HomeMy WebLinkAbout09- City Clerki �
a
"s
O
5
Consent Calendar
City of San Bernardino
Request for Council Action
Date: October 4, 2017
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: City Council Approval of Draft Minutes
ti
0
Recommendation o
Approve the minutes of the Mayor and City Council meeting of September 20, 2017. 04
d
E
d
CL
m
N
w
d
c
Ln
I--
U)U)
m
c_
c
a�
E
t
a
Packet Pg. 47
i
This Page Is left Intentionally Blank
9.b
NAR
U,~Gi+ City of San Bernardino
Mayor R. Carey Davis
,. 300 North "D" Street Council Members
San Bernardino, CA 92418 Virginia Marquez
o'
http://www.sbcity.org htt Benito Barrios
•'`bG^'�ED I�� P- Y 9 John Valdivia
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
iZ
0
N
MINUTES o
N
FOR THE
JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL .0
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS B
d
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN O
"r BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND C/)
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 ayi
AUTHORITY c
WEDNESDAY, SEPTEMBER 20, 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 4:00 PM, Wednesday, September 20, MI
2017, in the Board Room, 201 North "E" Street, San Bernardino, CA.
I
Call to Order
Attendee Name Title Status Arrived of
Virginia Marquez Council Member, Ward 1 Present 4:00 PM N
o�
Benito J. Barrios Council Member, Ward 2 Present 4:25 PM
John Valdivia Council Member, Ward 3 Present 4:15 PM E
Fred Shorett Council Member, Ward 4 Present 4:04 PM
Henry Nickel Council Member, Ward 5 Present 4:00 PM a
Bessine L. Richard Council Member, Ward 6 Present 4:00 PM
James Mulvihill Council Member, Ward 7 Present 4:00 AM
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
Andrea Miller City Manager Present 4:00 PM
Mayor and City Council of the City of San Bernardino Pagel
Packet Pg.48
1
9.b
Joint Regular Meeting Minutes September 20, 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):
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
0
N
Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior N
Court Case No. CIVDS 1704276
E
Karmel Roe v. City of San Bernardino, et al., San Bernardino Superior Court a
Case No. CIVDS 1712424
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):
t
i
City v. Demirkol City v. Feroze Ahmed ,1
City v. Wilmington Trust National Assoc. City v. Arroyo
c
.E
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS — Pursuant to 01
N
Government Code Section 54956.8: o
c
Property: Arden-Guthrie Site E
Negotiator: Andrea Miller, City Manager
Closed Session Report a
City Attorney Saenz reported the following actions took place in Closed Session:
In the matter of City v. Demirkol, Council gave settlement directive by a vote of 5-0,
with councilmembers Barrios and Nickel absent.
In the matter of City v. Wilmington Trust National Association, Council gave settlement
directive by a vote of 5-0, with councilmembers Barrios and Nickel absent.
In the matter of City v. Feroze Ahmed, Council gave settlement directive by a vote of 6-
0, with councilmember Nickel absent.
Mayor and City Council of the City of San Bernardino Page 2
Packet Pg.49
9.b
Joint Regular Meeting Minutes September 20, 2017
In the matter of City v. Arroyo, Council gave settlement directive by a vote of 5-0, with
councilmembers Barrios and Nickel absent.
In the matter concerning real property negotiation regarding the Arden-Guthrie site, the
Council gave gave settlement directive by a vote of 7-0.
Invocation and Pledge of Allegiance
Reginald Wood of Life Changing Ministries led the invocation and the Pledge was given
by Lee Stewart, a fifth grade student at Kendall Elementary School.
Presentations
Added by Mayor Davis at the Meeting: Presentation to Participants of the Police o
and Fire World Games N
0
Assistant Chief Eric McBride showed a film of the San Bernardino participants in
the Police and Fire World Games August 7-16 in Los Angeles and said it had
been a great opportunity to showcase the city's public safety personnel on a :?
worldwide stage. Mayor Davis presented certificates of recognition to participants
Lt. Rob Young, Sgt. Chris Keil, Sgt. Francisco Hernandez, and Det. Alberto ;
Ramirez. y
r
c
1. Christian and Missionary Alliance Church honoring their 65th Anniversary
— Mayor R. Carey Davis and Council Member Benito Barrios
CW Mayor Davis and Council Member Barrios presented a proclamation honoring the
Church's 65 year anniversary to Pastor Alan Rosenberg. Representatives from
the offices of Assemblywoman Eloise Reyes, Assemblyman Marc Steinorth and
Senator Mike Morrell also presented certificates honoring the church.
2. Citizen of the Month — Danny Alcarez— Council Member John Valdivia y
Council Member Valdivia honored Danny Alcarez a citizen of the month.
Representatives from the offices of Assemblywoman Eloise Reyes,
Assemblyman Marc Steinorth and Senator Mike Morrell also presented of
certificates honoring Mr. Alcarez. N
a�
3. Student of the Month — Raziel Jordan, Pacific High School — Council d
Member Benito Barrios E
Council Member Barrios honored Pacific High School student Raziel Jordan as
the Student of the Month. Representatives from the offices of Assemblywoman a
Eloise Reyes, Assemblyman Marc Steinorth and Senator Mike Morrell also
presented certificates honoring him.
4. Manufacturing Day
Mayor Davis presented a proclamation naming October 6 2017 as Manufacturing
Day to Molly Burgess, Executive Director of the Manufacturer's Council. Also in
attendance were officials from Colt Beverage, based in San Bernardino.
5. Mt. Vernon Viaduct Bridge Project Update
Dennis Saylor of the San Bernardino County Transportation Agency, which has
taken the lead on the project, gave an update of the Mt. Vernon Bridge Project.
Mayor and City Council of the City of San Bernardino Page 3
Packet Pg. 50
9.b
Joint Regular Meeting Minutes September 20, 2017
6. Chamber of Commerce & Local Elected Officials Announcements
Lesley Stevens gave an update of Chamber activities, including the Rendezvous ma
Back to the Route event on October 7. Roxanna Gracia, of Assemblywoman
Reyes' office announced that the assemblywoman would be hosting a Civic
Engagement Workshop at San Bernardino Valley College Friday September 29t"
from 10am-noon.
Consent Calendar
Council Member Marquez pulled item 13, and Council Members Nickel and Valdivia
pulled items 1 and 15 for further discussion. The Mayor pulled items 12 and 14 for
abstention. The City Attorney pulled item 9 for clarification and the City Manager pulled
Item 11 for future consideration. The remaining items on Consent Calendar were voted
on in a single vote.
0
N
RESULT: ADOPTED [UNANIMOUS] N
L
MOVER: James Mulvihill, Council Member, Ward 7 E
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill N
d
7. Waive Full Reading of Resolutions and Ordinances ;
S
Approved
Motion: Waive full reading of resolutions and ordinances on the
agenda dated September 20, 2017.
RESULT: ADOPTED [UNANIMOUS] ai
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
E
0
8. City Council Approval of Commercial and Payroll Checks
Approved E
Motion: Approve the commercial and payroll checks for August 2017. E
r RESULT: ADOPTED [UNANIMOUS] a
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
9. City Council Approval of Draft Minutes
Approved
Motion: Approve the of the Mayor and City Council meeting of
September 6, 2017, with requested change to clarify that a
single fee cap increase from $50,000 to $75,000 covered the
outside council's legal fees for all of the marijuana lawsuits
Mayor and City Council of the City of San Bernardino Page 4
Packet Pg. 51
a
9.b
Joint Regular Meeting Minutes September 20, 2017
look
ala
against the city.
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
I AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
10. Jerry Lewis Pool Filtration Replacement
Approved
Motion: Adopt the resolution.
Reso 2017- 177 Resolution of the Mayor and City Council of San Bernardino, o
California, for the Jerry Lewis Family Swim Center Filtration N
Systems Replacement at Perris Hill Park, authorizing the N
City Manager to execute a Vendor Service Agreement with
Commercial Aquatics Services, Inc. E
d
t a
RESULT: ADOPTED [UNANIMOUS]
I ,
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
LO
11. Solar Powered Public Safety Camera System Trailers
This item was pulled by the City Manager and not considered.
i
12. On-Call Traffic Engineering Services Agreements with Minagar & y
Associates, Inc., Transtech Engineers, Inc. and Transportation Engineering
and Planning, Inc
Ei
Mayor Davis announced he had received campaign contribution from Transtech, N
would abstain from any discussion and left the dais.
Approved E
Motion: Adopt the resolution.
Reso 2017- 178 Resolution of the Mayor and City Council of the City of San a
Bernardino, California, approving Consultant Services
Agreements with the firms of Minagar & Associates, Inc.,
Transtech Engineers, Inc. and Transportation Engineering
and Planning, Inc. for On-Call Traffic Engineering Services.
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
Mayor and City Council of the City of San Bernardino Page 5
Packet Pg. 52
9.b
Joint Regular Meeting Minutes September 20, 2017
13. Installation of Debris Netting Under the Mt. Vernon Bridge at BNSF Rail
Yard
Approved
Motion: Adopt the resolution.
Reso 2017- 179 Resolution of the Mayor and City Council of the City of San
Bernardino, California, awarding a Contract to GMZ
Engineering Inc. for installation of debris netting under the
Mt. Vernon Bridge at the BNSF Rail Yard (Bridge No. 54C-
0066) per Plan No. 13154.
RE=SULT: ADOPTED [UNANIMOUS]
MOVER: Virginia Marquez, Council Member, Ward 1 N
SECONDER: John Valdivia, Council Member, Ward 3 N
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
E
CLd
Y
14. Fifth Amendment to the VSA with Quality Light and Electrical for Street
Light Repair Services
N
d
Mayor Davis announced he had received campaign contribution from Transtech,
would abstain from any discussion and left the dais.
Approved
Motion: Adopt the resolution.
Reso 2017- 180 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of a Fifth
Amendment to the Vendor Services Agreement with Quality 01
Light and Electrical for street light repair services to amend c
the Agreement to extend the term to January 31, 2018 and r-
issue a Change Order in the amount of $326,759.36 to o'
Service Agreement for FY 2016-17.
c
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
a
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
15. Agreement with Management Partners Inc. for Continuing Management
Consulting Assistance
Speaker
Karmel Roe
Approved
Motion: Adopt the resolution. 0
Reso 2017- 181 Resolution of the Mayor and City Council of the City of San
Mayor and City Council of the City of San Bernardino Page 6
Packet Pg. 53
9.b
Joint Regular Meeting Minutes September 20, 2017
Bernardino, California, authorizing the execution of an
Agreement and issuance of a purchase order to
Management Partners Inc., for services related to assisting
the City with implementation of organization improvements
and organizational assistance / analysis for the Public Works
Department and the City Attorney's Office as well as
continuing assistance with implementation of the plan of
adjustment.
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 b
NAYS: John Valdivia o
N
Public Hearings
CLw
16. Resolution of the Mayor and City of the City of San Bernardino Authorizing
the Submittal of the Fiscal Year (FY) 2016-2017 Consolidated Annual
Performance and Evaluation Report to the United States Department of
Housing and Urban Development (HUD)
City Clerk Hanna swore in those wishing to testify on the matter.
Speaker v
Karmel Roe, in support
Approved
Motion: Adopt the resolution.
y
Reso 2017- 182 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the submission of the E
Fiscal Year (FY) 2016-2017 Consolidated Annual Q1
Performance and Evaluation Report to the United States o
Department of Housing and Urban Development (HUD).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5 a
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
ABSENT: Virginia Marquez
Staff Reports
17. Citizens Advisory Committee — Marijuana Regulations
Speakers
Karmel Roe
Robert Porter
Mayor and City Council of the City of San Bernardino Page 7
Packet Pg. 54
9.b
Joint Regular Meeting Minutes September 20, 2017
William Ciocci
Approved
Motion: To form a Citizens Advisory group containing 9 members,
with each council member choosing one and the Mayor
choosing two members by the next council meeting (October
4), with representatives that are either San Bernardino
residents or San Bernardino business owners, and charge
them to make recommendations to the council about areas
not covered by Measure O, by Mid-December.
RESULT: ADOPTED [6 TO 0]
MOVER: Henry Nickel, Council Member, Ward 5 0
SECONDER: Fred Shorett, Council Member, Ward 4 N
0
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill N
ABSENT: Virginia Marquez
r
CL
18. Ad-Hoc Committee of the City Council
N
Approved
Motion: To form an Ad-Hoc Committee of the City Council to review,
discuss and provide recommendations to the Mayor and City
Council related to litigation involving the Water Department. '^
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
N
N
r-.
ABSENT: Virginia Marquez
0
N
19. Well Untapped Conference — August 11-12, 2017
r
c
d
The Mayor and City Council receive an oral report by Council Member Barrios
about the conference, where he was chosen as a fellow.
a
20. Oral Report by Council Member Mulvihill Regarding the SCAG Regional
Council Meeting
Council Member Mulvihill reported on the Southern California Association of
Governments Regional Council meeting and handed out a summary of selected
legislative issues from SCAG.
21. Rendezvous Back to Route 66 - 2017
Approved
Motion: Adopt the resolution.
Mayor and City Council of the City of San Bernardino Page 8
Packet Pg. 55
9.b
Joint Regular Meeting Minutes September 20, 2017
Reso 2017- 183 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or her
designee to execute an agreement between the City of San
Bernardino and San Bernardino Chamber of Commerce to
provide support services for Rendezvous Back to Route 66
2017 event.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Virginia Marquez, John Valdivia ti
T
O
N
22. Westlaw Online Legal Research Services Agreement for the City Attorney's N
Office
E
Approved w
CL
Motion: Adopt the resolution.
Reso 2017- 184 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Attorney to
execute an agreement with Thompson-West to provide on-
line legal research services (Westlaw) to the City Attorney's LO
Office and to authorize the issuance of a purchase order.
LO
RESULT: ADOPTED [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: James Mulvihill, Council Member, Ward 7 y
AYES: Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Virginia Marquez, John Valdivia
0
i
N
07
23. 2017 Bloomberg Mayors Challenge
Mayor Davis explained that the City had qualified for the Bloomberg Mayors E
Challenge and....
a
No vote was taken.
24. Public Comments on Items Not on the Agenda
Taylor Gene, San Bernardino, said she wants to see fewer homeless people and
help the unemployment rate go down.
Brady Boyette, San Bernardino, said he was here to support Taylor in her fight
against homeless. He said there is no place to go as a kid, without being
approached for money.
Robert Porter, San Bernardino, spoke about the Arrowhead.
Mayor and City Council of the City of San Bernardino Page 9
Packet Pg. 56
9.b
Joint Regular Meeting Minutes September 20, 2017
Karmel Roe, San Bernardino, said he has an issue with the high numbers of
homeless people and prostitutes in town.
Shirley Harlan, San Bernardino, spoke about the upcoming Senior Games and
asked the council to spread word about the event.
25. Announcements from Elected officials and Executive Staff
26. Items to be Referred to Council Committees
Nothing was referred to committee.
27. Adjournment N
0
N
The meeting adjourned at 10:25 pm
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 N
scheduled for 4:00 p.m., Wednesday, October 4, 2017, in the Council ;
Chamber located at 201 N. E Street, San Bernardino, California. Closed d
Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
r
7.
Georgeann "Gigi" Hanna, CMC
City Clerk r�
a�
i
d
r
c
E
0
N
07
c
d
E
s
Q
Mayor and City Council of the City of San Bernardino Page 10
Packet Pg. 57