarding taco nights downtown. He asked for volunteers for citizens’ patrols and invited people to join a bus top clean up at Baseline and Waterman. Christopher Kim said something has to change in San Bernardino and the fastest thing to do that is to allow cannabis. Jose Ruiz said he knows there are tax dollars in the city and they should support things such as pedal boats in the lake, playground equipment, friendly vendors, a parking building on E Street and a grand prix. Stan Futch, San Bernardino, said people like to be included and we need a diversified city. Don Griggs said he was surprised that the acting police chief presented five hires for the community policing project that do not look like him and that the council did not question the lack of diversity. He said the city had been 114 years without an African American officer over the rank of Captain and said it is a shame. Asher Jones spoke about the death of Joseph Chastain and what he meant to her. Jason Martinez spoke about the death of Joseph Chastain and said he was killed by a lack of a system that listens to the community. Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/22/2019 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 or to move it to another meeting. Item 7 was pulled by Council members Sanchez and Shorett for more discussion; Items 8, 10 and 11 were pulled by the City Manager for future consideration; Item 14 was pulled by Council Member Ibarra for further discussion Item 15 was pulled by Council Member Shorett. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated May 15, 2019. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for April 2019. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 6. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meetings of February 20, 2019, March 6, 2019, and March 20, 2019 and Special Meetings of February 21, 2019 and March 27, 2019. Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/22/2019 RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 7. Update the 2018 Basic Compensation Plan for San Bernardino Police Department Failed Motion: Adopt the resolution. Reso. 2019-64 Resolution of the Mayor and City Council of the City of San Bernardino, California, updating salaries for the San Bernardino Police Department Ranges P-6 (Assistant Chief) and P-7 (Chief) that came into effect on August 1, 2018 and approving a basic compensation plan for the San Bernardino Police Department. RESULT: FAILED [3 TO 2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Theodore Sanchez, Henry Nickel, James Mulvihill NAYS: Sandra Ibarra, Fred Shorett 8. Excess Insurance for Fiscal Year 2019/20 Item pulled by the City Manager. No action taken. 9. FY 2017 Homeland Security Grant Program Approved Motion: Adopt the resolution. Reso. 2019-69 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and expenditure of the FY 2017 Homeland Security Grant Program (HSGP) and authorizing the Director of Finance to amend the FY 2018/19 Adopted Budget. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/22/2019 10. Issuance of a Purchase Order to Fairview Ford of San Bernardino for the Purchase of Two (2) 2019 Ford F-150 2WD with Super Crew Cab 6.75 Box Trucks Item pulled by the City Manager. No action taken. 11. Award of Construction Contract for Pavement Rehabilitation at Ten Locations to All American Asphalt Item pulled by the City Manager. No action taken 12. Award of Construction Contract for Citywide Pavement Rehabilitation (Slurry/Crack Seal) to Pavement Coatings Co. Approved Motion: Adopt the resolution. Reso. 2019-74 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Pavement Coatings Co. in the amount of $1,243,700 for Citywide Pavement Rehabilitation (Slurry/Crack Seal); authorizing the construction contingency in the amount of $124,300; authorizing the Finance Director to amend the FY 2018/19 Adopted Budget to allocate Measure I Funds to the project; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 13. Updating Assessment Engineer’s Reports – Previously Formed Landscape and Lighting Maintenance Districts Approved Motion: Adopt the resolution. Reso. 2019-75 Resolution of the Mayor and City Council of the City of San Bernardino, California, initiating proceedings to levy and collect assessments for FY 2019/20 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Reports. Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/22/2019 RESULT: ADOPTED [5 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 14. San Bernardino County Fire Protection District – Fire Training Exercise and Prescribed Burn on City Owned Property Located on Little Mountain Drive Approved Motion: Adopt the resolution. Reso. 2019-76 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the San Bernardino County Fire Protection District to conduct a live fire training exercise and prescribed burn on City-owned property located along North Little Mountain Drive. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 15. Establish City Council Sub-Committees This item was pulled. No vote was taken. 16. Award of as Needed Grant Writing Services Agreements Approved Motion: Adopt the resolution. Reso. 2019-78 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of Professional Services Agreements with Blais & Associates, Inc., Evan Brooks Associates, Inc., and KOA Corporation for as needed grant writing services. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/22/2019 17. Professional Services Agreement with Talley & Talley, APC Approved Motion: Adopt the resolution. Reso. 2019-79 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Acting City Manager to execute a Professional Services Agreement with Talley & Talley, APC, related to administrative and legal matters concerning general liability, personnel, and police matters. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 18. Matters of Council Interest Follow-Up Report – Survey of City Clerks in attendance at Closed Session Meetings Approved Motion: Continue with the current and standard practice of not having the City Clerk in attendance. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 19. Authorize the Execution of a Mills Act Preservation Agreement for 696 W. 8Th Street, San Bernardino, CA Approved Motion: Approve the execution of a Mills Act Preservation Agreement with Salvador & Elizabeth Lopez for the property located at 696 W. 8th Street, San Bernardino, California. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/22/2019 STAFF REPORTS 20. 2019 City-County Conference Update – April 18-19, 2019 Oral reports were given by Council Members Ibarra, Shorett, and Nickel. No vote was taken on this item. 21. 2019 International Security Conference and Exposition (ISC West) Update – April 9-12, 2019 An oral report was given by Council Member Nickel. No vote was taken on this item. 22. Authorize RFQ for Carousel Mall Property Approved Motion: Direct the City Manager to proceed with a Request for Qualifications soliciting interest in the development of the Carousel Mall property as outlined in the Staff Report. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard 23. Audited Financial Statements and Single Audit for Fiscal Year 2017/18 Auditor Ken Pun, of the Pun Group, presented the single year audit for FY 2017- 18. No vote was taken on this item. PUBLIC HEARING 24. Draft Fiscal Year 2019/20 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Mayor Valdivia opened the public hearing on the draft Fiscal Year 2019/20 Annual Action Plan associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and related grant funding. Approved Motion: Adopt the draft Fiscal Year 2019/20 Annual Action Plan as an application for funding under Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize the City Manager or designee to take any further actions and execute any further documents as are Regular Meeting Minutes May 15, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/22/2019 necessary to effectuate the submittal of the Draft HUD Fiscal Year 2019/20 Annual Action Plan and certification to HUD. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill ABSENT: Richard ADJOURNMENT The meeting adjourned at 10:27 p.m. in memory of Joey Chastain, San Bernardino resident killed April 24 in a hit and run accident on Kendall Avenue. 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, June 5, 2019 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, MMC