The URL can be used to link to this page

Home My WebLink About10-17-2018 MCC Minutes City of San Bernardino Mayor R. Carey Davis Council Members 201 North E Street Virginia Marquez San Bernardino, CA 92401 Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO WEDNESDAY, OCTOBER 17, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:02 PM, Wednesday, October 17, 2018, in the Council Chamber, 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 4:00 PM John Valdivia Council Member, Ward 3 Present 4:06 PM Fred Shorett Council Member, Ward 4 Present 4:05 PM Henry Nickel Council Member, Ward 5 Present 4:03 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 Andrea Miller City Manager Present 4:00 PM Mayor and City Council of the City of San Bernardino Page 1 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 Closed Session The Council immediately went into closed session to consider the following issues: 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  Andrew Strebel v. City of San Bernardino, WCAB Claim No. CSBY-8882  Robert Evans v. City of San Bernardino, WCAB Claim No. CSBY-9855  David Pel v. City of San Bernardino, WCAB Claim No. CSBY-1027  William Beaumont v. City of San Bernardino, WCAB Case Nos. ADJ733149; ADJ8113482; and ADJ10282129  Arnold Mathias v. City of San Bernardino, WCAB Case Nos. ADJ11173952 and ADJ10646820  Isaac Horn v. City of San Bernardino, WCAB Case No. ADJ10128925 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):  One Item INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Allen Savory of Sixteenth Street Seventh Day Adventist Church. The Pledge was led by Councilmember Jim Mulvihill. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho reported that all items listed under “existing litigation” (Pursuant to Government Code Section 54956.9(a) and (d)(1)) were approved for settlement by unanimous vote:  Andrew Strebel v. City of San Bernardino, WCAB Claim No. CSBY-8882  Robert Evans v. City of San Bernardino, WCAB Claim No. CSBY-9855  David Pel v. City of San Bernardino, WCAB Claim No. CSBY-1027  William Beaumont v. City of San Bernardino, WCAB Case Nos. ADJ733149; ADJ8113482; and ADJ10282129  Arnold Mathias v. City of San Bernardino, WCAB Case Nos. ADJ11173952 and ADJ10646820  Isaac Horn v. City of San Bernardino, WCAB Case No. ADJ10128925 She also reported that the one item listed under “Anticipated litigation” ((Pursuant to Government Code Section 54956.9(d)(4)) garnered unanimous support from the council. Mayor and City Council of the City of San Bernardino Page 2 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 APPOINTMENTS 1. Personnel Commission Appointment APPROVED MOTION: Approve the appointment of Ms. Rosina L. Motta to the Personnel Commission. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 2. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Ms. Valerie A. Lichtman to the Library Board. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 3. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Dr. Milton Clark to the Library Board. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. Library Board Reappointment APPROVED MOTION: Approve the reappointment of Mr. Thomas G. Rennard to the Library Board. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 3 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 Presentations 4A. Proclamation in Honor of the San Bernardino Symphony’s 90th Anniversary Symphony Executive Director Anne Viricel and Board President, Dean McVay, accepted the proclamation. The symphony also received recognition from Senator Mike Morell’s office. 4B. Youth Recognition – Tais Peralta, Middle College High School – Council Member Valdivia Councilmember Valdivia honored high school senior Tais Peralta for academic achievement. He also received recognition from Senator Mike Morell’s office. 5. Citizen of the Month -Valerie Uribe - Council Member Benito J. Barrios Councilmember Barrios Valdivia honored Ms. Uribe as Citizen of the Month. 6. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens announced the chamber of commerce’s upcoming events, and thanked the Mayor for being a judge at the recent Police Foundation fundraising barbeque. Public Comments for Items Listed and Not Listed on the Agenda Scott Olson, San Bernardino, spoke about various campaigns he has worked on and problems he sees with the current Mayor. Bobby Moore, San Bernardino spoke about Perris Hill Park and homeless issues. He said the situation is disgusting and asked for help. Jackie Williams, San Bernardino, spoke about a neighbor who bought a house and immediately sold it because they could not handle the homeless situation at Perris Hill Park. Paul Sanborn, San Bernardino, said there was no civility or ethics in town and recommended a vote for Valdivia. He also stated his preference for the Water Board race. Robert Porter, San Bernardino, discussed Native American Day at California State University San Bernardino and his “I Love San Bernardino” Facebook page. Luis Ojeda invited the community to join the “We Are the Change” group on Sundays for their weekly clean-up around the city. Alice Chow spoke about the Animal Care Foundation and about problems the group is having with San Bernardino Animal Shelter operations. Bertie Vanettes, San Bernardino, spoke about the Animal Shelter. Claudia Wiggins, San Bernardino, thanks the mayor, council, and police for improvements at the H Street Clinic since her last visit to the Mayor and City Council meeting. Debbie Kauffman, San Bernardino, spoke In support of keeping the Animal Shelter in the city. Mayor and City Council of the City of San Bernardino Page 4 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 Jim Smith, San Bernardino, spoke about living in San Bernardino since 1950 and read a San Bernardino Sun editorial endorsing Mayor Davis. Captain Mike, San Bernardino, spoke about taking a group to Seccombe Lake Park to fish as part of a California Fishing Association program and was embarrassed of the state of the lake and immediately left. He added that client from the Lighthouse for the Blind enjoyed the trip. Myra Perez, Rialto, spoke in support of the animal shelter and said that outsourcing was not the answer. She said that as a realtor she has many clients in San Bernardino and sometimes finds dead animals left on properties. She said without an animal shelter in the city, the situation will be worse. Sandra Ibarra, San Bernardino, spoke about bullying and online comments, spoke against her opponent in the council election and asked about several work orders for repairs in the Second Ward that she asked for follow-up. Barbara Babcock, San Bernardino, spoke about an annual safe schools summit, the need for council stability and said she votes for people for their ethics. She also spoke against bullying. Sung Kim spoke about the San Bernardino County Homeless Services, United Way and Salvation Army declaring a state of housing emergency in order to apply for emergency grant funds. He asked what was happening and said residents’ fears would be alleviated with more information. Consent Calendar Items on the consent calendar are considered routine and are voted on in one vote. Items 7 through 24 have the same vote, unless it is indicated that the item was pulled for further discussion. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, 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 October 17, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 5 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 8. City Council Approval of Commercial and Payroll Checks APPROVED MOTION: Approve the commercial and payroll checks for September 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. City Council Approval of Draft Minutes APPROVED MOTION: Approve the minutes of the Mayor and City Council Regular Meetings of September 19, 2018 and October 3, 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Agreement with Michael Baker International (MBI) for Professional Engineering Services APPROVED MOTION: Authorize the award of a Consultant Services Agreement with Michael Baker International (MBI) for Professional Engineering Services for Citywide Street Lighting Master Plan (TC18-002) and authorize the Director of Finance to issue a purchase order in the amount of $250,000. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Agreement with KOA Corporation for Engineering Design Services for Traffic Signal Improvements APPROVED MOTION: Authorize the award of a Consultant Services Agreement with KOA Corporation for Engineering Design Services for three (3) traffic signals: (TC19-005), (TC19-006) & (TC19- 007), and two (2) traffic signal interconnect/communication systems: (TC19-012) & (TC19-013), and authorize the Director of Finance to issue a purchase order in the amount of $80,090. Mayor and City Council of the City of San Bernardino Page 6 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Guardrail Maintenance, Repair, and Installation Services Agreement APPROVED MOTION: Adopt the resolution. Reso. 2018-282 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual service agreement for guardrail maintenance, repair, and installation with C&W Construction Specialties, Inc. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Plan No. 13241 - Proposed Street Vacation of a Portion of Little Mountain Drive, South of Little Mountain Court, West of 27Th Street – Authorization to Proceed APPROVED MOTION: Authorize staff to proceed with the investigation and analysis for the proposed street vacation for Plan No. 13241. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Issuance of an Annual Purchase Order to Safeway Signs Company APPROVED MOTION: Adopt the resolution. Reso. 2018-283 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an annual purchase order with Safeway Signs Company for the Purchase of traffic signs and materials. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 7 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 15. Establish Residential Parking Permit Program on Lee Street Between Tippecanoe Avenue and Conejo Drive APPROVED MOTION: Adopt the resolution. Reso. 2018-284 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof…” to establish a no parking, except by Permit, at any time zone on Lee Street between Tippecanoe Avenue and Conejo Drive. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Award of Construction Contract for Infill Housing Street and Sidewalk Improvements Project to All American Asphalt APPROVED MOTION: Authorize an Award of Construction Contract to All American Asphalt, in the amount of $1,423,875 for the Infill Housing Street and Sidewalk Improvement project; authorize the City Manager to execute a construction contingency in the amount of $136,125; authorize the Finance Director to amend the FY 2018/19 Adopted Budget to allocate Measure I Funds to the Infill Housing Street and Sidewalk Improvement project; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. Amendment No. 1 to Subgrant Agreement for the Conduct of an Emergency Solutions Grant Project with Step Up on Second Street, Inc. APPROVED MOTION: Authorize the City Manager to execute Amendment No. 1 to the Subgrant Agreement for Emergency Solutions Grant with Step Up on Second Street, Inc. and authorize the City Manager or designee to take further actions to execute additional documents as necessary to effectuate the agreement. Mayor and City Council of the City of San Bernardino Page 8 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. September 2018 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 September 2018. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Amend the FY 2018/19 Adopted Budget to Implement the Approved Elected Official Compensation APPROVED MOTION: Adopt the resolution. Reso. 2018-292 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending the FY 2018/19 Adopted Budget. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. First Amendment to Agreements with Keller Williams Realty Redlands for Listing for Sale of Certain Real Property Assets APPROVED MOTION: Adopt the resolutions. Reso. 2018-288 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset, and approving certain related actions. Reso. 2018-293 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Page 9 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell certain Successor Agency-owned real property assets and approving certain related actions. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 21. Agreement with County for Cancellation of Taxes on 108 Parcels of Real Property APPROVED MOTION: Adopt the resolutions. Reso. 2018-289 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions Reso. 2018-291 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, authorizing the execution of an agreement with the County of San Bernardino for the cancellation of property taxes on certain parcels of real property and certain related actions. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Crime Free Rental Housing Property Update APPROVED MOTION: Receive and file the Crime Free Rental Housing Property Update. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Mayor and City Council of the City of San Bernardino Page 10 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 23. Hometown Heroes Military Banner Agreement to Appropriate Funds for the Purchase of Hometown Heroes Military Banners APPROVED MOTION: Approve a budget amendment appropriating donated funds totaling $8,753.40 from the Hometown Heroes Military Banner Trust account for the purpose of purchasing Military Banners and authorize the Director of Finance to issue a purchase order for the purchase of Military Banners. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 24. Adoption of Resolution No. 2018-294 Relating to Deferral of Certain Development Impact Fees APPROVED MOTION: Adopt the resolution. Reso. 2018-294 Resolution of the Mayor and City Council of the City of San Bernardino, California, relating to the deferral of certain development impact fees and repealing Resolution No. 2010-267. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 25. Southern California Association of Governments Legislative Update Council member Mulvihill provided a verbal report. No vote was taken on this item. 26. Establishing San Bernardino Arts Fest 2019 as a City Sponsored Event Speakers Dorothy Garcia Jennifer Kane APPROVED MOTION: Adopt the resolution. Mayor and City Council of the City of San Bernardino Page 11 Printed 12/7/2018 Joint Regular Meeting Minutes October 17, 2018 Reso. 2018-290 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing San Bernardino Arts Fest 2019 as a City sponsored event. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 27. Procedures for Filling Mayoral and City Council Vacancies Speaker Robert Porter APPROVED MOTION: Default to a special election, and direct staff to come back with an urgency ordinance that uses the language in the previous charter regarding filling a vacancy., with a caveat to choose a mail-in or regular ballot. 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 28. Adjournment The meeting adjourned at 7:20 p.m. in memory of Raymond Guajardo, Darrell and Dorothy Farwick. 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, November 7, 2018 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, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 12 Printed 12/7/2018