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HomeMy WebLinkAbout03-06-19 MCC Minutes City of San Bernardino 201 North E 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, MARCH 6, 2019 COUNCIL CHAMBER The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor Valdivia at 4:00 PM, Wednesday, March 6, 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 Richard Jim Mulvihill Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/08/2019 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Washington, LLC et al. v. City of San Bernardino et al., San Bernardino Superior Court, Case No. CIVDS1905710. B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4): One case. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b(1)): City Manager INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Chris Reinhard of Sandals Church led the invocation. Elijah Thomas, sixth grade student from Arrowview Middle School, led the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Gary Saenz said there were no actions to report from Closed Session. PRESENTATIONS 1. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave the Chamber of Commerce announcements and Dion Taylor from Assemblyman Ramos’ office discussed events in the district APPOINTMENTS 2. Public Safety and Human Relations Commission Appointment Approved Motion: Appoint Terry Elliott to the Public Safety and Human Relations Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 3. Measure “Z” Citizens Oversight Committee Appointment Approved Motion: Appoint Richard P. Avila to the Measure “Z” Citizens Oversight Committee. Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/08/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 4. Parks, Recreation, and Community Services Commission Appointment Approved Motion: Appoint Richard P. Avila to the Parks, Recreation, and Community Services Commission. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor Valdivia announced that public speaking would be limited to 2 minutes per person. Approved Motion: Allow speakers to use 3 minutes for their comments. RESULT: ADOPTED [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Ibarra, Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Rick Jackson expressed his disappointment with the city for not following the cannabis permit procedure. He said the process was changed and was unfair. Ben Eilenberg suggested the appointment of an investigator to find out what happened with the cannabis permit review process. Gina Escobar spoke about the need for an amended ordinance to allow for more licenses to be granted to cannabis interests. The city is doing what I right by allowing people to open shops. Sandra Bonilla spoke about the need to work together to bring grant money to the city in order to help the young people in the city regarding job training. Christopher Kim said the city had written a fine ordinance regarding cannabis businesses, but that they have been concentrated in the third ward and said the council should fix it and move on. He suggested the city follow the ordinance and get the 39 applicants approved for licenses. Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/08/2019 Paul Sanborn, San Bernardino, said the city is not selling to a willing buyer at 632 N. Crescent and called for an investigation. Mirna Overstreet Spear, San Bernardino, said there were drainage issues near her property near Norman and Waterman avenues created by the development in the area that have not been addressed by the city. She asked that the city fix the degraded pavement. Majid Seraj, said the city had a pernicious and sinister agenda regarding cannabis permits and asked whether people could trust the cannabis permiting process. He said there was a complete system failure and that if the city council based its decision on faulty data, then the outcome is faulty too. Robert Porter, San Bernardino, said that people who worked to get cannabis allowed into the city have been excluded from the process. Howard Friedman, San Bernardino, said he is disappointed by the cannabis process and wants answers. For example, he said, why, if General Plan issues were part of the cannabis permitting process, applicants were not told. He questioned his low score for the enterprise section when he is working in the community. Justin Milakis, San Bernardino, spoke about the discrepencies between code enforcement and the building code regarding fence height requirements. Don Griggs, San Bernardino, thanked Council Member Richard for acknowledgement of the Westside Action Group during Black History Month and spoke about the significance of the colors of the tie he wore to that meeting. Kyle Patterson announced that a day of appreciation for the community at the Home of Neighborly Service on April 27. Steve Munoz spoke about the viability of his proposed cannabis operation. Victor Munoz said a few people are hurt by the cannabis application process and called the previous council meeting a circus. Joseph Patrick Doyle decried attacks against the City Manager. Dolores Armstead, San Bernardino, said she is waiting an update on the status of the former Boys and Girls Club of San Bernardino. She said a franchise audit is needed. She also said potholes in the city are dangerous and embarrassing. Luis Ojeda said that it costs taxpayer funds to fight lawsuits bought by cannabis applicants. He asked why the parties cannot come together to discuss the issues. Karmel Roe, San Bernardino, said she had spent 18 months of her time to help the city on the cannabis issue and decried the time and money wasted on the issue since 2011. 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 Ibarra pulled items 9, 10, 12 and 13 for further discussion. 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 March 6, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/08/2019 5. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated March 6, 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 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 February 2019. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 7. Neighborhood Resource Center, Matching Grants Fund Program, and Leadership Program Update Approved Motion: Receive the Neighborhood Resource Center, Matching Grants Fund Program and Leadership Program proposal at the April 3, 2019 City Council meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 8. Award of Construction Contract for Hospitality Lane Raised Median Island to Aramexx Group, Inc. Approved Motion: Adopt the resolution. Reso. 2019-31 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with Aramexx Group, Inc. in the amount of $424,450 for Hospitality Lane Raised Median construction, between “E” Street and Waterman Avenue; authorize the City Manager to execute the construction contingency in the amount of $42,445; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/08/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 9. Agreements with Infrastructure Engineers, Miller Architectural Corporation, and Black O’Dowd and Associates, Inc. to Provide As-Needed, on Call Architectural Services Approved Motion: Adopt the resolution. Reso. 2019-32 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Agreements with Infrastructure Engineers, Miller Architectural Corporation, and Black O’Dowd and Associates, Inc. to provide As-Needed, On Call Architectural Services for Various Capital Improvement Program (CIP) Construction and Modernization Projects. RESULT: ADOPTED [4 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Fred Shorett, Henry Nickel, Bessine L. Richard, James Mulvihill NAYS: Ibarra ABSTAIN: Sanchez 10. Agreement with Community Works Design Group for Facilities and Parkland Area Assessment of Delmann Heights Park and Community Center Approved Motion: Adopt the resolution. Reso. 2019-33 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a design contract with Community Works Design Group in the amount of $119,235 for Facilities and Parkland Area Assessment of Delmann Heights Park and Community Center. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/08/2019 11. Comprehensive Annual Financial Report of the City of San Bernardino Municipal Water Department for Fiscal Year Ended June 30, 2018 (Receive and File Item Only) Approved Motion: Receive and file the audited Comprehensive Annual Financial Report of the Water Department’s Water, Sewer, and Sewer Collection utilities for the fiscal year ended June 30, 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 12. Authorize the Second Amendment to the Contractor Services Agreements with Absolute Property Preservation and Brett Carlson Construction Approved Motions: Adopt the resolution; and Authorize the Director of Finance to increase the Purchase Orders issued to Absolute Property Preservation and Brett Carlson Construction to $200,000, respectively. Reso. 2019-34 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Second Amendment to Contractor Services Agreements with Absolute Property Preservation and Brett Carlson Construction, increasing the total for each to $200,000 per year and extend the single-year renewal options through June 2022 for on call board-up services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 13. Increase Purchase Order to Fairview Ford for Pre-Owned Vehicles for the Police Department Approved Motion: Adopt the resolution. Reso. 2019-35 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to increase the Purchase Order to Fairview Ford Sales, Inc., to an amount not to exceed Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/08/2019 $782,000 to cover the purchase of three pre-owned vehicles. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 14. FY 2018 Emergency Management Performance Grant Approved Motion: Adopt the resolution. Reso. 2019-36 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the receipt, obligation, and expenditure of the FY 2018 Emergency Management Performance Grant (EMPG), and authorizing the Director of Finance to amend the FY 2018/19 Adopted Budget and issue a purchase order to Vector USA in the amount not to exceed $15,962.99. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 15. Adopt Ordinance No. MC-1515 of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 2.46 to the San Bernardino Municipal Code Pertaining to the Formation of a Disaster Council Approved Motion: Adopt the ordinance. MC 1515: Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 2.46 to the San Bernardino Municipal Code pertaining to the Disaster Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/08/2019 STAFF REPORTS 16. Mid-Year Financial Review – Fiscal Year 2018/19 Approved Motion: Receive and File the Mid-Year Financial Review - Fiscal Year 2018/19 Report; and Authorize the Director of Finance to Amend the FY 2018/19 Budget as outlined in the Mid-Year Financial Review - Fiscal Year 2018/19 Report. RESULT: ADOPTED [5 TO 0] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Sandra Ibarra Mayor Valdivia announced that there would be a 10-minute break at 6:12 p.m. The group reconvened at 6:23 p.m. 17. Survey Research, Strategic Communications, and Public Education – Sunset of the Measure Z $0.25 Sales Tax in April 2022 Approved Motion: Authorize staff to issue Request for Proposals (RFP) for a survey research firm and a strategic communications and public education consultant to assist with the impending sunset of the Measure Z $0.25 Sales Tax in April 2022. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill PUBLIC HEARINGS 18. Vacation of a Portion of “I” Street, Broadway Street, and Main Street, South of 3Rd Street and the Reservation of Utility Easements Therein Speakers Yolanda Martin, oppose James Martin, oppose Approved Motion: Continue to April 3 meeting. Regular Meeting Minutes March 6, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/08/2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill 19. Vacation of a Portion of Little Mountain Drive, North of West 27Th Street and the Reservation of Utility Easements Therein Approved Motion: Adopt the resolution. Reso. 2019-38 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Little Mountain Drive, North of West 27th Street, and the reservation of utility easements therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill ADJOURNMENT The meeting adjourned at 7:35 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, March 20, 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