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HomeMy WebLinkAbout02-20-19 MCC Minutes City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 4/17/2019 MINUTES FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 20, 2019 COUNCIL CHAMBER The Joint Regular Adjourned Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by at 4:00 PM, Wednesday, February 20, 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 Andrea Miller City Manager Present 4:00 PM Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra VACANT Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 4/17/2019 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 County of San Bernardino v. High Desert Partnership in Academic Excellence Foundation, Inc., San Bernardino Superior Court, Fontana District, Case No. UDFS 1800988 Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, et al., Los Angeles County Superior Court Case No. BC465755 Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): City Manager C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): Two Cases INVOCATION AND PLEDGE OF ALLEGIANCE The Pledge was led by student Miguel Antonio, a junior from Arroyo Valley High School. The Invocation was led by Pastor Terry Elliot from The Shop of Zion church. Erica Murphy, from the Mayor’s Office, sang the National Anthem. CLOSED SESSION REPORT PRESENTATIONS 1. City Attorney Update on Bankruptcy Process Bankruptcy Attorney Paul Glassman provided an update on the post-bankruptcy process. 2. San Bernardino County Transportation Authority Project Manager Dennis Saylor provided an update on the Mt. Vernon Viaduct project. 3. Citizen of the Month – Luis Ojeda, President of San Bernardino Volunteers “We Are The Change” – Council Member Henry Nickel Council Member Nickel honored Luis Ojeda and the volunteers who are part of the “We are the Change” group cleaning up the city. Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 4/17/2019 4. Student of the Month – Sarai Hernandez, Arroyo Valley High School – Council Member Bessine Richard Council Member Richard honored Ms. Hernandez as Student of the Month for her academic achievements. 5. Recognition of Black History Month – Mayor John Valdivia Mayor Valdivia and Council Member Richard honored several African American organizations for motivating, uplifting and encouraging the next generation. Those recognized for their work in the city, were: National Council of Negro Women (Geraldine Foxall-Cader); African American Health Coalition (Linda Hart); The Swans; Westside Action Group (John Futch); Socialites (Joyce Smith); and Young Women’s Empowerment Foundation (Gwen Dowdy). Dynasty Woods sang the Black National Anthem 6. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave the Chamber announcements, including the installation of officers on February 22. Dion Taylor, of Assemblyman James Ramos’ office announced that the assemblyman would be having a meet-and-greet at DJ Restaurant on March 2. Darrell Frye from Assemblywoman Eloise Reyes’ office announced the second annual faith bridge event March 9 at San Bernardino Valley College. APPOINTMENTS 7. Public Safety and Human Relations Commission Appointment Approved Motion: Appoint Ms. Maria I. Lanas to the Public Safety and Human Relations Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. Measure “Z” Citizens Oversight Committee Appointment Approved Motion: Appoint Venus L. Williams to the Measure “Z” Citizens Oversight Committee. 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 February 20, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 4/17/2019 9. Measure “Z” Citizens Oversight Committee Appointment Approved Motion: Appoint Karina G. Cornejo to the Measure “Z” Citizens Oversight Committee. Ms. Cornejo did not attend the meeting and will be sworn in at a later date. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Public Comments for Items Not Listed on the Agenda Mayor Valdivia announced that residents need only use one slip, no matter what the item they wish to speak about, and that they would be limited to 3 minutes total for all comments. John Scholenberger, San Bernardino, praised Public Works employee Ernesto Salinas for communicating with homeowners. He also praised Capt. Richard Lawhead for his quick response to citizen complaints. Terry Elliot, San Bernardino, said he is happy that the mayor’s office and council offices are considering field reps because people in the community need someone to talk to about issues. Faye Aldridge, San Bernardino, said it is important for the council members to be able to complete their statements because when they are cut off, they are cutting off representation for their ward. Anna Jaiswal, Omnitrans, spoke about the new Adopt-a-Stop program and asked citizens and businesses to participate in exchange for the honor of being “Trash Busters.” Volunteers would agree to pick up trash at a bus stop once a week for a year. Tina Lopez, San Bernardino, spoke about the disappearance of her 16-year-old grandson and asked for help to get word out to bring the boy home. She also asked for prayers for her recently deceased friend Rosie Soto. Richard Rodriguez, San Bernardino, said that the missing boy is his grandson and is asking for anyone to help them search for him. He thanked everyone for the information they have provided the family about the disappearance. Juan Figueroa, San Bernardino, said he recently met a 50-year resident upset about a problematic business in the area who had trouble navigating the system to report the problem and said that field representatives could help residents with these types of issues. Ken Patchett, San Bernardino, said he was concerned about a red-tagged home in the city and said the issue had caused a lot of stress to the owner who has health issues and was unaware of the situation. He asked that the city work with her and other disabled residents. Treasure Ortiz, San Bernardino, said Spanish speaking residents don’t go to council meetings because there is no translation. And it should be a priority of the council to provide the service to the community. Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 4/17/2019 Margaret Hill, San Bernardino, said it is wonderful to honor people but that the council need to be sensitive when students are at the meeting because they need to go home and do their homework. Karmel Roe, San Bernardino, spoke about the need for vision and planning and to build it into strategy for rebuilding the city. She said she worried nightly about how to pay for it. She said the city should allow grow operations in order to get users utility tax. She also suggested earmarking part of the cannabis funds to support the animal shelter. Majid Seraj, Redlands, read a statement about the Phase 3 scores in the cannabis permit process, asking for a scoring breakdown, methodology and statistical analysis for scoring. He said the scores from Phase 2 were unreliable, and asked what would make Phase 3 scores any better and questioned the validity of the process. At 7:00 p.m. the Mayor announced that there would be a 15 minute break. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion. Council Member Shorett pulled item 13 to vote no on it; Council Member Nickel pulled items 15 and 18 for further discussion. 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. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated February 20, 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 11. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for January 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 Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 4/17/2019 12. October, November, and December 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 and December 2018. 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. Legislative Branch Staffing - Offices of the Mayor and City Council Approved Motion: Adopt Resolution No. 2019-24 of the Mayor and City Council of the City of San Bernardino, California, reclassifying positions with the Office of the Mayor and City Council; establishing, amending and approving classifications and job descriptions; and amending the FY 2018/19 budget to reflect these actions. RESULT: ADOPTED [5-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Nickel, Richard, Mulvihill NOES: Shorett 14. Resolution Authorizing Change Order No. 1 To Tryco General Engineering for "I" Street Repair Approved Motion: Adopt the resolution. Reso. 2019-25 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute Change Order No. 1 to the Construction Contract with Tryco General Engineering for "I" Street Repair; and authorizing the Director of Finance to increase the amount in Purchase Order No. 2019-765 by $53,520 for a total amount not to exceed $86, 188. Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 4/17/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 15. Reject Bids for Waterman & Baseline Box Culvert Repair and Rancho & Rialto Storm Drain Improvements Approved Motion: Adopt the resolution. Reso. 2019-26 Resolution of the Mayor and City Council of the City of San Bernardino, California, rejecting the bids for the Waterman & Baseline Box Culvert Repair and Rancho & Rialto Storm Drain Improvements. RESULT: ADOPTED [5-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra 16. Amendment to Section 1 of Resolution 2010-235 Construction and Demolition Recycling Program Parameters Approved Motion: Adopt the resolution. Reso. 2019-27 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending Section 1 of Resolution No. 2010-325 Construction and Demolition Recycling Program in order to increase Minimum Diversion requirement set by California Green Building Standards Code (CalGreen). RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 17. Establish the Basic Compensation Plan for Temporary/PartTime and Seasonal Employees of the City of San Bernardino; and Repeal Resolution No. 2018-135 Speaker Treasure Ortiz Approved Motion: Adopt the resolution. Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 4/17/2019 Reso. 2019-28 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing a basic compensation plan for temporary/part-time and seasonal employees of the City of San Bernardino and repealing Resolution No. 2018-135. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 18. Request to Terminate Marketing Agreement with Five Bars LLC Approved Motion: Authorize the City Manager or designee to terminate the agreement with Five Bars LLC for marketing of telecommunication sites. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS 19. Presentation of California Integrated Waste Management Act of 1989 (AB 939) and current status of solid waste regulatory and programmatic requirements Public Works Director Trish Rhay provided a PowerPoint presentation about the city’s solid waste stream and requirements under the Act as well as updates to recycling requirements for commercial customers. Approved Motion: Review, discuss, and provide direction concerning the State of California's current status of solid waste regulatory and programmatic requirements and next steps for ensuring compliance with the Mandatory Commercial Recycling (MCR) requirements. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 20. 33rd Annual Land Use Law & Planning Conference Update – January 18, 2019 Council Member Jim Mulvihill reported on this item. No vote was taken. 21. League of California Cities 2019 Policy Committee Update Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 4/17/2019 Council Member Nickel reported on this item. No vote was taken. 22. The United States Conference of Mayors – 87th Winter Meeting Update – January 23-25, 2019 Mayor Valdivia reported on this item. No vote was taken. 23. Community Oriented Policing and Problem Solving (COPPS) Philosophy Speakers Luis Ojeda Terry Elliot Faye Aldridge Esmerelda Negrete Approved Motion: Adopt the resolution; and direct the City Manager to present an implementation plan no later than April 3, 2019. Reso. 2019-29 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Community Oriented Policing and Problem Solving (COPPS) philosophy RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member. Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 24. Adopt a Resolution Authorizing the Establishment of Guidelines for the Issuance of Temporary Cannabis Special Event Permits in Accordance with Chapter 5.10 of the San Bernardino Municipal Code Approved Motion: Adopt the resolution. Reso. 2019-30 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the establishment of guidelines for the issuance of temporary cannabis special event permits in accordance with Chapter 5.10. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Regular Meeting MINUTES February 20, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 4/17/2019 PUBLIC HEARING 25. Urgency Ordinance and Regular Ordinance Relating to the Formation of a Disaster Council Approved Motion: Adopt Urgency Ordinance No. MC-1514; and Introduce Ordinance No. MC-1515 MC-1514 Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding a new Chapter 2.46 to the San Bernardino Municipal Code pertaining to the Disaster Council; and MC-1515 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding a new Chapter 2.46 to the San Bernardino Municipal Code pertaining to the Disaster Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Topics of interest to Council for future meetings Council Member Mulvihill said he would like a discussion on Measure Z. Council Member Ibarra said she would like to review the mid-year budget report. Adjournment The meeting adjourned at 10:15 p.m. The next special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be at 3:30 PM, Thursday, February 21, 2019, in the Council Chamber, 201 North "E" Street, San Bernardino, CA. 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, March 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