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HomeMy WebLinkAbout01-16-19 MCC Minutes City of San Bernardino 290 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 1/16/2019 MINUTES REGULAR MEETING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO WEDNESDAY, JANUARY 16, 2019 COUNCIL CHAMBER The Regular Meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor John Valdivia at 4:00 PM, Wednesday, January 16, 2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 4:00 PM Sandra Ibarra Council Member, Ward 2 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 John Valdivia Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Sonia Carvalho Sr. Assistant City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Vacant – third ward Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/16/2019 CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: i. Property Address: 480 and 478 N. “D” Street – APNs 0134-141- 28 and 0134-141-29 Agency Negotiator: Andrea Miller, City Manager Negotiator: Inland Maple Partners, LLC Under Negotiation: Price and Terms of Purchase ii. Property Address: An approximately 18 acre vacant site consisting of 74 parcel located at the southwest corner of East Highland and Arden Avenues – APNs 11-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32 Agency Negotiator: Steven Duckett, Managing Director, Urban Futures, Inc. Negotiating Parties: Mark Development, Inc. Under Negotiation: Price and Terms of Payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): City Manager INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Sherman Dumas from All Nations Worship Assembly led the invocation. Emir Soto, 6th grade student from Warm Springs Elementary School led the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Saenz said there was no reportable action from Closed Session. MAYORAL ANNOUNCEMNT Mayor Valdivia announced that he would be enforcing a 3-minute time limit for council members to speak on agenda items. APPOINTMENTS 1. Appointment to Various Regional Boards Approved Motion Approve the appointments of: • Council Member Theodore Sanchez to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Henry Nickel as an alternate. Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/16/2019 • Council Members Theodore Sanchez and Bessine Richard to the Inland Valley Development Agency, as voting members, and Council Member Sandra Ibarra as an alternate. • Council Member Henry Nickel to the San Bernardino County Transportation Authority as an alternate; • Council Members Bessine Richard and Sandra Ibarra to the San Bernardino Regional Water Resources Authority, as voting members; • Council Member Theodore Sanchez to the Omnitrans Board of Directors, as an alternate. RESULT: ADOPTED [4-2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Nickel, Richard NOES: Shorett, Mulvihill PRESENTATIONS 2. Issuance of Proclamations Mayor Valdivia presented a proclamation proclaiming January 2019 as National Mentoring Month in the City of San Bernardino. Gwen Rodgers accepted the proclamation on behalf of the San Bernardino County Children’s Network. Mayor Valdivia issued a proclamation naming the week of January 20-26, 2019 as National School Choice Week in in the City of San Bernardino. 3. Youth Recognition - Raymond Reiter, Cajon High School - Council Member Nickel Council Member Nickel presented Mr. Reiter with a certificate recognizing his achievements at Cajon High School. Reiter also received certificates of recognition from the offices of Senator Mike Morrell and Assemblywoman Eloise Reyes. 4. Chamber of Commerce & Local Elected Officials Announcements Jim Wheeler gave the announcements from the Chamber of Commerce. Darrell Frye announced Assemblywoman Reyes’ swearing in ceremony on Friday at San Bernardino Valley College and other events in the district. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Johnetta Davis, San Bernardino, spoke against what she said appears to be retaliation against the City Manager by Mayor Valdivia and evidence to generate evidence against herby him and some council members. Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/16/2019 Alice Chow, San Bernardino Animal Care Association, spoke about the rescue organizations that are available to take animals taken in by the City’s animal control division. She also asked for information about current operating budgets for the animal shelter. She said her organization is preparing to submit a proposal for an alternative to contracting animal care services to Riverside County. Alberta Venetz, San Bernardino, spoke about lack of repairs at the San Bernardino City animal shelter and asked why donors have been turned away. Robert Porter, San Bernardino, thanked Council Member Ibarra and Mayor Valdivia for keeping residents aware of what is going on and by putting them on social media platforms. Amelia Lopez, San Bernardino, thanked the mayor for expediting requested meeting between MCC and the Neighborhood Council Association to work on engaging residents to work with city officials to enhance quality of life and create partnerships. She requested that staff be assigned to work with the NCA on a proposal to improve the city. Roger Henderson, San Bernardino, spoke about how to get hold of council members and mayor via the (909) 384-7272 line. He spoke about help he had received recently. He thanked Mayor Valdivia for making the city more business friendly. Thomas, American Towing Group, said he has been told that he needs to apply for a new conditional use permit for his business and asked why he needs another one in order to supply pallets at his business when he already has one. Pablo Ledesma, owns a small business in San Bernardino said they need more communication and said code enforcement barges in and does not treat people well. Asked how to work it out so they can continue to do business in San Bernardino. She said they had an issue with pallets. Gary Saenz, San Bernardino, expressed condolences for the recent death of his friend Douglas William Bader. Hilda Wendtland spoke about code enforcement harassment of business people on the outskirts of the city. Nirosha Peltier, Beverly Hills, said that they are willing to help and can donate money for the animal shelter Robyn Logan, Thousand Oaks, spoke about helping the city with the animal shelter. She said she had spent some time at the shelter and found that it wasn’t as bad as she expected it to be. Said she and her colleagues believe the shelter needs to stay in the City and in support of the SB Animal Alliance and that it utilizes a network already in place. James Penman, San Bernardino, said he was speaking on behalf of his wife Judy concerning the conduct at recent council meetings, which he called sexist and racist. Said we need to give new council members and mayor a chance and that cannot happen with personal attacks. Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/16/2019 Armando Quezada, owner of Armando’s Pallets said he had had some problems with code enforcement based on his business. He said he has not been able to resolve any issues and asked if he could apply for those permits he needs. Luis Ojeda, San Bernardino, said that residents would not be silent anymore. People are waking up and not allow people to disrespect us and code enforcement has been doing that. We didn’t realize we needed permits to operate. No one is saying they won’t comply. Pallets art of the logistics business. Ask for guidance from the city if they have to move their businesses. Jose said the mayor should be respected and spoke of his involvement with previous events in the city. Roberto Santos, spoke about the pallet issue, and said that a code enforcement officer threatened his employees with the DEA and ICE if they did not leave the business. Sedy Delgado spoke about problems her father has had with his pallet business. We want to work, and we want to stop being harassed. Chris Egger spoke about cannabis permits and said he feels like there is common ground with the new council and mayor. Asked that they be able to start issue their build out permits as they are in the stage four of the city’s process. Karmel Roe, San Bernardino, spoke about giving peace a chance. Said she felt there was more direction with the agenda this time. She said people should give the new council a chance to work. Barbara Babcock, San Bernardino, spoke in support of previous mayor Davis and his wife speaking out against issues they disagree with. She praised the City Manager for street repairs on her street. She praised Captain Rich Lawhead. Jose Cortez, San Bernardino, said he had been in SB since 1986 and loves the City. Ginna Escobar, Pomona, congratulated the new mayor and council and said she looked forward to working with them on projects that help the city prosper. Christopher Kim congratulated the new mayor. He said he was surprised to hear people calling San Bernardino beautiful. He said he sees wonderful people in the city , but not a lot of beautiful buildings. He said everything in his property on Hallmark is gone, every piece of copper had been stolen. He said he’d love to stay in San Bernardino and make his business grow and would like to meet the council and discuss development possibilities CONSENT CALENDAR Items on the consent calendar are considered routine and are voted on in one vote. Council Member Ibarra pulled items 6, 7, 10 and 14 for further discussion. The remaining items were voted on in a single vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/16/2019 5. Waive Full Reading of Resolutions and Ordinances Approved Motion Waive full reading of Resolutions and Ordinances on the agenda dated January 16, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 6. City Council Approval of Commercial and Payroll Checks Approved Motion Approve the commercial and payroll checks for December 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7. City Council Approval of Draft Minutes Approved Motion Approve the minutes of the Mayor and City Council Regular Meetings of December 19, 2018 and January 2, 2019 and Special Meetings of December 21, 2018 (2) and January 10, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. Amendment of Adopted FY 2018/19 Budget to Increase Police Personnel and Authorization of Agreement with Dignity Health Approved Motion Adopt the resolution. Reso. 2019-8 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending the Adopted FY 2018/19 Budget to increase police personnel and for the budget transfers as detailed in the staff report, and authorizing the City Manager to execute an agreement between Dignity Health for police services at two locations. Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/16/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. Authorize Acceptance of Urban Areas Security Initiative FY2017 Grant Approved Motion Authorize the City Manager to accept and administer the FY 2017 Urban Areas Security Initiative Grant in the amount of $375,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 10. First Amendment to the Spicer Consulting Group Agreement Approved Motion Adopt the resolution. Reso. 2019-9 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute the First Amendment to the Consultant Services Agreement with Spicer Consulting Group (SCG) for as-needed consulting services related to Maintenance District Administration and formation/annexation of Community Facilities Districts and Assessment Districts. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 11. Award of Construction Contract for Bridge Railing Repair at Various Locations to Peterson-Chase Engineering Construction, Inc. Approved Motion Adopt the resolution. Reso. 2019-10 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Peterson-Chase General Engineering Construction Inc. in the amount of $92,744 for bridge railing repair at various locations; authorizing the City Manager to execute the construction contingency in the Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/16/2019 amount of $9,256; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. Approve Final Tract Map 18895 Secured Income Group, Incorporated Approved Motion Adopt the resolution. Reso. 2019-11 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Final Map for Tract No. 18895 (Subdivision 18-12) involving the subdivision of a property comprised of four (4) parcels containing approximately 3.0 acres into twelve (12) single-family residential lots located on the northeast corner of W. Mill Street and S. Macy Street within the Residential Suburban (RS) Zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 13. Comprehensive General Plan Update Approved Motion Authorize staff to issue a Request for Proposal (RFP) to begin the planning process to complete a comprehensive General Plan (GP) Update. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 14. Consultant Services Agreement Between the City of San Bernardino and Keyser Marston Associates, Inc. Speaker Karmel Roe Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/16/2019 Approved Motion Adopt the resolution. Reso. 2019-12 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager, or designee, to execute a three-year Consultant Services Agreement between the City of San Bernardino and Keyser Marston Associates, Inc. for an amount not to exceed $160,000; upon completion of the initial contract term, to extend the contract for two additional one-year terms as needed, but not to exceed $45,000 per year; and authorize the Finance Director, or designee, to amend the FY 2018/19 Budget pursuant to the approved Consultant Services Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 15. Recognized Obligation Payment Schedule 19-20 a & B Approved Motion Approve Recognized Obligation Payment Schedule 19-20 A and B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 16. October 2018 and November 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 November 2018. Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/16/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 17. Animal Control Commission Update Speaker Shirley Harlan Karmel Roe Mike Hartley No vote was taken on this item. The City Manager indicated that a report on options for the shelter with partnerships with animal rescue groups would come to the MCC in February. 18. Support Staffing for the City’s Legislative Branch – Offices of the Mayor and City Council Speakers Kathleen Boeck Luis Ojeda Aaron Cox Karmel Roe Cathy Hartley Patrick Morris Mike Hartley James Penman Virginia Marquez (written correspondence, read by Council Member Sanchez) Jean Kennedy (written correspondence, read by Council Member Mulvihill) Judi Castorena (written correspondence, read by Council Member Shorett) Melissa Gonzalez (written correspondence, read by Council Member Shorett) Mayor Chief of Staff Bill Essayli presented a proposal, called option 1B, for staffing levels in the mayor’s office. Approved Motion: Allow time for Council Member Nickel to work with the City Manager to put together a proposal that includes a visioning workshop in February and bring the matter back next month. RESULT: ADOPTED [5-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill NOES: Sanchez 19. Communications Update Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 1/16/2019 Speaker Karmel Roe Approved Motion Recognize the Council Member who wishes to speak on this item. RESULT: ADOPTED [4-2] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Ibarra Approved Motion Terminate the contract with Westbound Communications. RESULT: ADOPTED [3-3, Mayor broke tie] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Richard NOES: Shorett, Nickel, Mulvihill PUBLIC HEARINGS 20. Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program – General Plan Amendment 18-02, Development Code Amendment (Zoning Map Amendment) 18-03, and Conditional Use Permit 18-03 – 5Xpress Car Wash The mayor opened the public hearing. No one wished to speak on the matter. Speaker Approved Motions Adopt the resolutions; Adopt the ordinance; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on February 6, 2019. Reso. 2019-14 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 18-02 to change the General Plan Land Use Designation from Multi- Family Residential to Commercial of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres; Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 1/16/2019 Reso. 2019-15 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Conditional Use Permit 18- 03 to allow the development, establishment, and operation of a drive-thru express carwash containing approximately 5,486 square feet, along with the construction of the required on- site and off-site improvements, on a project site comprised of four (4) parcels (APN(S): 0821-131-28, 29, 30, and 50) containing a total of approximately 1.32 acres located at 1659 S. Tippecanoe Avenue; and MC-1513 Ordinance of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 18-03 to change the Zoning District Classification from Residential Medium High (RMH) to Commercial General (CG-1) of one (1) parcel (APN: 0280-131-28) containing approximately 0.39 acres; RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 21. Read by Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1511 Amending Section 2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code Relating to Meetings; and Review, Discuss, and Provide Direction Based on the Findings of City Council Chamber Relocation Options The mayor opened the public hearing. Approved Motion Read By Title Only, Waive Further Reading, and Introduce Ordinance No. MC-1511 amending Section 2.58.010 of Chapter 2.58 Title 2 of the San Bernardino Municipal Code relating to Meetings; and review, discuss, and provide direction based on the findings of City Council Chamber relocation options. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes January 16, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 1/16/2019 Requests for future agenda items Mayor Valdivia asked that the following items be placed on a future agenda: • Community Oriented Policing • Seismic Study of City Hall • Report on Cannabis permits. Council Member Sanchez asked for a report on the City Manager’s discretionary spending limit. ADJOURNMENT The meeting adjourned at 10:59 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, February 6, 2019 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, MMC City Clerk