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Home My WebLink About05.B- City Clerk Consent Calendar City of San Bernardino a�T Request for Council Action 01 Date: February 6, 2017 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: Draft Minutes for January 23, 2017 Recommendation ti Approve draft minutes for January 23, 2017. N M N r O N d 3 C LO tC� CO cl' N N rr w C G1 E V t6 Q ` Pg. 34 5.B.b �'NA RQCity of San Bernardino �,. Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill DRAFT MINUTES 0 N JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL M N OF THE CITY OF SAN BERNARDINO 0 N 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 LO AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY00 AND 0 I MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING a AS THE HOUSING AUTHORITY �I w I MONDAY, JANUARY 23, 2017 r EDA BOARDROOM MI N I r The Joint Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 2:06 p.m., Monday, January 23, 2017, in the EDA Board Room, 201 N "E" Street, San Bernardino, CA. Roll Call �- Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 2:06 p.m. Benito J. Barrios Council Member, Ward 2 Present 2:06 p.m. John Valdivia Council Member, Ward 3 Present 2:26 p.m. Fred Shorett Council Member, Ward 4 Present 2:06 p.m. Henry Nickel Council Member,Ward 5 Present 2:06 p.m. Bessine L. Richard Council Member, Ward 6 Present 2:06 p.m. James Mulvihill Council Member, Ward 7 Present 2:06 p.m. R. Carey Davis Mayor Present 2:06 p.m. Georgeann "Gigi" Hanna City Clerk Present 2:06 p.m. Gary D. Saenz I City Attorney Present 2:06 p.m. Mark Scott City Manager Present 2:06 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Packet Pg. 35 Joint Regular Meeting Draft Minutes January 23, 2017 1. Closed Session Pursuant to Government Code Sections(s): 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 State of California, Regents of the University of CA, ex rel. OnTheGo Wireless v. Cello Partnership, et al., Sacramento Superior Court Case No. 34-2012-00127517 Bank of New York Mellon v. City of San Bernardino, et al., United States iZ District Court Case No. 16-CV-01791 —JGB-SP o N M N B. Conference with legal counsel — anticipated litigation initiation of o litigation — pursuant to Government Code Section 54956.9(d)(4): a c City v. Group IX BP Properties LP LOLO CO Public Comments: Daljit Kier, EI Monte Grayce Long, San Bernardino 0 Jesse Carrillo, EI Monte Sherri Wilson, EI Monte ti i C. Closed Session — personnel — pursuant to government code section r, 54957(b): Ni City Manager d 2. Closed Session Report City Attorney Gary Saenz reported the following action: a Under Agenda Item No. 1A, existing litigation: In the matter of City of San Bernardino, U. S. Bankruptcy Case No. 6:12- bk-28006 MJ, the Council gave settlement direction by a vote of 7-0. Chief Assistant City Attorney Jolena Grider reported the following actions: Under Agenda Item No. 1A, existing litigation: In the matter of State of California, Regents of the University of CA, ex rel. OnTheGo Wireless v. Cello Partnership, et al., Sacramento Superior Court Case No. 34-2012-00127517, the Council gave settlement direction by a vote of 7-0; Mayor and Common Council of the City of San Bernardino Page 2 a 4 Ind1nn 4• Packet Pg.36 Joint Regular Meeting Draft Minutes January 23, 2017 In the matter of Bank of New York Mellon v. City of San Bernardino, et al., United States District Court Case No. 16-CV-01791 —JGB-SP, the Council gave settlement direction by a vote of 7-0. Under Agenda Item No. 1B, anticipated litigation, significant exposure to litigation: In the matter of City v. Group IX BP Properties LP, the Council gave settlement direction by a vote of 7-0. Under Agenda Item No. 1 C, Closed Session —personnel: In the matter of the City Manager, the Council gave direction by a vote of 7-0. ti 0 3. City Council Appointments Cq M There were no Council appointments at this meeting. 0 N Reading of Resolutions and Ordinances Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions and ordinances on the agenda. LOLO co Invocation/Pledge of Allegiance The invocation and Pledge of Allegiance were given by Pastor Jim Newell from First Baptist Church of San Bernardino. o� W 4. PRESENTATIONS 4A. Proclamation Declaring January as National Mentoring Month — Mayor R. ri Carey Davis Ni Mayor Davis read a proclamation declaring January as National Mentoring Month in the City of San Bernardino. E 4B. Certificate of Recognition — Lutheran Church of Our Savior 50t" Anniversary— Council Member Shorett Council Member Shorett presented a Certificate of Recognition to Pastor Scottie a R. Lloyd of LCOS. 4C. Student of the Month — Sabrina Velarde, Arroyo Valley High School - Council Member Richard Council Member Richard introduced Ms. Velarde and presented her with a certificate honoring her as Student of the Month. 4D. Citizen of the Month —Jesse Carrillo - Council Member Barrios Council Member Barrios presented a certificate to Mr. Carrillo honoring him as Citizen of the Month. Mr. Carrillo spoke about his commitment to the community and asked others to join him. Mayor and Common Council of the City of San Bernardino Page 3 Packet Pg. 37 Joint Regular Meeting Draft Minutes January 23, 2017 4E. SB International Airport Update — Mike Burrows, Executive Director — Council Member Marquez Mr. Burrows provided an update on activities at the airport, including the 2017 World Trade Expo and the 2017 SBD Fest 2017 (October 20 and 21). 4F. Bankruptcy/Strategic Planning Update — Management Partners No update was provided. 4G. Chamber of Commerce & Local Elected Officials Announcements Chamber representative Lesley Stevens announced upcoming Chamber of Commerce events and activities. Roxanna Grarcia, Field Representative for Assemblywoman Eloise Reyes, introduced herself as the representative in charge of the City of San Bernardino and Muscoy area. She invited the Mayor, City Council and public to the swearing in ceremony at San Bernardino Valley College on February 4, 2017 at 12:00 p.m. N M N 5. Consent Calendar o Council Member Mulvihill pulled Agenda Item 5D for discussion. Council Member r Nickel pulled Agenda Item 5E for further discussion. RESULT: ADOPTED [7-0] LO MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill o c, d 5A. City Clerk Waive Full Reading of Resolutions and Ordinances T Approved N� Motion: Waive full reading of resolutions and ordinances on the agenda dated January 23, 2017. RESULT: ADOPTED [7-0] Ca MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 a AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5B. City Clerk Council Minutes — January 9, 2017 Approved Motion: Approve the minutes of the Mayor and City Council meeting of January 9, 2017, as submitted. 0 Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg.38 5.B.b Joint Regular Meeting Draft Minutes January 23, 2017 RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5C. Finance Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for December 2016. RESULT: ADOPTED [7-0] iZI MOVER: John Valdivia, Council Member, Ward 3 o SECONDER: Fred Shorett, Council Member, Ward 4 M AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill o a� .r 5D. City Manager Property Assessed Clean Energy (PACE) Program Providers LO Approved co Motion: Adopt the Resolution. r L RES. 2017-09 — Resolution of the Mayor and City Council of the � City of San Bernardino, California, Approving Associate Membership by the City in the California Enterprise Development Authority; Authorizing City Manager to Execute an Associate Membership Agreement of the City in the Authority; Authorizing M� the City to Join the Figtree PACE Program; Authorizing the 04i California Enterprise Development Authority to Conduct Contractual Assessment Proceedings and Levy Contractual 4) Assessments Within the Territory of the City and Authorizing Related Actions. w Q RESULT: ADOPTED [6-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill NAYS: Fred Shorett, Council Member, Ward 4 Mayor and Common Council of the City of San Bernardino Page 5 Joint Regular Meeting Draft Minutes January 23, 2017 5E. City Manager Change Signatories of Former Redevelopment Agency Bank Accounts Approved Motion: Adopt the Resolution. RES. 2017-10 — Resolution of the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Designating Signatories of Successor Agency Bank Accounts and Superseding any Previous Resolutions. RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 N AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill N 0 5F. City Manager First Amendment to the Consultant Services Agreement between the City of San Bernardino and Flores & Associates LOLO Approved Motion: Adopt the Resolution. L RES. 2017-11 — Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Execute the First Amendment to the Consultant Services Agreement Between the City of San Bernardino and Flores & Associates. ' M N I r RESULT: ADOPTED [7-0] MOVER: John Valdivia, Council Member, Ward 3 E SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill a 6. Staff Reports 6A. City Attorney Professional Services Agreement with Jones & Mayer for Charter Implementation Services Public Comments: Scott Olson, San Bernardino Mayor and Common Council of the City of San Bernardino Page 6 Packet Pg.40 5.B.b Joint Regular Meeting Draft Minutes January 23, 2017 Approved Motion: Adopt the Resolution. RES. 2017-12 — Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Execute a Professional Services Agreement with Jones & Mayer for Legal Services Related to Charter Implementation. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ti 6B. Community Development N Parking Lease Agreement for the Andreson Building located at 320 N. "E" Street N Approved a� Motion: Adopt the resolution. RES. 2017-13 — Resolution of the Mayor and City Council of the City of San Bernardino Approving a Parking Agreement co Between the City and 320 N. E Street, LLC for Use of 125 Unreserved Parking Stalls in the City Hall Parking Structure. . o rn RESULT: ADOPTED [7-0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 r i AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill N i 6C. City Manager d Fiscal Year 2016/17 Capital Improvement Plan w City Manager Mark Scott opened the discussion. Brent Mason, Finance Director, a presented a PowerPoint entitled "Capital Improvement Program for Fiscal Year 2016/17." He discussed funding sources and key projects under way in 2016/17. Public Comments: Dolores Armstead, San Bernardino Linda Hart, San Bernardino No action was taken. Mayor and Common Council of the City of San Bernardino Page 7 Packet Pg.41 b Joint Regular Meeting Draft Minutes January 23, 2017 7. Public Comments for Items Not on the Agenda Patricia Sacks, San Bernardino, asked about the planned City Hall relocation. Scott Olson, San Bernardino, said it behooves the City to get busy and make the adjustments called for in the new Charter immediately. Sandra Ibarra, San Bernardino, said it was unacceptable that comments for Consent Calendar items were called before 5 p.m., when she was still at work. She also said the Council should be sure in the Capital Improvement Program to include the poorer wards. Further, she complained that the CDBG Community Advisory Committee had not met recently. Frank Pearce, San Bernardino, spoke about how the federal government would now turn its focus to reconstructing the Supreme Court. 0 N M 8. Items to be Referred to City Council Committees No items were referred to committee. a� 9. Announcements by Mayor, City Council and Executive Staff Council Members made announcements concerning their respective wards. LO 00 10. Adjournment The meeting adjourned at 8:33 p.m. The next joint regular meeting of the Mayor o and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 2:00 p.m., Monday, (D February 6, 2017. w� ti i By: Mi Georgeann "Gigi" Hanna, CMC N, City Clerk d E s Y a Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg.421