HomeMy WebLinkAbout01-09-2017 MCC Minutes 4� NARn, City of San Bernardino
Mayor R. Carey Davis
300 North "D" Street Council Members
- San Bernardino, CA 92418 Virginia Marquez
Benito Barrios
http,//www.sbcity.org John Valdivia
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
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
MONDAY, JANUARY 9, 2017
COUNCIL CHAMBER
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 2:00 p.m., Monday, January 9, 2017, in the Council
Chamber, 300 North "D" Street (Lobby), San Bernardino, CA.
Roll Call
Attendee Name ON ll-Status Arrived
Virginia Marquez Council Member, Ward 1 Present 2:00 P.M.
Benito J. Barrios Council Member, Ward 2 Present 2:00 p.m.
John Valdivia Council Member, Ward 3 Absent ----
Fred Shorett Council Member, Ward 4 Present 2:00 p.m.
Henry Nickel Council Member, Ward 5 Present 2:00 p.m.
Bessine L. Richard Council Member, Ward 6 Present 2:00 p.m.
James Mulvihill Council Member, Ward 7 Present 2:00 p.m.
R. Carey Davis Mayor Present 2:00 P.M.
Georgeann "Gigi" Hanna City Clerk Present 2:00 p.m.
Gary D. Saenz City Attorney Present 2:00 p.m.
Mark Scott City Manager Present 2:00 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
1. 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;
Demetric Battle v. City of San Bernardino — WCAB Case Nos.
ADJ9194217, ADJ8707098, ADJ9184316, ADJ9188052, ADJ7668234
and ADJ3292956-1
James Wrysinski, Paula Robbins, Plaintiffs v. Carlos Vargas Meza, City of
San Bernardino, and Does 1 to 50— San Bernardino Superior Court, Case
No. CIVDS1311254
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to Government Code Section
54956.9(d)(2).
Curtis Shaw v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to Government Code Section 54956.9(d)(4).
City v. Wells Fargo
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government
Code Section 54956.8.
Reading of Resolutions and Ordinances
Deputy City Clerk Valerie Montoya read into the record the titles of all the resolutions
and ordinances on the agenda.
Invocation/Pledge of Allegiance
The invocation and Pledge of Allegiance were given by Salvation Army Major Daniel
Henderson.
Mayor and Common Council of the City of San Bernardino Page 2 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation.-
In
itigation:In the matter of Demetric Battle v. City of San Bernardino, the Council
gave settlement direction by a vote of 6-0, with Council Member Valdivia
absent;
In the matter of James Wrysinski, Paula Robbins, Plaintiffs v. Carlos
Vargas Meza, City of San Bernardino, and Does 1 to 50, the Council gave
settlement direction by a vote of 6-0, with Council Member Valdivia
absent.
Under Agenda Item No. 1B, anticipated litigation, significant exposure to
litigation.-
In
itigation:In the matter of Curtis Shaw v. City of San Bernardino, the Council gave
settlement direction by a vote of 6-0, with Council Member Valdivia
absent.
Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation:
In the matter of City v. Wells Fargo, the Council gave direction by vote of
6-0, with Council Member Valdivia absent.
3. City Council Appointments
The Council appointment of Mr. William Cioci to the Fine Arts Commission was
pulled by the Mayor and not considered.
4. Presentations
4A. Chamber of Commerce & Local Elected Officials Announcements
Chamber representative Lesley Stevens announced upcoming Chamber of
Commerce events and activities.
5. Consent Calendar
Agenda Item 5D was pulled from the Consent Calendar and not considered.
Council Member Marquez pulled Agenda Items 5H and 5N for discussion.
Council Member Nickel pulled Agenda Items 51, 5J, and 5L, for further
discussion.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances.
Approved
Motion: Waive full reading of resolutions and ordinances on the agenda
dated January 9, 2017.
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5B. City Clerk
Council Minutes -- December 19, 2016.
Approved
Motion: Approve the minutes of the Mayor and Common Council
meeting of the December 19, 2016, as submitted.
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5C. Civil Service
Classified Personnel Actions
Approved
Motion: Approve the classified personnel actions, as submitted by the Chief
Examiner, in accordance with Civil Service rules and Personnel
policies adopted by the Mayor and City Council of the City of San
Bernardino.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5D. Human Resources
Personnel Actions - Unclassified
This item was pulled from the agenda by City Manager Scott and not considered.
5E. Successor Agency
Purchase and Sale Agreement and Joint Escrow Instructions between E. Cooley
Avenue Industrial Property.
Approved
Motion: Adopt a Resolution, in the capacity as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino, approving
the Purchase and Sale Agreement and Joint Escrow Instructions
between the Successor Agency and Cooley Properties, L.P. with
respect to two vacant parcels located along Cooley Avenue, San
Bernardino, California (APNs 0281-031-52 and 0281-021-30), and
approving certain related actions.
RES. 2017-01 — Resolution of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino Approving
the Purchase and Sale Agreement and Joint Escrow Instructions
Between the Successor Agency to the Redevelopment Agency of
the City of San Bernardino and Cooley Properties, L.P., with
respect to Two Vacant Parcels Located along Cooley Avenue, San
Bernardino, California (APNs 0281-031-52 and 0181-021-30) and
Approving Certain Related Actions.
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5F. Police Department
Emergency Management Performance Grant Allocation
Public Comments:
James Smith, San Bernardino
Mayor and Common Council of the City of San Bernardino Page 5 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
Approved
Motion: Adopt a Resolution of the Mayor and City Council of the City of San
Bernardino authorizing the receipt, obligation and appropriation of
the FY16 Emergency Management Performance Grant Allocation
and Issuance of a purchase order to Mallory Safety Equipment and
Supply LLC.
RES. 2017-02 — Resolution of the Mayor and City Council of the
City of San Bernardino Authorizing the Receipt, Obligation, and
Appropriation of the FY16 Emergency Management Performance
Grant Allocation and Issuance of a Purchase Order to Mallory
Safety and Supply LLC.
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5G. Finance
Check Register Approval
Approved
Motion: Approve the commercial and payroll checks for December 2016
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5H. Public Works
Proposed Street Vacation of Portions of Home Avenue, "I" Street, and
Montgomery Street
Approved
Motion: Authorize City staff to proceed with the investigation of the request
to vacate portions of Home Avenue, "I" Street, and Montgomery
Street for Plan No. 13099.
RESULT: ADOPTED [6-0]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
Mayor and Common Council of the City of San Bernardino Page 6 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
51. Public Works
Proposed Street Vacation of Portions of Genevieve Street
Approved
Motion: Authorize city staff to proceed with the investigation of the request
to vacate a portion of Genevieve Street for Plan No. 13102.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5J. Public Works
Proposed Street Vacation of Portions of Century Avenue Between Showcase
Drive and Camino Real
Approved
Motion: Authorize City staff to proceed with the investigation of the request
to vacate Century Avenue for Plan No. 13093.
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5K. Public Works
9th Street and Sierra Way Signal Upgrade
Approved
Motion: Adopt the Resolution of the Mayor and City Council of the City of
San Bernardino Authorizing the City Manager to Execute a
Contract with DBX, Inc., for 9th Street and Sierra Way Signal
Upgrade [Highway Safety Improvement Program HSIPL-
5033(050), Advantage Project ID 0812000003, Per Plan No. 12810
(TC12-001].
RES. 2017-03 — Resolution of the Mayor and City Council of the
City of San Bernardino Authorizing the City Manager to Execute a
Contract with DBX, Inc., for 9th Street and Sierra Way Signal
Upgrade, Highway Safety Improvement Program HSIPL-5033(050),
Advantage Project ID 0812000003, Per Plan No. 12810 (TC12-
001).
Mayor and Common Council of the City of San Bernardino Page 7 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5L. Public Works
9th Street and Arrowhead Avenue Signal Upgrade
Approved
Motion: Adopt a Resolution of the Mayor and City Council of the City of San
Bernardino Authorizing the City Manager to Execute a Contract to
DBX, Inc., for 9th Street and Arrowhead Avenue Signal Upgrade,
Highway Safety Improvement Program [HSIPL-5033(051),
Advantage Project ID 0812000004, Per Plan No. 12811 (TC12-
002].
RES. 2017-04 — Resolution of the Mayor and City Council of the
City of San Bernardino Authorizing the City Manager to Execute a
Contract with DBX, Inc., for 9th Street and Arrowhead Avenue
Signal Upgrade, Highway Safety Improvement Program HSIPL-
5033(051), ADV Project ID 0812000004, Per Plan No. 12811
(TC12-002).
RESULT: ADOPTED [6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5M. Public Works
Street Widening Project for 40th Street from Johnson Street to Electric Avenue
Approved
Motion: Adopt the Resolution of the Mayor and City Council of the City of
San Bernardino Authorizing the Execution of an Agreement for
Professional Engineering Services with Engineering Resources of
Southern California, Inc. to Provide Environmental and Civil
Engineering Design Services for the Widening of 40th Street from
Johnson Street to Electric Avenue.
RES. 2017-05 — Resolution of the Mayor and City Council of the
City of San Bernardino Authorizing the City Manager to Execute an
Agreement for Professional Engineering Services with Engineering
Resources of Southern California, Inc. to Provide Environmental
and Civil Engineering Design Services for the Widening of 40th
Street from Johnson Street to Electric Avenue (SSO4-014).
Mayor and Common Council of the City of San Bernardino Page 8 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
5N. Community Development
Waterman Baseline Neighborhood Transformation Specific Plan
Approved
Motion: Accept for final reading and adopt an Ordinance approving the
Waterman Baseline Neighborhood Transformation Specific Plant
(SP 15-01) (Attachment 1).
ORD. MC-1437 — Ordinance of the Mayor and City Council of the
City of San Bernardino Approving Specific Plan 15-01 to Change
the General Plan Land Use Designations and Zoning Districts of an
Area Containing Approximately 710 Acres to the Waterman +
Baseline Neighborhood Transformation Specific Plan. (Final
Reading)
RESULT: ADOPTED [6-0]
MOVER: Virginia Marquez, Council Member, Ward 1
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
6. Staff Reports
6A. Parks and Recreation
Naming the Bryce Edward Hanes Park and Jon Cole Skate Park
Approved
Motion: Adopt Resolution of the Mayor and City Council of the City of San
Bernardino, California, naming the new 2.5 acre public park at E
Street and 9th Street the Bryce Edward Hanes Park and naming the
Skate Park Amenity within the Park as the Jon Cole Skate Park.
RES. 2017-06 — Resolution of the Mayor and City Council of the
City of San Bernardino Naming the New 2.5 Acre Public Park at E
Street and 9th Street the Bryce Edward Hanes Park and Naming the
Skate Park Amenity Within the Park as the Jon Cole Skate Park.
Mayor and Common Council of the City of San Bernardino Page 9 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
6B. Water
Annual Financial Report of the Water Department's Water and Sewer Utilities
The report was received.
6C. Community Development
Second Annual Art Night
Approved
Motion: Adopt a Resolution of the Mayor and City Council of the City of San
Bernardino, California approving the Second Annual Art Night on
April 21 and 22, 2017, to be held at Court Street Square and
Carousel Mall as a City-sponsored Special Event.
RES. 2017-07 - Resolution of the Mayor and City Council of the
City of San Bernardino, California, Approving the Second Annual
Art Night 2017, to be held on April 21 and 22, 2017, at the Court
Street Square and Carousel Mall as a City Sponsored Special
Event.
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
6D. City Attorney
Professional Services Agreement with Cota Cole LLP for Legal Services Related
to Receiverships
Approved
Motion: Adopt the Resolution of the Mayor and City Council authorizing the
City Manager to execute a Professional Services Agreement with
Cota Cole LLP for legal services related to receiverships.
RES. 2017-08 - Resolution of the Mayor and City Council of the
City of San Bernardino Authorizing the City Manager to Execute a
Professional Services Agreement with Cota Cole LLP for Legal
Services Related to Receiverships.
Mayor and Common Council of the City of San Bernardino Page 10 Printed 1/10/2017
Joint Regular Meeting Minutes January 9, 2017
RESULT: ADOPTED [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
ABSENT: Valdivia
7. Public Comments on Items Not on the Agenda
Robert Porter, San Bernardino, wished the City Council a Happy New Year and
asked that the Mayor reconsider the appointment of William Cioci to the Fine Arts
Commission for future consideration.
8. Items to be Referred to Council Committees
No items were referred to committees.
9. Announcements by Mayor, Council and Executive Staff
10. Adjournment
The meeting adjourned at 5:05 p.m. 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 2:00 p.m.,
Monday, January 23, 2017.
George n "GigC Fianna, CMC
City Clerk
Mayor and Common Council of the City of San Bernardino Page 11 Printed 1/10/2017