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HomeMy WebLinkAbout12-05-2018 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 Richard Jim Mulvihill MINUTES JOINT REGULAR MEETING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO WEDNESDAY, DECEMBER 5, 2018 COUNCIL CHAMBER The Joint Regular Meeting of the Mayor and City Council and Community Development Commission of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, December 5, 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 5:13 PM John Valdivia Council Member, Ward 3 Present 4:45 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 John Paul Maier Chief Deputy City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Closed Session There were no public comments. A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): One or more cases Mayor and City Council of the City of San Bernardino Page 1 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Jose Medina of the Living Waters Community Church. The Pledge of Allegiance was led by Leonardo Resendiz, a 5th grade student at Vermont Elementary School. CLOSED SESSION REPORT Chief Assistant City Attorney Carvalho reported one reportable action: The City Council approved a reimbursement of utility user taxes. PRESENTATIONS 1. Special Recognition – Loma Linda Animal Hospital 50th Anniversary Council Member Valdivia presented a certificate to Dr. Sig of the Loma Linda Animal Hospital. 2. Chamber of Commerce & Local Elected Officials Announcements th Leslie Stevens announced various community events, including: December 6, Annual Bishops Golf Classic, December 7-9, the Nutcracker at the California Theater, thth December 8 YMCA Christmas Parade, and December 10-13, Community Ho Ho Parade. th Representative of Eloise Reyes announced on December 19 a Toy Drive for children in the community. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Sam Khil, Bayview Loan Servicing, LLC, regarding item 9, announced that he had no opposition to the adoption by Bayview Loan Services and further noted that he has been in communication with the City’s Code Enforcement Division. Andrea Neyses, Highland, requested help for the City’s Animal Shelter; spoke about several concerns regarding the lack of care for the dogs at the shelter; and spoke about harassment from the Police Department when dealing with how they treat the animals. Alberta Vanettes, San Bernardino, spoke about the release dates for adoption of the animals at the animal shelter; and noted that animals leave the shelter sick and often are declined by adopters due to costs for care for the animals. Howard Wright, San Bernardino, spoke about street racing on Kendall Drive on Friday nights; shared a story about one of the street racers who lost control and struck a tree; and urged the City Council to do something to prevent more deaths. Mayor and City Council of the City of San Bernardino Page 2 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 Project Fighting Chance Coach, San Bernardino, spoke about the positive things coming out of San Bernardino, like boxing; highlighted that there are kids ranked 1 and 2 in the nation; and announced the show Hopefuls, which follows community-building work with children who work in a youth boxing afterschool program with Project Fighting Chance. Karen Adams, Mira Loma, expressed concerns with animals that are not being treated well and about the animals that are sleeping on the cold cement; and urged the Council to consider the people who want to help out with the animal shelter. Monica Temple, Yucaipa, shared concerns regarding the hostile environment for animals and humans at the animal shelter; encouraged the enthusiasm of last June’s Council Meeting for support and care for the animals; and urged the Council to put effort into the animal shelter. Carol Fong, Mira Loma, spoke about poor communication with the elected officials and City staff regarding the concerns about the animal shelter; shared that she was disgusted with the service that has been provided to the community; and highlighted that staff in charge of the shelter should be reassigned. Shirley Harlan, San Bernardino, spoke about the protest that took place last Saturday with over 300 people who have concerns about the animal shelter; and encouraged the th public to attend the Animal Control Commission Meeting on December 12 at 4:00 p.m. to share their concerns. Diana Zimmerman, Los Angeles, shared a story about a dog that was struck by a car and taken to the animal shelter, highlighting that the dog is put in a place that is cold and provided with very little medicine; and urged the Council to care of the animals to prevent them from being killed. Sharon Logan, Huntington Beach, announced that she is the plaintiff for Logan vs. OC Animal Care; shared several violations of animal care and asked the Council not to contract with Riverside; and urged the Council to correct the employee in charge of the animal shelter. Bobbie Forbes, Grand Terrace, spoke about the mistreatment of animals at the shelter and the animals that come out of San Bernardino that are sick; and expressed concerns about the dying animals and history of where animals have been transferred in the last 30 years. Robert Porter, San Bernardino, spoke about the history of corruption in the City; spoke about which City inspectors would visit his property and how fairly he would be treated; and spoke about the volunteers who are trying to help at the animal shelter. Mark Estermyer, San Bernardino, thanked the City Council Members for their service and congratulated John Valdivia on his win; and spoke about the election results for Measures W and X. Abigail Farr, Rialto, read a letter about a pet name Angel and their story about visiting the San Bernardino Animal Shelter; urged for extra time to allow the animals to be adopted; and stated that she would like to work together as a community to help the animals. Mayor and City Council of the City of San Bernardino Page 3 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 Summer Stuart, Riverside, expressed concerns with the treatment of animals at the shelter; highlighted that the animals’ beds and blankets have been taken away; and urged the Council to let the people help. Barbara Babcock, San Bernardino, spoke about the Fine Arts Commission and service to the community; talked about the concerns of the community regarding the animals; and spoke about the outgoing and incoming members on the Council. Karmel Roe, San Bernardino, spoke about the killing of hundreds of dogs at the animal shelter; expressed excitement with changes for the new leadership; and noted that she holds the City Manager accountable for concerns about the animal shelter. CONSENT CALENDAR Items on the consent calendar are considered routine and are voted on in one vote. Items 3 through 15 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 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated December 5, 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 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for November 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 4 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 5. Cooperative Agreement with County of San Bernardino for Conejo Drive Storm Drain Improvements at 39th Street Approved Motion: Adopt the resolution. Reso. 2018-309 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Cooperative Agreement with the County of San Bernardino for Conejo Drive Storm Drain Improvements at 39th Street (SD19-001). 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 6. Agreement with Engineering Resources of Southern California, Inc. for Environmental Clearance and Preparation of Plans Specifications & Estimate for the State Street Extension Phase 1 between Baseline Street and 15th Street Approved Motion: Adopt the resolution. Reso. 2018-310 Resolution of the Mayor and City Council of the City of San Bernardino, California, awarding an Agreement to Engineering Resources of Southern California, Inc. to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans Specifications and Estimate (PS&E) for State Street Extension Phase 1 between Baseline Street and 16th Street (SS04-009). 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 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 7. Agreement with Engineering Resources of Southern California Inc. for Sierra Way Storm Drain Approved Motion: Adopt the resolution. Reso. 2018-311 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design contract with Engineering Resources of Southern California, Inc. in the amount of $190,000 for Sierra Way Storm Drain 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 8. 2019 Legislative and Regulatory Platform and Receive Legislative Update Approved Motion: Approve the 2019 Legislative and Regulatory Platform and receive and file a legislative 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 9. Imposing Liens to Recover Costs for Code Enforcement Abatement Approved Motion: Adopt the resolution. Reso. 2018-312 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements. 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 6 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 10. Authorize the purchase of Hosted Microsoft Exchange Email from Connections in an Amount Not to Exceed $59,024 Approved Motion: Authorize the City Manager or her designee to execute documents for the purchase of hosted Microsoft Exchange from Connections in an amount not to exceed $53,659.20. 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 TruStar Energy LLC for Fuel Station Upgrades at the City Yard, Amending the FY 2018/19 Budget with the MSRC-AQMD Grant, and Internally Borrowed Funds from Integrated Waste Approved Motion: Adopt the resolution. Reso. 2018-299 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design-build contract with TruStar Energy LLC, in the amount of $2,195,427 for Fuel Station Upgrades at the City Yard; authorizing the City Manager to execute the contingency in the amount of $204,573; authorizing the execution of an inter-fund loan using Integrated Waste Funds (527); authorizing the Finance Director to amend the FY 2018/19 Adopted Budget to allocate the MSRC-AQMD grant and Integrated Waste funding to the project; and authorizing 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 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 12. Increase to PO with West Coast Arborists Approved Motion: Adopt the resolution. Reso. 2018-301 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to authorize a Third Amendment of the Vendor Services Agreement With West Coast Arborists, Inc. and increase Purchase Order No. 2019-167 for the cycle pruning (grid trimming) of trees Citywide and other related tree services. 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. Interim Director of Finance (U) Employment Agreement and Appointment Approved Motion: Adopt the resolution. Reso. 2018-313 Resolution of the Mayor and City Council of the City of San Bernardino, California, appointing Rita Conrad as Interim Director of Finance (U) under government code section 21221(h). 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. Purchase and Sale Agreement for APN 0146-241-07-1256 Wall Avenue Approved Motion: Authorize the City Manager to execute a Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Mr. Bennie Benton with respect to the real property located on 1256 Wall Avenue, San Bernardino, California (APN 0146-241-07), and approving certain related actions. Mayor and City Council of the City of San Bernardino Page 8 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 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 15. Final Reading and Adoption - 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 35 mph Approved Motion: Adopt the ordinance. Ord. 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 forty-five miles per hour to thirty-five miles per hour and authorize staff to implement striping modification. 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 Davis ordered to hear Public Hearing Item No. 20 before Council Member Marquez’s departure. By consensus, the City Council agreed to move the item. STAFF REPORTS Council Member Marquez left the dais at 6:03 p.m. 16. Public Works Department Reorganization Approved Motion: Adopt the resolution. Reso. 2018-314 Resolution of the Mayor and City Council of the City of San Bernardino, California to: 1). transfer operations and personnel from the Parks, Recreation and Community Services Department and Community and Economic Development Department to the Public Works Department; 2). reclassify positions within the Public Works Department; 3). delete, amend and approve classifications and job descriptions; 4). amend the full-time salary schedule adopted by Mayor and City Council of the City of San Bernardino Page 9 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 Resolution No. 2018-181; 5). amend the part-time salary schedule adopted by Resolution No.2018-135; and 6). amend the fiscal year 2018/19 budget to reflect these actions. This Resolution will be effective January 1, 2019. RESULT: ADOPTED \[UNANIMOUS\] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 6 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, and Mulvihill ABSENT: Marquez 17. Violence Intervention Program (VIP) Update and Supportive Service Professional Services Agreements Approved Motion: Authorize the City Manager to execute professional service agreements with Clay Counseling Solutions, Inc., Victory Outreach of San Bernardino, and Young Visionaries Youth Leadership Academy to provide supportive services for the City's Violence Intervention Program (VIP). RESULT: ADOPTED \[UNANIMOUS\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Benito Barrios, Council Member, Ward 1 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, and Mulvihill ABSENT: Marquez 18. Capital Improvement Work Plan Update for FY 2018/19 Approved Motion: Receive and file the Work Plan Update on the FY 2018/19 Capital Improvement Program. PUBLIC HEARINGS 19. Substantial Amendment to FY 2018/19 Action Plan Approved Motion: 1. Adopt a Substantial Amendment to the FY 2018/19 Action Plan; and 2. Authorize the Director of Finance or his designee to revise the FY 2018/19 Budget pursuant to the Substantial Amendment to the FY 2018/19 Action Plan. Mayor and City Council of the City of San Bernardino Page 10 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 RESULT: ADOPTED \[UNANIMOUS\] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 20. Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC- 1510 Amending Chapter 2.03 to Title 2 of the Municipal Code, Establishing Procedures for Filling Mayoral Vacancies Speakers Tom Pierce, in support. Al Palazzo, San Bernardino, submitted a speaker slip to speak on concerns related to the animal shelter and was not allowed to speak on the matter during the public hearing. Approved Motion: Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1510 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.03 to Title 2 of the San Bernardino Municipal Code, establishing procedures for filling Mayor vacancies. RESULT: ADOPTED \[UNANIMOUS\] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill PRESENTATIONS (CONTINUED) 21. Recognition of Dedicated Service – Mayor R. Carey Davis, Council Member Virginia Marquez, Council Member Benito Barrios, and Council Member John Valdivia Council Member Nickel provided a brief presentation, recognizing the outgoing Council Members and Mayor Davis. Mayor and City Council of the City of San Bernardino Page 11 Printed 1/17/2019 Joint Regular Meeting Minutes December 5, 2018 22. ADJOURNMENT The meeting adjourned at 7:22 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, December 19, 2018 in the Council Chamber located at 201 North “E” Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, MMC City Clerk Mayor and City Council of the City of San Bernardino Page 12 Printed 1/17/2019