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HomeMy WebLinkAbout10-04-2017 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 10/11/2017 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, OCTOBER 4, 2017 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 4:05 PM, Wednesday, October 4, 2017, in the Board Room, 201 North "E" Street, San Bernardino, CA. 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 4:00 PM John Valdivia Council Member, Ward 3 Present 5:28 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 Candice Alvarez Deputy City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2017 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 AMF 1278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1702219 Kush Concepts, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702131 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 Karmel Roe v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1712424 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): Three (3) Items C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Wilmington Trust National Association City v. Hentze Real Estate Investing, LLC City v. Jose & Elidia Ruiz Motion: The matter of City of Fontana et al. v. State of California arose after the posting of the agenda and will be added to the closed session agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Shorett, Nickel, Richard, Mulvihill ABSENT: Barrios, Valdivia INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Keith Whitehouse of Judson Baptist Church gave the invocation. The Pledge of Allegiance was led by Londyn Frazier, a 6th grade student at Kimbark Elementary School. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2017 Closed Session Report City Attorney Saenz reported the following actions took place in Closed Session: • In re: City v. Wilmington Trust National Association, the council provided settlement directive by a vote of 5-0, with Council Members Barrios and Valdivia absent. • In re: City v. Hentze Real Estate Investing, LLC, the council provided settlement directive by a vote of 5-0, with Council Members Barrios and Valdivia absent. • In re: City v. Jose & Elidia Ruiz, the council provided settlement directive by a vote of 5-0, with Council Members Barrios and Valdivia absent. • In re: City of Fontana et al. v. State of California, the council authorized litigation strategy to add additional counsel to represent the city by a vote of 5-0 with Council Members Barrios and Valdivia absent. Presentations The mayor moved the legislative update presentation by Mike Morrell so it was heard first. 6. Legislative Update – Senator Mike Morrell Senator Morrell provided a legislative update regarding gas tax funds and civic responsibility to vote and hold elected leaders accountable. 1. EMS Paramedic Bridge – Hiring from the Local Community – Assistant Chief Dan Munsey Chief Munsey spoke about hiring a local work force and a program that provides a pathway for local people to become firefighters. 2. Economic Trends – Bob Dutton Mr. Dutton presented the 2017 annual property assessment roll. He said the average value increase countywide was 6.1% and in the City of San Bernardino it was 5.8%. 3. Community Facilities District Overview – Brent Mason Mr. Mason gave a general overview of Community Facilities Districts, a funding mechanism created to fund public improvements via a special tax on properties. He recommended a workshop to adopt a policies and goal document to guide the city and the development community. He said a special meeting would be held within the next couple weeks regarding the issue. Gordon Nichols, of the Building Industry Association, said the organization supported using these methods. 4. Certificates of Recognition – 13th Annual Miss Cardinal City Event – Council Members Barrios and Marquez provided certificates of recognition for the Miss Cardinal City competition. Certificates were given to Second Runner Up Alexis Armendariz; First Runner Up Brianna Roman; Miss Cardinal 2017-18 Kimberly Leonardo; and Ambassador Diamond Dean. 5. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave the updates for the San Bernardino Area Chamber of Commerce. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2017 Consent Calendar 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated October 4, 2017. 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 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for September 2017. 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 9. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council meeting of September 20, 2017. 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 10. Authorization to Issue Purchase Order to Universal Specialty Vehicles, Inc., and Execution of a Vendor Service Agreement for Refurbishment and Repairs to the Police Mobile Command Post. Approved Motion: Adopt the resolution. Reso. 2017-185 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Universal Specialty Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2017 Vehicles, Inc., in the amount of $54,074.00; and the execution of a Vendor Services Agreement between the City of San Bernardino, California, and Universal Specialty Vehicles, Inc. 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 11. Infill Housing Program Agreement with Neighborhood Housing Services, Inc. (NPHS) Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2017-186 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing a revision to the original HOME Investment Partnerships Program (HOME) Loan Agreement with Neighborhood Partnership Housing Services (NPHS) to implement the Modular Housing Component of the Infill Housing Program. RESULT: ADOPTED [6 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia 12. Change Order No. 1 to Contract for the Constructions of ADA Access Ramp and Sidewalk Improvements, Downtown Route (SS-B) 2015 and Amending the FY 17/18/ Budget Approved Motion: Adopt the resolution. Reso. 2017-187 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Change Order No. 1 to the Contract for the construction of ADA Access Ramp and Sidewalk Improvements, Downtown Route (SS-B) 2015 and amending the Fiscal Year 2017/18 Adopted Budget. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2017 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 13. Agreements for Services for On-Call Geotechnical Investigation and Construction Material Testing Approved Motion: Adopt the resolution. Reso. 2017-188 Resolution of the Mayor and City Council of the City of San Bernardino, California, awarding Agreements for Services for On-Call Geotechnical Investigation and Construction Material Testing with Converse Consultants, Hilltop Geotechnical, Inc. and CHJ Consultants. 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 14. Consultant Services Agreement with Norman Traub and Associates Approved Motion: Adopt the resolution. Reso. 2017-189 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 Norman Traub and Associates for employment investigation legal services. 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 15. First Amendment to the Consultant Services Agreement with Van Dermyden Maddux Law Corporation Approved Motion: Adopt the resolution. Reso. 2017-190 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Attorney to execute a First Amendment to the Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2017 Consultant Services Agreement with Van Dermyden Maddux Law Corporation for employment investigation legal services and increasing the Purchase Order with Van Dermyden Maddux Law Corporation for a total amount not to exceed seventy thousand dollars ($70,000). 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 16. Professional Services Agreement with Worthington Partners, LLC, for Consulting Services Related to Strategic Planning and Organizational Development Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso. 2017-191 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a three (3) year Professional Services Agreement with Worthington Partners, LLC, for consulting services related to strategic planning and organizational development. 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 Public Hearing 17. Conduct a Public Hearing on the Proposed Vacation of a Portion of “I” Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street Approved Motions: Conduct a Public Hearing on the proposed vacation of a portion of “I” Street South of Rialto Avenue and those portions of the east-west alleys and one north- south alley, between Rialto Avenue and 3rd Street.; and Adopt the resolution. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2017 Reso. 2017-192 Resolution of the Mayor and City Council of the City of San Bernardino, California, ordering the vacation of a portion of “I” Street South of Rialto Avenue and those portions of the east-west alleys and one north- south alley, between Rialto Avenue and 3rd Street, and the reservation of easements therein. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 18. First Amended and Restated Theater Square Development Services Agreement with AECOM Technical Services, Inc., and the Fransen Company, Inc. Approved Motion: Adopt the resolution. Reso. 2017-193 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amended and Restated Theater Square Development Services Agreement with AECOM Technical Services, Inc. and The Fransen Company, Inc., and approving certain related actions. 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 19. Exclusive Right to Represent Owner for Sale or Lease of Real Property with Lee and Associates Commercial Real Estate Services Inc. Related to Theater Square Approved Motion: Adopt the resolution. Reso. 2017-194 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Exclusive Right to Represent Owner for Sale or Lease of Real Property with Lee and Associates Commercial Real Estate Services Inc. related to Theater Square, and approving certain related actions. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2017 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 20. League of California Cities Annual Conference & Expo – September 13 – 15, 2017 Oral reports were given by Council Members Barrios, Validivia, Shorett, Nickel, and Richard. No vote was taken on this item. 21. Public Comments on Items Not on the Agenda Brandon Carter, San Bernardino, said he was looking for direction in who to speak to to present development ideas. William Ciocci, San Bernardino, discussed gossip and slander and how it can destroy people’s lives. He also read an email he had received from the Department of Consumer Affiars’ Cannabis Advisory Committee stating that they were reviewing his application to be a committee member. Robert Porter, San Bernardino, spoke about how a city’s vision leads people in a particular direction and he said an Bernardino needs visions to be implemented. His personal vision is to use the image of the Arrowhead to improve the city’s image and to represent the city to the world. Karmel Roe, San Bernardino, said she wants public comment back to way it was because it feels like the current method takes the people out of discussions the city council is having. She also said she would have the vision for Theater Square in place before the property is sold. Mark Gutglueck, Rancho Cucamonga, said the terms “strategic planning” and “organizational development” in the resolution to hire Greg Deveroux are vague about what he will be doing and asked about the salary, and the performance measures are. He also said Deveroux has several consulting contracts that creat conflicts of interest. Damon Alexander, San Bernardino, spoke about the upcoming turkey trot and how the city is participating with the cities of Highland, Loma Linda and Redlands in a series of walks for which there is a series medal if a person competes in all four events. He asked the mayor to challenge his counterparts in those cities to participate. Items to be Referred to Council Committees No items were referred to council committees. Announcements by Mayor City Council and Executive Staff The mayor, City council and Executive staff made announcements about upcoming events or those they had participated in. Joint Regular Meeting Minutes October 4, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2017 Adjournment The meeting adjourned at 9:11 p.m. in memory of the 59 lives lost in the Las Vegas shooting and San Bernardino resident Sonny Green. 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, October 18, 2017, in the Council Chamber located at 201 N. E Street, San Bernardino, California. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk