HomeMy WebLinkAbout01-03-2018 MCC Minutes
City of San Bernardino
Mayor R. Carey Davis
Council Members
300 North "D" Street
Virginia Marquez
San Bernardino, CA 92418
Benito Barrios
http://www.sbcity.org
John Valdivia
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
MINUTES
F OR THE
J OINT R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S UCCESSOR H OUSING
A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND THE M AYOR AND C ITY C OUNCIL OF
THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OINT P OWERS F INANCING
A UTHORITY
WEDNESDAY, JANUARY 3, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino
was called to order by Mayor R. Carey Davis at 4:02 PM, Wednesday, January 3, 2018,
in the Board Room, 201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 4:00 PM
Benito J. Barrios Council Member, Ward 2 Present 4:05 PM
John Valdivia Council Member, Ward 3 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
R. Carey Davis Mayor Present 4:00 PM
Georgeann "Gigi" Hanna City Clerk Present 4:00 PM
Gary D. Saenz City Attorney Present 4:00 PM
Mayor and City Council of the City of San Bernardino Page 1 Printed 1/3/2018
Joint Regular Meeting Minutes January 3, 2018
Closed Session
Senior Assistant City Attorney Jolena Grider announced that the matter of
Robinski Renter v City of S.B. and David Green, San Bernardino County Superior Court
Case No. CIVII- 07222GAFCWX arose after the posting of the agenda and needed to
be added to Closed Session.
Approved
Motion: Add the item to the Closed Session agenda
RESULT: ADOPTED \[6-0\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill
ABSENT: Barrios
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1):
In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ
Andrade, Edward v. City of S.B., San Bernardino County Superior Court Case
No. CIVDS 1511329
AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino County
Superior Court Case No. CIVDS 1702219
Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior
Court Case No. CIVDS 1702131
Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County
Superior Court Case No. CIVDS 1704276
Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior
Court Case No. CIVDS 1712424
INVOCATION AND PLEDGE OF ALLEGIANCE
Father Leonard D. DePasquale, of St. Bernardine Catholic Church led the invocation.
Council Member Bessine Richard led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Saenz reported the following actions took place in Closed Session:
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Andrade, Edward v. City of S.B., San Bernardino County Superior Court Case
No. CIVDS 1511329
The council gave litigation directive by a vote of 7-0.
Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior
Court Case No. CIVDS 1702131
The council gave litigation directive by a vote of 6-0, with Council Member
Valdivia absent.
Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County
Superior Court Case No. CIVDS 1704276
The council gave litigation directive by a vote of 6-0, with Council Member
Valdivia absent.
Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior
Court Case No. CIVDS 1712424
The council gave litigation directive by a vote of 6-0, with Council Member
Valdivia absent.
Robinski Renter v City of S.B. and David Green, San Bernardino County
Superior Court Case No. CIVII- 07222GAFCWX
The council gave settlement direction by a vote of 7-0.
Presentations
1. Proclamation Designating January 2018 as Earned Income Tax Credit
Awareness Month – Mayor R. Carey Davis
Mayor Davis presented a proclamation designating January as the Cal EIC
month to Blanca Lopez, Inland Region Campaign Director for Golden State
Opportunity Foundation.
2. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange, director of business resources for the Chamber of Commerce,
announced the upcoming Chamber activities.
2a. Joint Powers Financing Authority authorizing the execution and delivery of
Documents
City Manager Travis-Miller requested that the Mayor and Council add an item to
the evening’s agenda, relating to an action at the 12/20/17 meeting involving the
Joint Powers Financing Authority. She advised that they needed to add the item,
and then they could hear the item.
Approved
Motion: Add the item to the agenda.
Mayor and City Council of the City of San Bernardino Page 3 Printed 1/3/2018
Joint Regular Meeting Minutes January 3, 2018
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Approved
Motion: Adopt the resolution.
Reso. 2018-11 Resolution of the San Bernardino Joint Powers Financing
Authority making required findings and authorizing the
execution and delivery of documents relating to the issuance
of 2018 lease revenue refunding Bonds in an aggregate
principal amount not to exceed $4,500,000 for the purpose
of refunding the 1996 lease revenue refunding Bonds, and
authorizing and directing certain actions in connection
therewith.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Consent Calendar
Council Member Nickel pulled item 6 and Council Member Richard pulled item 10 for
further discussion. The remaining Consent Calendar items were voted on in a single
vote:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
3. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of resolutions and ordinances on the
agenda dated January 3, 2018.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San Bernardino Page 4 Printed 1/3/2018
Joint Regular Meeting Minutes January 3, 2018
4. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for
December 2017.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5. City Council Approval of Draft Minutes
Approved
Motion: Approve the minutes of the Mayor and City Council
meetings of November 20, 2017, December 6, 2017,
and December 20, 2017.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Award a Construction Contract for a Traffic Signal at Waterman Avenue
and the I-215 Freeway On-Ramp
Approved
Motion: Adopt the resolution.
Reso. 2018-01 Resolution of the Mayor and City Council of the City
of San Bernardino, California, awarding a construction
contract in the amount of $168,214 to International
Line Builders, Inc. of Riverside for the installation of a
traffic signal at Waterman Avenue and the I-215
Freeway On-Ramp (TC16-002) per Plan No. 13123.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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7. LMD Contract Extensions for Areas G, H, I, and J
Approved
Motion: Adopt the resolutions.
Reso. 2018 -02 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the execution of a two month extension of
contract for the maintenance of landscaping in various
assessment districts, known as Area “G,” with R. P.
Landscape & Irrigation;
Reso. 2018 -03 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the execution of a two month extension of
contract for the maintenance of landscaping in various
assessment districts, known as Area “H,” with
Willowbrook Landscape, Inc.;
Reso. 2018 -04 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the execution of a two month extension of
contract for the maintenance of landscaping in
Assessment District No. 1024, known as Area “I,” with
Willowbrook Landscape, Inc.;
Reso. 2018 -05 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing and
directing the execution of a two month extension of
contract for the maintenance of landscaping in various
assessment districts, known as Area “J,” with
Willowbrook Landscape, Inc.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
8. Arrowhead Grove Mixed-Income Housing Project - Conditional Funding
Commitment for Phases 2 and 3
Approved
Motion: Adopt the resolution.
Reso. 2018 -06 Resolution of the Mayor and City Council of City of
San Bernardino, California, authorizing the conditional
commitment of federal funds to the Arrowhead Grove
mixed-income housing project for phases 2 and 3.
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RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
9. Notice of Intent to Conduct a Public Hearing to Consider Adjusting the
Maximum Permitted Service Rate for Integrated Solid Waste, Recycling,
Greenwaste Collection, Processing, and Disposal, Street Sweeping, and
Right-Of-Way Cleanup Services
Approved
Motion: Adopt the resolution.
Reso. 2018 -07 Resolution of the Mayor and City Council of the City
of San Bernardino, California, setting a public hearing
for 5:00 PM on February 21, 2018, or once noticing
requirements are determined to be satisfied by the
City Manager, to consider adjustments to the
Maximum Permitted Service Rates for solid waste
processing, recycling, and disposal services.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
10. 2010A and 2010B Tax Allocation Bonds Series
Approved
Motion: Receive and file the report regarding 2010A and
2010B Tax Allocation Bond Series.
No vote was taken on this item.
Staff Reports
11. Establish Neighborhood Pride Program
Approved
Motion: Adopt the resolution.
Reso. 2018 -08 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to establish and implement the
Neighborhood Pride Program.
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RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
12. Ordinance Amending San Bernardino Municipal Code Chapter 2.56 Related
to Elections – First Reading
Approved
Motion: Introduce for first reading an Ordinance of the Mayor
and City Council of the City of San Bernardino,
California, amending Chapter 2.56 of the City of San
Bernardino Municipal Code related to elections to
implement the provisions of the newly-adopted Charter.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Public Hearings
13. Conduct a Public Hearing to Consider the Vacation of a Portion of Chestnut
Avenue North of Little League Drive and South of Cable Creek Channel
Mayor Davis opened the hearing.
Approved
Motion: Close the public hearing and adopt the resolution.
Reso. 2018 -09 Resolution of the Mayor and City Council of the City of
San Bernardino, California, ordering the vacation of a
portion of Chestnut Avenue North of Little League
Drive and South of Cable Creek Channel and the
reservation of a utility easement therein.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
14. Tax Equity and Fiscal Responsibility Act Hearing – the Plaza Senior
Apartments – 555 North G Street
Mayor Davis opened the hearing. There were no speaker who asked to give
testimony.
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Speaker
Joseph Moreno, applicant
Approved
Motion: Close the public hearing and adopt the resolution.
Reso. 2018 -10 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the issuance
by the California Public Finance Authority of
multifamily housing revenue bonds in an aggregate
principal amount not to exceed $30,000,000 for the
purpose of financing or refinancing the acquisition and
rehabilitation of The Plaza Senior Apartments and
approving certain related actions.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia MArquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
15. Substantial Amendment to the FY 2017-2018 Action Plan
Approved
Motion: Continue the public hearing to January 17, 2018.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
16. Public Comments on Items Not on the Agenda
Robert Porter, San Bernardino, said the city residents want people who work for
the city to live in the City.
Pilar Cole, San Bernardino, said advocating for the disabled gives individuals
with disabilities the strength to not give up. She spoke about a pre-employment
training program and said they need grab bars for the lab.
Marven Norman, San Bernardino, spoke about the transportation grant cycle
and said that it would be a travesty if San Bernardino missed receiving grant
funds. He also spoke about the need for chargers for those who drive electric
cars and would like to see coordination for people who desire to install chargers
at their homes.
Bill Ricks, San Bernardino, congratulated the council on the repeal of Measure
O. He said some of the taxes raised in cannabis sales should go to help
homeless problem, improving parks, and beautifying the city.
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Stephen Rogers, Redlands, said he had some ideas about public-private
partnerships to help the city. He read a letter that he has sent to the city and was
hoping to have an appointment with the Mayor and City Manager.
17. Items to be Referred to Council Committees
Council Member Nickel asked what effect the state’s recent sanctuary status has
on the city’s ability to receive Department of Justice funding and asked staff to
assess the potential impact and determine an appropriate response.
Council Member Valdivia asked for an update regarding an SCE resolution and
said they need to discuss at the council level if the resolution is helpful and asked
for it again.
Council Member Valdivia said the state Assembly’s budget process will begin in
February and said it is important that the council come up with legislative
priorities to give to state representatives so San Bernardino is not left behind. He
also asked for a state transportation update.
Council Member Barrios reminded the council that they need to vote for mayor
pro-tem and volunteered for the position.
18. Announcements by Mayor, City Council, and Executive Staff
Announcements were made by council members about the events in their
respective wards. The City Manager announced that the latest edition of the City
newsletter had been emailed to those on the mailing list. She also announced the
hiring of Patricia Rhay as the new Public Works Director. City Clerk Hanna
announced that the nomination period for the upcoming election of Mayor and
Wards 1, 2 and 4 will begin in February.
19. Adjournment
The meeting adjourned at 6:56 p.m. in the memory of David Castorena, Marylinn
Alcantar, Frances Grice, Lin Bynum and Sheriff Deputy Larry Falce.
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, January 17, 2018 at 4:00 p.m. in the Council
Chamber located at 201 N. E Street, San Bernardino, California 92401. Closed
Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
By: __________________________
Georgeann “Gigi” Hanna, CMC
City Clerk
Mayor and City Council of the City of San Bernardino Page 10 Printed 1/3/2018