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Home My WebLink About06-21-2017 MCC Minutes City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 6/22/2017 MINUTES 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 AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, JUNE 21, 2017 BOARD ROOM, 201 North "E" Street The Joint Regular Meeting of the Mayor and Common 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, June 21, 2017, in the EDA Board Room, 201 North "E" Street, San Bernardino, CA. Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 6/22/2017 Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 3:53 PM Benito J. Barrios Council Member, Ward 2 Present 3:53 PM John Valdivia Council Member, Ward 3 Present 3:53 PM Fred Shorett Council Member, Ward 4 Present 3:54 PM Henry Nickel Council Member, Ward 5 Present 3:54 PM Bessine L. Richard Council Member, Ward 6 Present 3:54 PM James Mulvihill Council Member, Ward 7 Present 3:52 PM R. Carey Davis Mayor Present 3:52 PM Georgeann "Gigi" Hanna City Clerk Present 3:51 PM Gary D. Saenz City Attorney Present 3:52 PM Mark Scott City Manager Present 3:52 PM 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 SOCAL Environmental Justice Alliance v. San Bernardino Valley Municipal Water District, et al., San Diego Superior Court Case No. 37-2016-00032816-CU-TT- CTL Quiang Ye, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 AMF 1278, LLC, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702131 Michael Lee, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704539 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation - Government Code Section 54956.9(d)(2): One (1) Item Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 6/22/2017 C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation - Pursuant to Government Code Section 54956.9(d)(4): City v. Moreno City v. Citigroup D. PERSONNEL - Pursuant to Government Code Section 54957(b): City Manager E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property: 293 3rd Street and 266 3rd Street Negotiator: Mark Scott/Andrea Miller Reading of Resolutions and Ordinances Deputy City Clerk Candice Alvarez read into the record the titles of all the resolutions and ordinances on the agenda for June 21, 2017. Invocation/Pledge of Allegiance The Reverend David McGLocklin of St. Paul’s United Methodist Church led the invocation. The Pledge of Allegiance was given by Council Member Henry Nickel. Closed Session Report City Attorney Gary Saenz reported: Under Agenda Item No. 1A, Conference with Legal Counsel -- Existing Litigation: In the matter of SOCAL Environmental Justice Alliance v. San Bernardino Valley Municipal Water District, et al., the council gave authorization by a vote of 7-0. Under Agenda Item No. 1C, Conference with Legal Counsel – Anticipated Litigation Initiation of litigation - Pursuant to Government Code Section 54956.9(d)(4): In the matter of City v. Moreno the council gave settlement direction by a vote of 7-0 In the matter of City v. Citigroup, the council gave settlement negotiation directive by a vote of 7-0 Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 6/22/2017 Presentations 1. Project Fighting Chance-Sendoff for Junior Olympic Regionals - Mayor R. Carey Davis Mayor Davis honored Ian Franklin and the Project Fighting Chance children participating in the Junior Olympic Regional boxing competition. 2. Award to Downtown San Bernardino Passenger Rail Project - Transit and Rail Programs Project Manager Victor Lopez This item was removed from the agenda. 3. Present Citizen of the Month to Myra Elder - Council Member Mulvihill Council Member Mulvihill presented the Citizen of the Month award to Seventh Ward resident Myra Elder. 4. Bankruptcy Update Andy Belknap provided the council with a report on the bankruptcy 5. Chamber of Commerce & Local Elected Officials Announcements Roger Henderson announced the activities of the Chamber. Enrique Armenta announced the upcoming activities for Congressman Pete Aguilar’s office. Consent Calendar The items on Consent Calendar are considered to be routine in nature and were voted on in a single vote, except for items 11, 16 and 20, which were pulled by Council Member Nickel for further discussion, and Item 17, which was pulled by Council Member Valdivia. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated June 21, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. City Council Approval of Minutes Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 6/22/2017 Approved Motion: Approve the minutes of the Mayor and City Council meeting of May 1, 2017, May 8, 2017, June 7, 2017, and June 13, 2017, as corrected. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for June 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 6/22/2017 9. Approval of Master Services Agreement Between City of San Bernardino and San Bernardino Municipal Water Department for Fiscal Year 2016/17 - Transfer of $3,266,000 Approved Motion: Adopt the resolution. Reso. 2017-107: Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Master Services Agreement (“MSA”) with the San Bernardino Municipal Water Department (“Water Department”) in the amount of $3,266,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. License Agreement with Lockheed Martin Corporation for an Encroachment for the Installation of Three Groundwater Monitoring Wells Approved Motion: Adopt the resolution. Reso. 2017-108: Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and Directing Execution of a License Agreement with Lockheed Martin Corporation for an Encroachment at 1188 Scenic Drive, 1364 Camino Real, and 463 MacKay Drive within the City, for the Installation of Three Groundwater Monitoring Wells. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 6/22/2017 11. Proposed Vacation of a Portion of Genevieve Street Approved Motion: Adopt the resolution. Reso. 2017-109: Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of Genevieve Street North of Wabash Street and South of Magnolia Avenue and the reservation of utility easements therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Second Amendment to the Professional Services Agreement Between the City of San Bernardino and Annie Clark Approved Motion: Adopt the resolution. Reso. 2017-110: Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Second Amendment to the Professional Services Agreement between the City of San Bernardino and Annie Clark. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 6/22/2017 13. Public Safety Camera Supplemental System Enhancements Approved Motion: Adopt the resolution. Reso. 2017-110A: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the purchase of supplemental enhancements to the existing Public Safety Camera System. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Memorandum of Understanding (MOU) Between the City of San Bernardino and Employees in the Middle Management Bargaining Unit Represented by Teamsters Local 1932 Approved Motion: Adopt the resolution. Reso. 2017-111: Resolution of the Mayor and City Council of the City of San Bernardino, California approving a Memorandum of Understanding (MOU) between the City of San Bernardino and Employees in the Middle Management Bargaining Unit represented by Teamsters Local 1932. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 6/22/2017 15. City of San Bernardino Full-Time Non-Safety Classification Salary Schedule for Fiscal Year 2017-2018 Approved Motion: Adopt the resolution. Reso. 2017-112: Resolution of the Mayor and City Council of the City of San Bernardino, California, repealing resolution No. 6413 and establishing a salary schedule for Full-time Non-Safety classifications of the City of San Bernardino for FY 2017- 2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Dan Webster Approved Motion: Adopt the resolution. Reso. 2017-113: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to the Professional Services Agreement between the City of San Bernardino and Dan Webster. 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 17. Regulatory Fee Associated with the Sale of Fireworks Approved Motion: Adopt the resolution. Reso. 2017-114: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, setting the 2017 Regulatory Fee for the Sale of Fireworks in the City of San Bernardino. Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 6/22/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Authorization to Renew Annual Software and Hardware Maintenance Agreements for FY2017-2018 Approved Motion: Authorize the City Manager or his designee to execute service agreements for annual software and or hardware support for the Fiscal Year 2017-2018 with Accela Corporation, CelPlan, Earth Science Research Institute (ESRI), and Tyler Systems. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. Purchase of Mobile Data Computer (MDC) Equipment Approved Motion: Adopt the resolution. Reso. 2017-115: Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the award of a purchase order for the purchase of mobile data computer (MDC) equipment from DuraTech USA, Inc. in an amount not to exceed $161,000. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 20. HOME Investment Partnerships Program Loan Agreement Speaker Sandra Ibarra Council Member Shorett abstained from this item and left the dais. Approved Motion: Adopt the resolution. Reso. 2017-116: Resolution of the Mayor and City Council of the City of San Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 11 Printed 6/22/2017 Bernardino, California, Authorize the execution of HOME Investment Partnerships Program (HOME) Loan Agreement with Neighborhood Partnership Housing Services (NPHS) to Implement the Modular Housing Component the Infill Housing Program. RESULT: ADOPTED [6 TO 0] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill ABSTAIN: Fred Shorett Public Hearing 21. Business Registration Liens Approved Motion: Close the public hearing, direct the City Clerk to administratively remove any properties from the Business Registration Liens List (Exhibit A) which have been paid prior to the hearing; and adopt a Resolution. Reso. 2017-117: Resolution of the Mayor and City Council of the City of San Bernardino, California, Imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Report 22. Approval of the Proposed 2017/18 Operating Budget, Capital Improvement Program and Appropriations Limit Calculation Approved Motion: Adopt the resolution. Reso. 2017-118: Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, approving and adopting the City of San Bernardino’s Operating Budget and Capital Improvement Plan (CIP) for fiscal year 2017-18 and establishing the city’s Appropriations Limit as required by Article XIII of the California State Constitution. Joint Regular Meeting Minutes June 21, 2017 Mayor and City Council of the City of San Bernardino Page 12 Printed 6/22/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 23. Public Comments on Items Not on the Agenda Sandra Ibarra, San Bernardino, said she was concerned about the HOME program and vacant lots and also about the cost of the Rowe Library roofing project. Doug Jones, San Bernardino, said there had been homeless/transient issues near his business on Hospitality Lane and said he'd worked with the city, installed 8-to-10-foot fences and that the transformation was amazing. He thanked the council. Scott Olson, San Bernardino, thanked the police department actions at the anti-sharia law protest. Charle Jacobs, San Bernardino, spoke about the neighborhood associations and their activities. Jeannetta Million, San Bernardino, spoke about her social service agency, A Servant's Heart Community Development International and said they need a new location. Robert Porter, San Bernardino, asked people to support Fighting Chance as they represent San Bernardino in boxing competition. He also spoke about the need for more police officers. James Sacco, San Bernardino, requested that there be a police unit near the corner of Valencia and 14th street because of the high traffic and bad road conditions. He said the street was in disarray from being half paved. Barbara Babcock, San Bernardino, spoke about the good people in San Bernardino being frustrated. She said the city has potential and the good people of the city need to take it back. 24. Items to be referred to Council Committees Council Member Nickel requested that there be a future agenda item to discuss the city’s communications policies. He also requested a discussion of the watering of medians and the health of the city's old growth trees. 25. Announcements by Mayor, City Council, and Executive Staff 26. Adjournment The next joint regular meeting of the Mayor and Common Council and the Mayor and Common Council Acting as the Successor Agency to the Redevelopment Agency is scheduled for 1:00 p.m., Wednesday, July 5, 2017, in the Council Chamber at 201 N. E Street, San Bernardino, California. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk