HomeMy WebLinkAbout11-07-2018 MCC Minutes
CITY OF SAN BERNARDINO
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, NOVEMBER 7, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
C OUNCIL C HAMBER • 201 N ORTH "E" S TREET • S AN B ERNARDINO, CA 92401 • WWW.SBCITY.ORG
R. Carey Davis
Virginia Marquez James Mulvihill
M AYOR
C OUNCIL M EMBER, W ARD 1 C OUNCIL M EMBER, W ARD 7
Benito Barrios Andrea M. Miller
C OUNCIL M EMBER, W ARD 2 C ITY M ANAGER
John Valdivia Gary D. Saenz
C OUNCIL M EMBER, W ARD 3 C ITY A TTORNEY
Fred Shorett Georgeann “Gigi” Hanna
C OUNCIL M EMBER, W ARD 4 C ITY C LERK
Henry Nickel David Kennedy
C OUNCIL M EMBER, W ARD 5 C ITY T REASURER
Bessine L. Richard
C OUNCIL M EMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak
to publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish
to speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding public or quasi-judicial
hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting MINUTES November 7, 2018
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Virginia Marquez
Council Member, Ward 2 Benito Barrios
Council Member, Ward 3 John Valdivia
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor R. Carey Davis
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
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
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
One (1) Item
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Pastor Alan Rosenberg of Christian and Missionary
Alliance Church. The Pledge was led by Kaitlyn Zimmerman of Manuel Salinas Creative
Arts Elementary School.
CLOSED SESSION REPORT
Mayor Davis announced that a Closed Session was not held and there is no reportable
action.
APPOINTMENTS
1. Water Board Appointment
APPROVED
MOTION: Approve the appointment of Rikke Van Johnson to the
Water Board with a six year term of service.
Mayor and City Council of the City of San Bernardino Page 2 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Nickel, and Richard
ABSENT: None
2. Water Board Appointment
APPROVED
MOTION: Approve the appointment of Thomas M. Brickley to
the Water Board with a six year term of service.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Nickel, and Richard
ABSENT: None
3. Measure “Z” Citizen Oversight Committee
APPROVED
MOTION: Approve the appointment of Mr. Clifford R. Cummings
to the Measure “Z” Citizen Oversight Committee.
RESULT: ADOPTED \[7-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
4. Library Board Reappointment
APPROVED
MOTION: Approve the reappointment of Carolyn A. Tillman to
the Library Board with a two year term of service.
RESULT: ADOPTED \[6-1\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Nickel, and Richard
NOES: Valdivia
ABSENT: None
Mayor and City Council of the City of San Bernardino Page 3 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
PRESENTATIONS
5. Proclamation in Honor of Small Business Saturday in San Bernardino –
Mayor R. Carey Davis
6. Proclamation in Honor of Bells of Peace – Mayor R. Carey Davis
7. Chamber of Commerce & Local Elected Officials Announcements
Lesley Steven, Chamber of Commerce announced various events in the
community.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Robert Porter, San Bernardino, spoke about the election and the candidates; read an
excerpt from the book As My Mother Would Say, by Judith Valles; congratulated the
leading candidates for the 2019 Election.
Iraida Gonzalez, Legal Aid Society of San Bernardino, spoke about the free monthly
workshops for tenants in San Bernardino; noted that the workshops provide information
about tenants rights in English and Spanish.
Linda Magallanes, We Are The Change, exressed gratitude to the Council for cleaning
up the community for the kids; expressed concens about the increased homeless
th
encampments at Walgreens near Waterman Avenue and 9; expressed concerns for
the safety of her kids.
Luis Ojeda, We Are The Change, spoke about how he is an action driven person;
spoke about the challenges of working together to work for the City; announced that 55
tons of trash has been cleaned up in the City through the volunteers work and urged
that the City comes up with a strategy to help the community.
Paula Gentry, San Bernardino, expressed concerns of the management of the animal
shelter; noted that volunteers have been removed and comphiscated animals have
been ordered to be killed; and highlighted concerns with the fences in the kennels and
the treatment of the animals; and submitted a petition for the immediate replacement of
Lt. Frank Macomber.
Karyn Lehmann, spoke about the hopes and concerns for the animal shelter;
questioned why volunteers are being turned away and the mistreatment of animals;
urged the Council to consider the public’s concerns.
Elizabeth Kulbin; Redlands Unleashed Fidos & Friends, spoke about local charities
and the Redlands group that have provided services for the animal shelter; highlighted
concerns with her neighbor’s animals and communication with rescue groups; urged the
Council to consider solutions from the public to help with the animal shelter.
Amelia Lopez, Muscupiable Neighborhood Associton, spoke about the annual
conference that was held in Omaha Nebraska five years ago, spoke about sending
residents to the upcoming year’s conference in Palm Springs; spoke about attending
and presenting at the conference to address the concerns of perception of San
Bernardino.
Karmel Roe, addressed the Council, related to the election results congratulating the
Mayor and City Council of the City of San Bernardino Page 4 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
winners and farewell to the outgoing members, urged the City to work with the shelter,
and explained that volunteers can help with the assistance; congrats and farewell.
Ruby Henderson, stated that she faced discrimination from a towing company because
she forgot to put her handicap parking sign once when she was parked; highlighted that
she has lived in the community for 30 years and has helped people on the West side of
town.
Major Jesse Carr; San Bernardino, stated that she is voting yes on item 22 and
supports a comprehensive homeless plan; noted that she has offered many homeless
people help; spoke about housing focused programs, highlighting the benefits of the
outcomes for homeless person programs.
Barbara Babcock, spoke about how her road was fixed and expressed gratitude for the
work of the City employees; spoke about her support for the legally elected candidates;
ques
Sung Kim, spoke about a opportunity for a model for a homeless program to assist with
homeless people; talked about opening up a state of the art facility to assist with animal
shelter needs; and congratulated all of the winners of the election.
Alice Chow, congratulated and thanked all of the election winners; spoke about rescue
groups and noted how the animals are rescued from rescue partners from out of the
state; highlighted how animals are rescued and taken to different areas touch base on
rescue groups, SB City famous for the animals going to different states.
Rike Van Johnson, congratulated all of the winners of the election and thanked Mayor
Davis for his service; spoke about Sunday Jazz in the Park event and thanked Jim
Tickemyer and staff for their support for the event.
CONSENT CALENDAR
Items on the consent calendar are considered routine and are voted on in one vote.
Item 10 was pulled by Council Member Marquez for further discussion.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
8. Waive Full Reading of Resolutions and Ordinances
APPROVED
MOTION: Waive full reading of Resolutions and Ordinances on
the agenda dated November 7, 2018.
Mayor and City Council of the City of San Bernardino Page 5 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
9. City Council Approval of Commercial and Payroll Checks
APPROVED
MOTION: Approve the commercial and payroll checks for
October 2018.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
10. Right of Entry Agreement with San Bernardino County Transportation
Authority for the Redlands Passenger Rail Project
APPROVED
MOTION: Adopt Resolution No. 2018-274 of the Mayor and City
Council of the City of San Bernardino, California,
approving Temporary Right of Entry Agreement with
San Bernardino County Transportation Authority for
temporary construction activities across the parcels
known as APN 0136-033-27 and 0136-122-78 in
connection with the Redlands Passenger Rail Project.
Council Member Marquez recused herself and left the dais, noting that she owns
property within 500 feet of the project location.
RESULT: ADOPTED \[6-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Barrios, Nickel, and Richard
ABSTAIN: Marquez
ABSENT: None
11. Award of Construction Contract for Playground Equipment Replacement to
Micon Construction, Inc.
APPROVED
MOTION: Adopt Resolution No. 2018-273 of the Mayor and City
Council of the City of San Bernardino, California,
Mayor and City Council of the City of San Bernardino Page 6 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
approving the award of a Construction Contract with
Micon Construction, Inc. in the amount of $917,685
for Playground Equipment Replacement; authorize
the City Manager to execute the construction
contingency in the amount of $82,315; authorize the
Finance Director to amend FY 2018/19 Adopted
Budget to allocate CDBG Funding Savings to the
project for Playground Equipment Replacement; and
authorizing the City Manager or designee to expend
the contingency fund, if necessary, to complete the
project.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
12. Second Amendment to the Construction and Maintenance Agreement with
Southern California Regional Rail Authority (SCRRA) for the Construction of
Redlands Subdivision (“First Mile”) Improvements
APPROVED
MOTION: Adopt Resolution No. 2018-285 of the Mayor and City
Council of the City of San Bernardino, California,
approving the Second Amendment to the
Construction and Maintenance Agreement for the
Redlands Subdivision “First Mile” Track Construction
and Inland Empire Maintenance Facility project.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
13. Application for Beverage Container Recycling City/County Payment
Program
APPROVED
MOTION: Adopt Resolution No. 2018-295 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the submittal of an application for
Payment Programs for recycling beverage containers
offered by CalRecycle and approving related
authorizations.
Mayor and City Council of the City of San Bernardino Page 7 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
14. San Bernardino Hometown Heroes Military Banner Agreement to
Appropriate Funds for Program Purchases
APPROVED
MOTION: Approve an additional budget amendment
appropriating donated funds totaling $5,000.00 from
the Hometown Heroes Military Banner Trust account
to the Civic and Promotional account #001-0023-5186
for the purpose of purchasing materials and supplies,
i.e., plaques, printing, pvc pipe, refreshments, etc.,
and authorize the Director of Finance to issue multiple
purchase orders for the Military Banner Program.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
15. Agreement with Crime Scene Steri-Clean for Crime Scene and other bio-
hazardous Clean Up Services
APPROVED
MOTION: Adopt Resolution No. 2018-296 of the Mayor and City
Council of the City of San Bernardino, California,
authorizing the City Manager to execute an
agreement between the City of San Bernardino and
Crime Scene Steri-Clean, LLC.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
16. Interim Deputy Director of Finance/Budget Manager (U) Employment
Agreement and Appointment
APPROVED
Mayor and City Council of the City of San Bernardino Page 8 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
MOTION: Adopt Resolution No. 2018-297 of the Mayor and City
Council of the City of San Bernardino, California,
appointing Rita Conrad as Interim Deputy Director of
Finance/ Budget Manager (U) under Government
Code section 21221 (H).
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
17. Increase cap for Professional Service Agreements with Arias & Lockwood
and with Mundell Odlum & Haws
APPROVED
MOTION: Authorize the City Manager to execute amendments
to the Professional Services Agreement between
Arias & Lockwood and the City of San Bernardino
(Resolution No. 2010-10) and the Professional
Services Agreement between Mundell Odlum & Haws
and the City of San Bernardino (Resolution No. 2015-
26).
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
18. Authorize City Manager to Respond to Final Report of the 2017-2018 San
Bernardino County Civil Grand Jury
APPROVED
MOTION: Authorize the City Manager to respond to the Final
Report of the 2017-2018 San Bernardino County Civil
Grand Jury.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
Mayor and City Council of the City of San Bernardino Page 9 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
19. Agreement Affecting Real Property between the City and the Successor
Agency for Cooley Avenue (APNs 0281-031-51 and 0281-041-41) rescinding
a Declaration of Reciprocal Easement
APPROVED
MOTION: 1. Authorize the City Manager to execute an
Agreement Affecting Real Property for Cooley
Avenue (APNs 0281-031-51 and 0281-041-41)
rescinding a 1988 Declaration of Reciprocal
Easement; and
2. Authorize the City Manager to execute, on behalf
of the Successor Agency, an Agreement Affecting
Real Property for Cooley Avenue (APNs 0281-
031-51 and 0281-041-41) Rescinding a 1988
Declaration of Reciprocal Easement.
RESULT: ADOPTED \[7-0\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, and Richard
ABSENT: None
STAFF REPORTS
20. American Planning Association (APA) California Conference Update –
October 7-10, 2018
Council Member Mulvihill provided a brief report and no action was taken by the Council
on this item.
21. San Bernardino Hometown Heroes Military Banner Criteria
Recommendation
APPROVED
MOTION: Approve the recommended criteria changes which will
now include immediate family members of retired
employees and fulltime contract employees with one
year of service with the City.
RESULT: ADOPTED \[7-0\]
MOVER: Henry Nickel, Council Member, Ward 6
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Shorett, Nickel, Richard, and Mulvihill
ABSENT: None
Mayor and City Council of the City of San Bernardino Page 10 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
22. Approve a Policy Establishing a Comprehensive Responses to
Homelessness, Authorize City Manager to Issue Letters of Support for
HEAP applications, and Adopt Resolution Declaring a Shelter Crisis
Speaker
Eddie Estrada
APPROVED
MOTION: 1. Adopt a Policy Establishing a Comprehensive
Response to Homelessness;
2. Authorize the City Manager to sign letters of
support to organizations within the City of San
Bernardino seeking HEAP funding that support the
City’s Policy; and
3. Adopt the resolution.
Reso. 2018-298 Resolution of the Mayor and City Council of the City
of San Bernardino, California, declaring a shelter
crisis in the City of San Bernardino for purposes of the
Homeless Emergency Aid Program funding.
RESULT: ADOPTED \[7-0\]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, and Mulvihill
ABSENT: None
Council Member Nickel provided recommendation to staff to include periodic reporting
and Council Member Valdivia recommended providing a routing sheet to notice the
Council of homeless service solutions.
PUBLIC HEARINGS
23. 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
Speakers
Michael Meister
Jesse Quintana
Gabriela Quintana
Donald Wood
APPROVED
MOTION: Adopt the ordinance
Mayor and City Council of the City of San Bernardino Page 11 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
MC-1502 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, amending 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 35
miles per hour and authorize the staff to implement
striping modification.
Motion made by Council Member Valdivia to amend and introduce Ordinance MC-1502
to set the 35 mph speed limit and install traffic calming measures.
Second by Council Member Mulvihill.
Amended Motion made by Council Member Valdivia to amend and introduce Ordinance
MC-1502 to set the 35 mph speed limit, to install traffic calming measures, such as a
road diet, and to direct staff to provide additional studies to be presented at a future City
Council Meeting in approximately 6 months.
RESULT: ADOPTED \[7-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Nickel, and Mulvihill
ABSENT: None
24. Read By Title Only, Waive Further Reading, and Introduce Ordinance No.
MC-1509 Establishing Procedures for Filling City Council and Mayoral
Vacancies
APPROVED
MOTION: Read By Title Only, Waive Further Reading, and
Introduce Ordinance No. MC-1509.
MC-1509 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, adding Chapter 2.03 to
Title 2 of the San Bernardino Municipal Code,
establishing procedures for filling City Council and
Mayor vacancies.
RESULT: ADOPTED \[7-0\]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 6
AYES: Marquez, Barrios, Shorett, Richard, and Mulvihill
ABSENT: None
Mayor and City Council of the City of San Bernardino Page 12 Printed 11/7/2018
Joint Regular Meeting MINUTES November 7, 2018
25. ADJOURNMENT
The meeting adjourned at 7:44 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 will
be held on Wednesday, November 21, 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 13 Printed 11/7/2018