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Home My WebLink About08-15-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 290 North D Street Virginia Marquez San Bernardino, CA 92401 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard James 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, AUGUST 15, 2018 The Joint Regular Adjourned Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, August 15, 2018, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Absent ----------- 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 4:30 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 Sonia Carvalho Senior Assistant City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 8/15/2018 Joint Regular Meeting Minutes August 15, 2018 CLOSED SESSION 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 Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755, and Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Chris Reinhard of Sandals Church. The Pledge of Allegiance was led by Sophie Maust, a fifth grade student at Palm Avenue Elementary School. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho reported the following action took place in Closed Session:  In re: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)), the council approved a settlement by a vote of 6-1, with council member Barrios absent. APPOINTMENTS 1. Animal Control Commission Approved Motion: Appoint Ms. Angela Halfman to the Animal Control Commission. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel Richard, Mulvihill ABSENT: Barrios 2. Arts & Historical Preservation Commission Approved Motion: Appoint Mr. Hazael Perez Calleros to the Arts & Historical Preservation Commission. Mayor and City Council of the City of San Bernardino Page 2 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Valdivia, Shorett, Nickel Richard, Mulvihill ABSENT: Barrios PRESENTATIONS 3. Youth Recognition – Vannesa Ramirez, Sierra High School – Council Member Virginia Marquez Council member Marquez honored Ms. Ramirez for her academic achievements and community service. Senator Michael Morell’s office also recognized her achievements. 4. Youth Recognition – Khushi Patel – Council Member John Valdivia Council member Valdivia honored Ms. Patel for her academic achievements, including medals for excellence in math, social science, foreign language, as well as her grade point average and community service. Senator Michael Morell’s office also recognized her achievements. 5. Youth Recognition – Siya Patel – Council Member John Valdivia Council member Valdivia honored the fifth grade student from Cesar Chavez Middle school for her grade average, her perfect attendance, her performance in the science fair and for being awarded the President’s Award at her school. Senator Michael Morell’s office also recognized her achievements. 6. Citizen of the Month – John Shollenberger – Council Member James Mulvihill Council member Mulvihill honored Mr. Shollenberger, a block captain in the seventh ward, for his efforts promoting the city. Senator Michael Morell’s office also recognized his achievements. 7. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens, board member for the Chamber of Commerce, announced the Chambers activities for the next two weeks. Public Comments for Items Listed and Not Listed on the Agenda Alice Chow, spoke about efforts she and others have made to organize a non-profit for the benefit of animals in the city. She said there is great interest on the matter. She gave her plans for years one through five, having the shelter become its own entity separate from the police department, use existing funds to improve the shelter and make it safer, have her non-profit recruit and screen volunteers and take over the shelter in year five. She urged that the city and the volunteers work together. Andrea Neyses, spoke about the staffing at the city Animal Shelter. She said her group could adopt animals out of the shelter but that there is no staff left to help and asked that there be more hires. Dave Brown, San Bernardino, spoke about the animal shelter and asked for clarification about the timing of hiring of staff. He said people who want to volunteer are Mayor and City Council of the City of San Bernardino Page 3 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 being turned away. He asked that the buildings be evaluated and a cost analysis to repair or rebuild the shelter. the need for staffing. Dorothy Garcia, San Bernardino, loaned the book “Our Towns” to the council and Mayor and asked them to read them, and then donate them to the local library. She also spoke about a photography exhibit at the Garcia Center for the Arts. Robert Porter, San Bernardino, asked that the council follow its posted council meeting rules, specifically the one about paying attention to speakers. He also spoke about enticing city workers to live in the city. He said the city is top heavy in terms of salary. Consent Calendar City Manager Miller pulled item 13 so that it would be considered under Staff Reports. The rest of the items were voted on with a single motion. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 8. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 15, 2018. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 9. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for July 2018. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios Mayor and City Council of the City of San Bernardino Page 4 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 10. Lease Agreement with Akoma Unity Center for Use of the Anne Shirrells Community Center Approved Motion: Adopt the resolution. Reso. 2018-208 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Akoma Unity Center for facility use of the Anne Shirrells Community Center at 1367 North California Street, San Bernardino, California from July 1, 2018 through June 30, 2021. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 11. Award of Construction Contract for Street Light Improvement at Broadmoor Blvd to Quality Light and Electrical Approved Motion: Adopt the resolution. Reso. 2018-229 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a construction contract with Quality Light and Electrical (QLE) in the amount of $528,176.40; authorizing a construction contingency in the amount $52,817.60; authorizing the City Manager or designee to sign all necessary documents; and authorizing the City Manager to expend the contingency fund, if necessary, to complete the project per Special Provisions No. 13219. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 12. Center of Employment Opportunities Agreement Approved Motion: Adopt the resolution. Reso. 2018-230 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending an Agreement between the City of San Bernardino and the Center for Employment Mayor and City Council of the City of San Bernardino Page 5 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 Opportunities for Citywide landscape maintenance services and weed abatement. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 13. First Reading - Amendment of Chapter 10.52 of the San Bernardino Municipal Code to Reduce the Speed Limit on Arrowhead Avenue Between Highland Avenue and Thompson Place from 45 Mph to 40 Mph This item was removed from the Consent Calendar and considered as part of the Staff Reports. Speakers Catharine Boeck James Mulvihill Approved Motion: Continue the item and direct staff to compare the issues brought up during the meeting to the warrants and return with recommendations based on that comparison, and potential traffic calming measures. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 14. Designate Six Parking Stalls in the Santa Fe Depot Parking Lot for the Exclusive Purpose of Fueling and Parking Zero Emission Vehicles (ZEV) in Accordance with California Vehicle Code Section 22511 Approved Motion: Adopt the resolution. Reso. 2018-231 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the designation of six parking stalls in the Santa Fe Depot parking lot for the exclusive purpose of fueling and parking of Zero Emission Vehicles (ZEV) in accordance with California Vehicle Code Section 22511. Mayor and City Council of the City of San Bernardino Page 6 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 15. Passenger Amenities Program Agreement with Omnitrans for Current and Future Bus Stops Approved Motion: Adopt the resolution. Reso. 2018-232 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Passenger Amenities Program Agreement with Omnitrans for current and future bus stops. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 16. Fifth Amendment to the Agreement for Professional Services with AECOM Technical Services, Inc. for the Design of the Mt. Vernon Avenue Overhead Replacement Project Approved Motion: Adopt the resolution. Reso. 2018-234 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a Fifth Amendment to the Agreement for Professional Services with AECOM Technical Services, Inc. for the Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066 and amending the FY 2018/19 Budget. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios Mayor and City Council of the City of San Bernardino Page 7 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 17. Five-Year Capital Improvement Program (FY 2018/19 to FY 2022/23) for Measure I Local Expenditures Approved Motion: Adopt the resolution. Reso. 2018-235 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Five-Year Capital Improvement Program (FY 2018-2023) for Measure I Local Expenditures. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 18. Subordination of Deed of Trust in Connection with 6044 Gregory Street San Bernardino, California Approved Motion: Adopt the resolution. Reso. 2018-236 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, approving a Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating to real property located at 6044 Gregory Street, San Bernardino, California. RESULT: ADOPTED \[6-0\] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios Staff Reports 19. Resolution of Intent to Establish Community Facilities District 2018-1 (Safety Services) of the City of San Bernardino and Levy Special Taxes on Property Within the District There will be a public hearing regarding the formation of CFD 2018-1, and a subsequent election, at the MCC meeting on September 19, 2018. Approved Motion: Adopt the resolution. Reso. 2018-239 Resolution of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 8 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 Bernardino, California declaring its intention to establish Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino and authorizing the levy of a special tax on property within the District to pay the costs of providing public safety services. RESULT: ADOPTED \[6-0\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 20. Resolutions of Intention to Establish Community Facilities District 2018-2 (Verdemont Ranch) of the City of San Bernardino and to Incur Bonded Indebtedness in an Amount Not to Exceed $5,000,000 for Certain Public Improvements There will be a public hearing regarding the formation of CFD 2018-2, and a subsequent election, at the MCC meeting on September 19, 2018. Approved Motion: Adopt the resolutions. Reso. 2018-240 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to establish Community Facilities District (CFD) No. 2018-2 (Verdemont Ranch) of the City of San Bernardino to authorize the levy of a special tax to pay the cost of acquiring or constructing certain facilities, and to pay debt service on bonded indebtedness, and Reso. 2018-241 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to incur bonded indebtedness in an amount not to exceed $5,000,000 within the proposed CFD No. 2018-2 of the City of San Bernardino. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel Richard, Mulvihill ABSENT: Brarios Mayor and City Council of the City of San Bernardino Page 9 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 21. Legislative Update Approved Motion: Receive and file the legislative platform; authorize the Mayor, on behalf of the City of San Bernardino, to sign a letter of opposition for proposed Assembly Bill 2495 as introduced; and authorize the Mayor, on behalf of the City of San Bernardino, to sign a letter of opposition for proposed Assembly Bill 2681 as introduced. RESULT: ADOPTED \[6-0\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios 22. Ordinance No. MC-1503 -- Amending Chapter 5.10 of the San Bernardino Municipal Code Related to the Regulation of Commercial Cannabis Activities Speaker Ben Eilenberg Approved Motion: Introduce the ordinance. MC-1503 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 5.10 of the San Bernardino Municipal Code related to the Regulation of Commercial Cannabis Activities. RESULT: ADOPTED \[6-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios Mayor and City Council of the City of San Bernardino Page 10 Printed 8/30/2018 Joint Regular Meeting Minutes August 15, 2018 23. ADJOURNMENT The meeting adjourned at 7:03 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 is scheduled for 4:00 p.m., Wednesday, September 5, 2018, in the Council Chamber at 201 N. “E” Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 11 Printed 8/30/2018