Loading...
HomeMy WebLinkAbout07-17-19 MCC Minutes City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, JULY 17, 2019 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Valdivia on Wednesday, July 17, 2019, in the Board Room, 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 5:30 PM Juan Figueroa Council Member, Ward 3 Present 5:30 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 Present 5:30 PM 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 City Manager Present 5:30 PM CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2019 i. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 ii. 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) iii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 iv. The City of San Bernardino, et al. v. Arrowhead Lodge No. 896, et al., San Bernardino Superior Court Case No. CIVDS1915640 v. Arrowhead Lodge No. 896 v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases C. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Code Section 54957.6: Title: City Manager INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Jim Hall of Generations Church. The Pledge of Allegiance was led by Eli Sanchez, 2nd grade student o Cram Elementary school. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho said there was no reportable action taken in Closed Session. APPOINTMENTS 1. Animal Control Commission Reappointment Approved Motion: Approve the reappointment of Ms. Jodi Buckley to the Animal Control Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill 2. Arts and Historical Preservation Commission Appointment Approved Motion: Approve the reappointment of Ms. Jodi Buckley to the Arts and Historical Preservation Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2019 3. Planning Commission Reappointment Approved Motion: Approve the reappointment of Ms. Elizabeth P. Sanchez to the Planning Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill PRESENTATIONS 4. Citizen of the Month – San Bernardino Community Ho Ho Parade – Council Member Ibarra Councilmember Ibarra recognized the Community Ho Ho Parade Committee. Committee Secretary Deb Matley thanked the Mayor and Council for the honor and for their support over the previous 7 years. 5. Update from Legislative Field Representatives The mayor’s legislative field reps provided an oral report of their recent activities. 6. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced the Chamber’s upcoming activities. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Cheryl Brown (speaking on behalf of Hardy Brown), San Bernardino, spoke about the progress that the SBPD had in selecting two black officers. He said there are further employment opportunities in the assistant city manager, police chief and assistant chief and captain positions. He asked who in the city ensures compliance with the Equal Employment Opportunity rules. He asked that they include the police department in the upcoming class and compensation study. Treasure Ortiz, San Bernardino, spoke about city staff holding together the city together amid the chaos the Mayor and Council has caused. She spoke about Measure Z and revenues falling short and said there is no course to avoid another bankruptcy. She spoke about decisions she said will threaten the city’s financial stability, including hiring of legal help, and told the council to be better. Clarence Hudson, San Bernardino, spoke about a slurry coat project about to start near his home that effected where he could park, and found notices limiting those areas. He asked that the no parking times be cut in half because residents are being displaced. He said residents did not get adequate notice of the work. Liseth Mendoza, Inland Coalition for Immigrant Justice, spoke about a recent actions at Amazon against their work with Immigrations and Customs Enforcement. Tech companies such as Amazon and Palantier that target and punish immigrants, people of color incarcerated and formerly incarcerated. She said that a recent discussion with SBPD concerning immigrant issues was not friendly. Celine Perez, Inland Empire Labor Council, stated her concern that SBPD uses technology that can be fed to I.C.E., creating fear and uncertainty. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2019 Shaun Martinez, Teamsters Union, said they are proud to stand with Immigrant Coalition for Justice and said that Amazon has use public money and infrastructure but asked at what cost the convenience comes. Amazon destroying retail jobs across the country and lowered standards for workers and needs to be held accountable. Patricia Sacks, San Bernardino, said that god wants to make the Carousel Mall and international mall, which would be a draw for people worldwide. He said San Bernardino would be like the city of Goshen for the Isrealites. She said she had a list of E Street businesses and god wants them to create a E street Business group with the businesses taking care of the street. Harry Hatch, San Bernardino, said he knew that there were fires started by Fourth of July fireworks and spoke about the permitting process for the fireworks vendors. He said there is no uniform permit process and the needs one started so all permits are handled in the same way every time. He had the list of the 32 non-profits participating in fireworks sales, and said two of the 501(c)3 organizations had suspended, several were out of state and several had been recruited by the fireworks companies. It appears that the fireworks companies make a lot of money from the sale. Paige Miller, San Bernardino, asked that the council ban all fireworks sales and increase fines; said that the City had seen several City Managers and that residents had warned them that they should not have hired Miller at the salary that she commanded; and said that advocates at the state and federal level were not needed and that was the job of the council and the local elected officials. She asked the council to consider the proposal for animal shelter services submitted by Alice Chow. Jim Penman, San Bernardino, spoke about city history, specifically when the City was sued for too many variances, making the General Plan out of compliance with state law. He said a recent situation wherein the council approved a variance was analogous and asked that the council consider repealing or amending the recent ordinance before the city is sued. Howard Wright, San Bernardino, said he is disappointed that the ouncil is facing a $11 million hit and that the police department would take the biggest hit when it should be the highest priority. He read the crime stats for various parts of the city and spoke about his own experience with a burglary. The police department is undermanned and overtaxed and asked where the money is going. Gregory Taylor, San Bernardino, said his previous concerns had been addressed after the last council meeting and thanked the mayor and councilmember Richard for their help. He said that people need to partner with the city council, mayor and churches to make the City better. Eric Menchaca, We Love You Foundation, spoke about the foundation and its services. Dr. Newman, San Bernardino, read from Isaiah, Chapter 10. He said that a parking citation he received was illegitimate and thanked Jackie from the Mayor’s offocie for her efforts to help him in the matter. He asked for the return of $54 on the citation on his motor home in July of 2015. Luis Ojeda, San Bernardino, thanked people for attending the SB Food Fest. He said he is quick to criticize and quick to praise. The process was challenging, and took three months’ work to gather the proper permits, but some visitors were pleasantly surprised about the success of the event. He invited people to the next event. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2019 Shirley Harlan, San Bernardino, said many people want to continue to have the animal shelter in town. 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. The City Manager pulled item 16 and asked that item 27 be placed under staff reports. Councilmember Ibarra pulled items 10, 11, 13, 14, 19, and 22. Councilmember Shorett pulled item 9. Councilmember Nickel pulled item 12. Councilmember Mulvihill pulled items 23 and 28. The rest of the items were approved with the following vote: RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated July 27, 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for June 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Application for Statewide Park Development and Community Revitalization Program Grant Funds Approved Motion: Adopt the resolution. Reso. No. 2019-164 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the submittal of an application for Statewide Park Development and Community Revitalization Program Grant Funds to the State of California. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Access Improvements to the Restrooms at the 201 North E Street Building Approved Motion: Adopt the resolution. Reso. No. 2019-188 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with ENL Building Service Inc., in the amount of $187,400 for access improvements to the restrooms at the 201 North E Street Building; authorize the construction contingency in the amount of $18,700; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Access Improvements to the Entrance Doors of the 201 North E Street Building Approved Motion: Adopt the resolution. Reso. No. 2019-189 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with LM Rasmussen Construction in the amount of $87,700 for access improvements to the entrance doors of the 201 North E Street building; authorize the construction contingency in the amount of $8,700; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2019 12. Authorize Acceptance of Office of Traffic Safety Grant Approved Motion: Adopt the resolution. Reso. No. 2019-264 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY2019/20 State of California Office of Traffic Safety Grant in the amount of $485,000. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 13. City Manager Employment Agreement Approved Motion: Adopt the resolution. Reso. No. 2019-184 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Teri Ledoux to commence on July 1, 2019. RESULT: ADOPTED [5-3]* MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard, Valdivia (Mayor votes on City Manager contract) NOES: Ibarra, Shorett, Mulvihill Alternate Motion: Approve a contract for City Manager, keeping the salary at the current salary provided to the Assistant City Manager ($210,000) and requiring performance review at 60 days. RESULT: FAILED [5-3]* MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shoreet, Council Member, Ward 4 AYES: Ibarra, Shorett NOES: Sanchez, Figueroa, Nickel, Richard, Mulvihill, Valdivia (Mayor votes on City Manager contract). Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2019 14. Professional Services Agreement to Z&K Consultants, Inc. for Staff Augmentation Services Approved Motion: Continue the item to the next Council meeting. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 15. Authorize Acceptance of Urban Areas Security Initiative FY2018 Grant Approved Motion: Adopt the resolution. Reso. No. 2019-169 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY2018 Urban Areas Security Initiative Grant in the amount of $308,200. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Final Reading - Development Code Amendment 19-01; and Amendment to Title 5, Section 5.10.250 Speakers Joe Devlin Ben Eilenberg Christopher Kim The mayor stepped away from the dais because he has a conflict on this item based on business interests. Approved Motion: Accept for final reading and adopt MC-1519 MC-1519 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 5.10.250 of the City of San Bernardino Municipal Code relating to the location of cannabis businesses and approving Development Code Amendment 19-01 amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code relating to Commercial Cannabis Activities pursuant to Chapter 5.10 (Commercial Cannabis Activities) of the Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2019 City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 YES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill * The council took a recess at 10:19 p.m. and reconvened at 10:45 p.m. 17. February, April, May and June 2019 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 May and June 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. NPDES Local Implementation Plan (LIP) Approved Motion: Adopt the resolution. Reso. No. 2019-170 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving NPDES Local Implementation Plan (LIP). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2019 19. Amendment No. 1 to Passenger Amenities Program Agreement with Omnitrans for Current and Future Bus Stops Approved Motion: Adopt the resolution, and negotiate that Omnitrans clean the bus stops and receptacles more often. Reso. No. 2019-171 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to Passenger Amenities Program Agreement with Omnitrans for current and future bus stops. RESULT: ADOPTED [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24) for Measure I Local Expenditures Approved Motion: Adopt the resolution. Reso. No. 2019-172 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan For FY 2019/2020 through FY 2023/2024, Measure I Expenditure Strategy. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. Application for Used Oil Payment Program Approved Motion: Adopt the resolution. Reso. No. 2019-173 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/11/2019 22. San Bernardino County Flood Control District Reimbursement for the Patton Basin Storm Drain Repairs Approved Motion: Adopt the resolution. Reso. No. 2019-174 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving San Bernardino County Flood Control District reimbursement in the amount of $106,348.63 for the Patton Basin Storm Drain Repairs and approve a one-time appropriation from the Storm Drain Fund Balance. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. City Wide Classification and Compensation Study Consultant Speaker Hardy Brown Approved Motion: Adopt the resolution. Reso. No. 2019-175 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a professional services agreement between the City of San Bernardino and Public Sector Personnel Consultants. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/11/2019 24. Purchase of Property, Auto, Terrorism, Difference in Conditions and Cyber Security Insurance Approved Motion: Adopt the resolution. Reso. No. 2019-176 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to purchase the City’s Property, Auto, Terrorism, Difference in Condition (DIC), and Cyber Security Insurance Policies for Policy Term July 31, 2019 to July 31, 2020, and authorizing the Director of Finance to amend the FY 2019/20 Adopted Budget in the amount of $164,215. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 25. Security Services Contract Transfer to Public Works Approved Motion: Authorize the Director of Finance to amend the FY 2019/20 Budget by transferring $150,000 from the Police Department operating budget to the Public Works Department operating budget for the administration and management of the City’s Security Services Contract. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 26. Legislative Update This item was pulled at the request of the City Manager. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/11/2019 * 27. Consider Amendments to Municipal Code Relating to Meeting Decorum Speakers Hardy Brown Shirley Harlan * This item was moved and considered under Staff Reports. No vote was taken on this item. 28. Resolution Rescinding Resolution No. 2015-71 Adopting Operating Practices for Good Governance Approved Motion: Adopt the resolution. Reso. No. 2019-187 Resolution of the Mayor and City Council of the City of San Bernardino, California, rescinding Resolution No. 2015-71 Adopting Operating Practices for Good Governance. RESULT: ADOPTED [5-2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill Approved Motion: Overrule the motion to table the item. RESULT: ADOPTED [4-3] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 6 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill Failed Motion: Table the item. RESULT: No vote taken MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 STAFF REPORTS 29. 2019 League of California Cities Annual Conference Delegate and Alternates Approved Motion: Approve Councilmember Shorett as the voting delegate and Councilmember Mulvihill and Mayor Valdivia as alternates for the League of California Cities Annual Conference October 16-18, 2019 in Long Beach, California. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 10/11/2019 The council approved the item by consensus. 30. Meadowbrook Pedestrian Bridge Approved Motion: Continue the item. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 31. Professional Services Agreements (3) with Stradling Yocca Carlson & Rauth P.C. for Special Legal Services Related to Litigation and Reorganization and Financial Restructuring Approved Motion: Adopt the resolutions. Reso. No. 2019-185 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of two Professional Services Agreements between the City of San Bernardino and Stradling Yocca Carlson & Rauth P.C. related to Reorganization and Financial Restructuring and Litigation Services; and Reso. No. 2019-186 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Professional Services Agreement between the City of San Bernardino Acting as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino and Stradling Yocca Carlson & Rauth P.C. for legal services related to litigation. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra PUBLIC HEARINGS 32. Public Hearing on the Formation of Community Facilities District 2019-1 (Maintenance Services) for Tract 17170, Adoption of Resolutions Establishing the Community Facilities District, and First Reading of an Ordinance Levying Special Taxes for Fiscal Year 2019-20 The mayor opened the public hearing at 11:47 p.m. It was closed at 11:52 p.m. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 15 Printed 10/11/2019 Recommendations: Hold a Public Hearing; Adopt the resolutions; Introduce Ordinance No. MC-1522; and Schedule the final reading and adoption of Ordinance No MC-1522 for August 7, 2019. Approved Motion: Adopt Resolution No. 2019-178 Reso. No. 2019-178 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2019-1 (Maintenance Services); calling an election for the purpose of submitting the question of the levy of the proposed special tax to the qualified electors of the proposed Community Facilities District; authorizing the levy of special taxes; and establishing the appropriations limit for the proposed Community Facilities District RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Approved Motion: Adopt Resolution No. 2019-179 Reso. No. 2019-179 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Approved Motion: Waive reading and introduce Ordinance No. MC-1522 MC-1522 Ordinance of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2019-2020 to pay the annual costs of the maintenance and servicing of Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 16 Printed 10/11/2019 landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 33. Business Registration Liens Approved Motions: Conduct a Public Hearing; and Adopt the resolution. Reso. No. 2019-180 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties. Conduct a public hearing to receive public comment on the matter, direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 34. Solid Waste Account Liens Approved Motions: Conduct a Public Hearing; and Adopt the resolution. Reso. No. 2019-181 Resolution of the Mayor and City Council of the City of San Bernardino, California, of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services. Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 17 Printed 10/11/2019 RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 35. Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 W. 5Th Street) Mayor Valdivia opened the public hearing and Clerk Hanna swore in those people who wished to speak on the item. Speakers Fernando Castro, oppose Gil Botello, oppose Rick Singh, applicant Michael Lemas, oppose Charlene Walton, oppose Yvonne Flowers, oppose Approved Motions: Conduct a Public Hearing; and Overturn the denial of the Planning Commission for a Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License to a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the existing Buena Market located at 1338 W. 5th Street, Suite 105 (APN: 0138-115-12) within the Paseo Las Placitas Specific Plan (SP-PLP) area; and requiring size of bottles sold to be equal to or greater than 750 ml and monitoring every 6 months of for two years. RESULT: ADOPTED [4-3]* MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Shorett, Mulvihill ABSENT: Ibarra *The mayor broke the tie of 3-3 with a yes vote Failed Motion: Accept staff recommendation and approve denial of a hard liquor license to the business Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 18 Printed 10/11/2019 RESULT: FAILED [3-4]* MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Shorett, Mulvihill NOES: Figueroa, Nickel, Richard ABSENT: Ibarra The mayor broke the tie of 3-3 with a no vote 36. Appeal 19-02 – La Cadena Market Conditional Use Permit 18-25 (1111 W. 9Th Street) Speakers Dick Evett, client representative Mr. Singh, client Violeta Cortez, oppose Approved Motions: Conduct a Public Hearing; and Approve a Type-20 (Off-Sale Beer & Wine) License for the existing La Cadena Market located at 1111 W. 9th Street (APN: 0139-243-13) within the Commercial General (CG-1) zone. RESULT: ADOPTED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra ITEMS RO BE REFERRED TO COMMITTEE OR ON FUTURE AGENDAS Councilmember Nickel asked that the council consider a higher fine for fireworks, a moratorium on mobile homes and modular homes outside of mobile home parks and a creation of a General Plan Advisory Committee and to begin moving forward on discussion of dissolution of the Byce Property Councilmember Figueroa would like the city to have a dialog with the National Orange Show regarding cannabis. And asked how to begin transitioning police out of the Animal Shelter. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS 37. League of California Cities 2019 Policy Committee Update Councilmember Nickel gave a report on his attendance at the League of California Cities 2019 Policy Committee. No vote was taken on this item. 38. League of California Cities - Mayors & Council Members Executive Forum and Advanced Leadership Workshops – June 19-21, 2019 Mayor Valdivia and Councilmembers Sanchez, Figueroa, Shorett, Nickel, Richard and Mulvihill provided oral reports Regular Meeting Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 19 Printed 10/11/2019 ADJOURNMENT The meeting adjourned at 12:47 a.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 August 7, 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