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Home My WebLink About07-05-2017 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 7/3/2017 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, JULY 5, 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 1:03 PM, Wednesday, July 5, 2017, in the Former EDA Board Room, 201 North "E" Street, San Bernardino, CA. Open Session reconvened at 5:05 p.m. Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 7/5/2017 Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 1:03 PM Benito J. Barrios Council Member, Ward 2 Present 1:30 PM John Valdivia Council Member, Ward 3 Present 1:23 PM Fred Shorett Council Member, Ward 4 Present 1:03 PM Henry Nickel Council Member, Ward 5 Present 1:03 PM Bessine L. Richard Council Member, Ward 6 Present 1:03 PM James Mulvihill Council Member, Ward 7 Present 1:03 PM R. Carey Davis Mayor Present 1:03 PM Georgeann "Gigi" Hanna City Clerk Present 1:03 PM Gary D. Saenz City Attorney Present 1:03 PM 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 July 5, 2017. Invocation/Pledge of Allegiance Pastor Jay Egenes of Central City Lutheran Mission led the invocation. Council Member Shorett led the Pledge of Allegiance. Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 7/5/2017 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): City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ Shaun Jarvis v. City of San Bernardino, WCAB Case No. ADJ9634240 Frank Fuentes v. City of San Bernardino, WCAB Case No s. ADJ10628646, ADJ10629270 and ADJ10628647 Gary Robertson v. City of San Bernardino, WCAB Case Nos. ADJ9767562, ADJ9767733, ADJ9767563 Willie Moore v. City of San Bernardino, WCAB Case No. ADJ10283630 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): Two (2) items C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Kamran City v. Del Rosa Project, LLC City v. Group II Azusa Properties LTD City v. Group II Azusa Properties LTD City v. Group IX BP Properties LP City v. North Star Investments City v. Group XIV Properties LP City v. Eureka 331 Properties LP D. PERSONNEL – Pursuant to Government Code Section 54957(b): Public Employment: Title: City Manager Speaker Denise Whistler E. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Code Section 54957.6: Negotiator: Helen Tran, Human Resources Director Mark Scott, City Manager Employee Organizations: General Unit and Management & Confidential Unit F. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property: 293 3rd Street and 266 3rd Street Negotiator: Mark Scott, City Manager /Andrea Miller, Assistant City Manager Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 7/5/2017 Closed Session Report The items crossed out under the Closed Session agenda were deferred to another meeting and not heard. City Attorney Gary Saenz reported on the following actions in Closed Session: Under Agenda Item 1C -- Conference with Legal Counsel – Anticipated Litigation, initiation of litigation: In the matter of City v. Kamran, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Del Rosa Project, LLC, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Group II Azusa Properties LTD, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Group II Azusa Properties LTD, Council gave settlement directive settlement directive y a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Group IX BP Properties LP, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. North Star Investments, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Group XIV Properties LP, Council gave settlement directive by a vote of 5-0, with council members Valdivia and Barrios absent. In the matter of City v. Eureka 331 Properties LP, Council gave settlement directive by a vote of 4-0, with council members Nickel, Valdivia and Barrios absent. Under Agenda Item 1E, Conference with Labor Negotiator – Pursuant to Government Code Section 54957.6: Employee Organizations: General Unit and Management & Confidential Unit Council gave settlement negotiation directive direction by a vote of 6-0, with council member Nickel absent in the matter of the General Unit. Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 7/5/2017 Council gave settlement negotiation directive direction by a vote of 6-0, with council member Nickel absent in the matter of the Management/Confidential Unit. Under Agenda Item 1F Conference with Real Property Negotiators –Pursuant to Government Code Section 54956.8: Property: 293 3rd Street and 266 3rd Street No reportable action was taken. Presentations 1. Chamber of Commerce & Local Elected Officials Announcements Chamber Executive Director Judi Penman provided an update of Chamber activities in the coming days. Consent Calendar Council Member Marquez pulled item 10 and Council Member Nickel pulled Item 11 from the Consent Calendar for further discussion. City Attorney Saenz asked that Item 16 be continued to the next council meeting. The remaining items on Consent Calendar were voted on in a single vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 2. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive Full Reading of Resolutions and Ordinances on the agenda dated July 5, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 7/5/2017 3. City Council Approval of Minutes Approved Motion: Approve the minutes of the Mayor and City Council meeting of June 21, 2017. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. 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: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. Jerry Lewis Pool Filtration Replacement Approved Motion: Adopt the Resolution. Reso. 2017-119: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the City Manager or his designee to execute a contract between the City of San Bernardino and Commercial Aquatic Services, Inc. for the replacement of four filtration/circulation systems at the Jerry Lewis Family Swim Center, located in Perris Hill Park. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 7/5/2017 6. Subordination of a Deed of Trust in Connection with 766 North San Carlo Avenue, San Bernardino, California Approved Motion: Adopt the Resolution. Reso. 2017-120: Resolution of the Mayor and City Council of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving a Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating to real property located at 766 North San Carlo Avenue, San Bernardino, California. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Amendment Number Five to Professional Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, and Counter Services Approved Motion: Adopt the Resolution. Reso. 2017-121: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the execution of Amendment Number Five to increase the contract amount of a Professional Services Agreement with Willdan Engineering in an amount not to exceed $355,000.00 for Plan Review, Construction Inspection, Stormwater Management, and Counter Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 7/5/2017 8. Workers' Compensation Third Party Claims Administration Services Approved Motion: Adopt the Resolution. Reso. 2017-122: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the execution of a Second Amendment to the Vendor Services Agreement between York Risk Services Group Inc., and authorizing execution of a Vendor Services Agreement between AdminSure Inc. and the City of San Bernardino for Workers' Compensation Third Party Claims Administration Services. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. ADA Access Ramp and Sidewalk Improvements Approved Motion: Adopt the Resolution. Reso. 2017-123: Resolution of the Mayor and City Council of San Bernardino, California, awarding a contract in the amount of $280,981.45 to Martinez Concrete, Inc. in the amount of $280,981.45 per Plan No. 12973 (SS17-002) for the Construction of ADA Access Ramp and Sidewalk Improvements. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 7/5/2017 10. Amendment No. 3 to the Agreement with AECOM Technical Services, Inc. Approved Motion: Adopt the Resolution. Reso. 2017-124: Resolution of the Mayor and City Council of San Bernardino, California, approving Amendment No. 3 to the Agreement for Services with AECOM Technical Services, Inc. for the Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No 54C-0066, and amending the FY 16/17 Adopted Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Assignment of Big “Z” AutoWorks, Inc., Tow Services Agreement to Armada Towing Speaker James Penman Manny Acosta Pete Ortiz Fernando Soria Approved Motion: Adopt the Resolution. Reso. 2017-125: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the transfer of assignment of the Agreement for Tow Services with Big “Z” Autoworks, Inc., to Armada Transport, Inc., dba Armada Towing. RESULT: ADOPTED [5-2] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Barrios, Valdivia, Shorett, Richard, Mulvihill NOES: Marquez, Nickel Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 7/5/2017 12. Selective Traffic Enforcement Program (STEP) Grant Approved Motion: Adopt the Resolution. Reso. 2017-126: Resolution of the Mayor and City Council of San Bernardino, California, ratifying submittal of an Application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of not to exceed $746,289.13, and authorizing the City Manager or his designee to accept and administer the grant if awarded. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. CalRecycle Grant Program Approved Motion: Adopt the Resolution. Reso. 2017-127: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the submittal of an application for Payment Programs offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Pool Cover Replacement at Six (6) City Pools Approved Motion: Adopt the Resolution. Reso. 2017-128: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the City Manager or his designee to execute a Vendor Service Agreement with Knorr Systems, Inc. for the pool cover replacement at six (6) pools. Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 11 Printed 7/5/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. Year-Round and Summer Lunch Program Approved Motion: Adopt the Resolution. Reso. 2017-129: Resolution of the Mayor and City Council of San Bernardino, California, authorizing the City Manager or his designee to execute a Food Service Agreement with the San Bernardino City Unified School District for the delivery of Type A Lunches to the City sites for the District’s Year-Round and Summer Lunch Program for FY 2017-2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. 2017/2018 Assessment Rolls for Assessment Districts in San Bernardino Approved Motion: Adopt the Resolution. Continue to July 19, 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 July 5, 2017 Mayor and City Council of the City of San Bernardino Page 12 Printed 7/5/2017 Public Hearings 17. Proposed Vacation of Century Avenue Between Show Case Drive North and Camino Real Approved Motion: Conduct a Public Hearing and Adopt the Resolution. Reso. 2017-130: Resolution of the Mayor and City Council of San Bernardino, California, ordering the Vacation of Century Avenue between Show Case Drive North and Camino Real and the reservation of Utility Easements therein. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 18. Tow Fee Waiver (LRC Referral) After a motion to waive fees failed 3-4, Council Member Nickel made the following motion: Motion: Direct the City Attorney to draft an amendment to the TSA to reflect the council’s desire to waive fees for stolen and abandoned vehicles RESULT: FAILED [4-3; Mayoral veto] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Nickel, Richard NOES: Marquez, Shorett, Mulvihill VETO: Mayor Davis With the mayor’s veto, the status quo remains. 19. Discussion – Mayor & City Council Policy Re City Elected Official Communications on City-Controlled Social Media Speakers Robert Porter Barbara Babcock The council asked that a facilitator from ILG help facilitate a future discussion of the city’s social media policy. No vote was taken. Joint Regular Meeting Minutes July 5, 2017 Mayor and City Council of the City of San Bernardino Page 13 Printed 7/5/2017 20. Public Comments on Items Not on the Agenda Robert Porter, San Bernardino, spoke about making san Bernardino attractive to visitors and nurture what is attractive in our history. Robert Sacco, San Bernardino, spoke about the potholes on Valencia Street east of Waterman, asked the city to put a motor atrol officer at 14th street and discussed street sweepers not being effective. Sandra Olivas, San Bernardino, spoke about July 4th fireworks and said she would have camped out on council members’ lawns if her house had burned over the holiday. She said it is impossible to police the situation when some are legal and some are illegal and she is tired of paying vets bills because of the inaction of the council. She asked how many tickets were written for illegal fireworks. 21. Items to be referred to Council Committees No items were referred to council committees. 22. Announcements by Mayor, City Council, and Executive Staff The mayor and council made announcements of activities within their respective wards. 23. Adjournment The meeting adjourned at 7:03 p.m. in memory of Ronald Skipper and John Smith to a joint special meeting of the Mayor and City Council on Friday, July 7 at 5 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, July 19, 2017, in the Council Chamber located at 201 North E Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. Open Session will begin at 5:00 p.m. By: _________________________ Georgeann “Gigi” Hanna, CMC City Clerk