The URL can be used to link to this page

Home My WebLink About07-19-2017 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 7/24/2017 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 19, 2017 EDA BOARD ROOM 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 at 4:00 PM, Wednesday, July 19, 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 July 19, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 7/24/2017 Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:33 PM John Valdivia Council Member, Ward 3 Present 4:19 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 R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Mark Scott City Manager Present 4:00 PM 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 Shaun Jarvis v. City of San Bernardino, WCAB Case No. ADJ9634240 Frank Fuentes v. City of San Bernardino, W CAB Case Nos. 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): One (1) Item C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): Two (2) Items D. PERSONNEL – Pursuant to Government Code Section 54957(b): Public Employment: Title: City Manager Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 7/24/2017 E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property: 882 Washington Street Negotiator: Mark Scott, City Manager / Andrea Miller, Assistant City Manager 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 19, 2017. Invocation/Pledge of Allegiance The Reverend Socrates Jaen of Templo El Siloe of the Assemblies of God led the invocation. The Pledge of Allegiance was given by Council Member Valdivia. Closed Session Report City Attorney Gary Saenz reported on the following actions in Closed Session: Under Agenda Item No. 1A, Conference with Legal Counsel – Existing Litigation: In the matter of Shaun Jarvis v. City of San Bernardino, Council gave settlement directive by a vote of 5-0, with Barrios absent and Valdivia abstaining. In the matter of Frank Fuentes v. City of San Bernardino, Council gave settlement directive by a vote of 6-0, with Barrios absent. In the matter of Gary Robertson v. City of San Bernardino, Council gave settlement directive by a vote of 6-0, with Barrios absent. In the matter of Willie Moore v. City of San Bernardino, Council gave settlement directive by a vote of 7-0. Under Agenda Item No. 1B, Conference with Legal Counsel – Anticipated Litigation: One item was continued to the August 8, 2017 meeting. Under Agenda Item No. 1E, Conference with Real Property Negotiators: The Council gave negotiation terms directive to negotiators Mark Scott and Andrea Miller regarding the property at 882 Washington Street. Presentations 1. Proclamation Declaring July 25th as Garner Holt Productions, Inc. Day – Mayor R. Carey Davis Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 7/24/2017 Mayor Davis presented a proclamation to Garner Holt honoring his 40 years of doing business in San Bernardino by proclaiming July 25th as Garner Holt Productions, Inc. Day. Mr. Holt accepted the award. 2. Citizen of the Month: Pastor David McGlocklin – Council Member Virginia Marquez This item will be taken at the August 2, 2017 meeting. 3. Certificates of Recognition to Jeff Beacham and Ryan Mierau of Jimmy John’s Gourmet Sandwiches – Council Member Benito Barrios Councilmember Barrios presented certificates to Jeff Beacham and Ryan Mierau of Jimmy John’ Gourmet Sandwiches for their efforts to feed first responders and others who needed food following the December 2, 2015 terrorist attack. 4. Certificate of Recognition to Gary Ferrer – Council Member Benito Barrios Councilmember Barrios presented a certificate of recognition to Gary Ferrer for his work with the folklorico dancers. Assemblyman Mark Steinorth’s office also presented a certificate to Ferrer. 5. Templo El Siloe of the Assemblies of God 80th Anniversary – Rev. Socrates H. Jaen – Council Member John Valdivia Councilmember Valdivia presented a certificate to the Reverend Socrates Jaen honoring Templo El Siloe’s 80th anniversary. He also received certificates from the Offices of Assemblyman Steinorth and Senator Mike Morrell. 6. Certificate of Recognition to Dr. Bricia Elawar – Mayor Pro Tempore Fred Shorett Councilmember Shorett presented a certificate to Dr. Bricia Elawar for her work with Rotary and for children in the community. She also received a certificate from the Office of Assemblyman Steinorth. 7. San Bernardino Transit Center – Award Presentation – SBCTA Tim Watkins from the San Bernardino County Transportation Agency presented the City with two plaques honoring its partnership with the City. Mayor Davis accepted the plaques on behalf of the City. 8. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens, from the Chamber of Commerce, announced the Chamber’s upcoming activities. Roxanne Garcia, representative from Assemblywoman Eloise Reyes’ office, announced the Assemblywoman’s activities in the district. Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 7/24/2017 Consent Calendar Council Member Nickel pulled items 16, 20, 21 and 22 the Consent Calendar for further discussion. Council Member Valdivia pulled item 19 to abstain on it and Council Member Richard pulled item 23 to recuse herself from the vote. The remaining items on Consent Calendar were voted on in a single vote. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 9. Waive Full Reading of Resolutions and Ordinances Adopted Motion: Waive full reading of resolutions and ordinances on the agenda dated July 19, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. City Council Approval of Commercial and Payroll Checks Adopted Motion: Approve the commercial and payroll checks for June 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. – 40th Street Widening Project Adopted Motion: Adopt the resolution. Reso. 2017- 131 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. (ERSC) for environmental and civil engineering design services for the widening of 40th Street from Johnson Street to Electric Avenue (SS04-014). Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 7/24/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. License Agreement Between the City and San Bernardino County Transportation Authority (SBCTA) Adopted Motion: Adopt the resolution. Reso. 2017- 132 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or his designee to execute a License Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA). RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Proposed Street Vacation of a Portion of Institution Road – Plan No. 13143 – Authorization to Proceed Adopted Motion: Authorize the City Manager or his designee to proceed with the investigation of a request to vacate a portion of Institution Road, just south and west of Cajon Boulevard for Plan No. 13143. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 7/24/2017 14. Proposed Street Vacation of a Portion of Chestnut Avenue – Plan No. 13144 – Authorization to Proceed Adopted Motion: Authorize the City Manager or his designee to proceed with the investigation of a request to vacate a portion of Chestnut Avenue to the north of Little League Drive and to the south of Cable Creek Channel, pursuant to Plan No. 13144. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 15. PSA with KOA Corporation for Traffic Engineering Services Adopted Motion: Adopt the resolution. Reso. 2017- 133 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or his designee to execute a Professional Services Agreement with KOA Corporation to provide traffic engineering services for the Systemic Safety Analysis Report Program (SSARP). RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 16. Owner Occupied Housing Rehabilitation Program Adopted Motion: Adopt the resolution. Reso. 2017- 134 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Community Development Block Grant (CDBG) Agreement with Neighborhood Partnership Housing Services (NPHS) to implement the Owner Occupied Residential Rehabilitation Program. Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 7/24/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 17. License Agreement Amendment with Lockheed Martin Corporation Adopted Motion: Adopt the resolution. Reso. 2017- 135 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the execution of Amendment No. 1 to the License Agreement with Lockheed Martin Corporation. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 18. Purchase Order to Platinum Security, Inc. Adopted Motion: Adopt the resolution. Reso. 2017- 136 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of an annual Purchase Order to Platinum Security, Inc. in an amount not to exceed $917,000 for security guard services at various City locations. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 19. FY 2017-18 Vendor Services Agreement with Urban Futures, Inc. Adopted Motion: Adopt the resolution. Reso. 2017- 137 Resolution of the Mayor and City Council of the City of San Bernardino of the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, approving the Fiscal Year 2017-18 Vendor Services Agreement with Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 7/24/2017 Urban Futures, Inc. and approving certain related actions. RESULT: ADOPTED [6 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia 20. Memorandum of Understanding (MOU) Between the City of San Bernardino and Employees in the General Bargaining Unit Represented by International Union of Operating Engineers (IUOE) Local 1932 Adopted Motion: Adopt the resolution. Reso. 2017- 138 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 General Bargaining Unit represented by International Union of Operating Engineers (IUOE) Local 12. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 7/24/2017 21. Establishment of Management/Confidential Employee Compensation and Benefits Plan Between the City and the Employees in the San Bernardino Confidential and Management Association (SBCMA) Adopted Motion: Adopt the resolution. Reso. 2017- 139 Resolution of the Mayor and City Council of the City of San Bernardino, California regarding the establishment of the Management/Confidential Employee Compensation and Benefits Plan between the City and Management/Confidential Employees; repealing Resolution No. 2007-345, Resolution No. 2008-169, Resolution No. 2008-306, Resolution No. 2009-35, Resolution No. 2009-71, Resolution No. 2010-217, Resolution No. 2010-276, Resolution No. 2012-188, Resolution No. 2013-22, and Resolution No. 2014-249; and amending Resolution No. 2015-242. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 22. Amendment to the City of San Bernardino Full-Time Non-Safety Classification Salary Schedule for Fiscal Year 2017-2018 Adopted Motion: Adopt the resolution. Reso. 2017- 140 Resolution of the Mayor and City Council of the City of San Bernardino, California, amending the salary schedule for full- time non-safety classifications of the City of San Bernardino for FY 2017-2018. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 11 Printed 7/24/2017 23. 2017/2018 Assessment Rolls for Assessment Districts in San Bernardino Adopted Motion: Adopt the resolution. Reso. 2017- 141 Resolution of the Mayor and City Council of the City of San Bernardino, California, confirming the 2017/2018 Assessment Rolls for various Assessment Districts located within the City of San Bernardino. RESULT: ADOPTED [6 TO 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Mulvihill ABSTAIN: Bessine L. Richard 24. Consultant Services Agreement with Van Dermyden Maddux Law Corporation Adopted Motion: Adopt the resolution. Reso. 2017- 142 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Attorney to execute a Consultant Services Agreement with Van Dermyden Maddux Law Corporation for employment investigation legal services. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Public Hearings 25. Vacation of a Portion of Genevieve Street North of Wabash Street and South of Magnolia Avenue and the Reservation of Utility Easements Therein Adopted Motion: Conduct a Public Hearing; and Adopt the resolution. Reso. 2017- 143 Resolution of the Mayor and City Council of the City of San Bernardino, California, ordering the Vacation of a portion of Genevieve Street North of Wabash Street and South of Magnolia Avenue and the reservation of utility easements therein. Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 12 Printed 7/24/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito J. Barrios, Council Member, Ward 2 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 26. Imposing Liens to Recover Costs for Code Enforcement Abatement Adopted Motion: Conduct a Public Hearing; and Adopt the resolution. Reso. 2017- 144 Resolution of the Mayor and City Council of the City of San Bernardino, California, confirming costs to abate public nuisances and imposing liens on certain real property located within the City of San Bernardino for the costs of abatement. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 27. SB 649 – Proposed Letter of Opposition Adopted Motion: Authorize the Mayor, on behalf of the City, to sign and disseminate letters in opposition to the legislation and direct the City Manager and the City Attorney to discuss the and return to the August 2, 2017 meeting with a lobbying strategy. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes July 19, 2017 Mayor and City Council of the City of San Bernardino Page 13 Printed 7/24/2017 28. Request for Workshop Between the City and Neighborhood Association Council of San Bernardino Speaker Amelia Lopez The City Manager will set up a workshop and report back to the MCC with possible dates. No vote was taken on this item. 29. 42nd Annual Neighborhoods USA Conference – Council Member Valdivia Council Member Valdivia reported on his recent attendance at the 42nd Annual Neighborhoods USA conference, where he hosted several NAC presidents. No vote was taken on this item. 30. 42nd Annual Neighborhoods USA Conference – Council Member Nickel Council Member Nickel reported on his recent attendance at the 42nd Annual Neighborhoods USA conference. No vote was taken on this item. 31. Public Comments on items Not on the Agenda Robert Porter, San Bernardino, requested Wifi in the board room. Frank Pearce spoke about the need for a vertical spiral parking lot in the business district. Sandra Ibarra, San Bernardino, invited the council to the National Night Out by event hosted by the San Bernardino High School Neighborhood Association on Tuesday from 5 pm to 7 pm. 32. Items to be referred to Council Committees Council Member Nickel asked for an update on the overall communications strategy. 33. Announcements by Mayor, City Council, and Executive Staff 34. Adjournment The meeting adjourned at 8:09 p.m. in memory of Raymond Quiel. 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 is scheduled for 4:00 p.m., Wednesday, August 2, 2017, in the Council Chamber located at 201 N. E Street, San Bernardino, California. Closed Session will begin at 4 p.m. and Open Session will begin at 5 p.m. By: _________________________ Georgeann “Gigi” Hanna, CMC City Clerk