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HomeMy WebLinkAbout08- Agenda a NAR City Council Memorandum 0 EDI cy °�� Date: April 3, 2017 To: Honorable Mayor and City Council Members From: Mark Scott, City Manager By: Georgeann "Gigi" Hanna, City Clerk John Paul Maier, Chief Deputy City Clerk Subject: Amendments to Agenda Item 8 It has come to staff's attention to address one edit to Item 8: City Council Draft Minutes for the City Council Meeting of March 20, 2017. The correction is on packet page 15 in the agenda packet, in reference to a statement provided by City Attorney Gary Saenz after the roll call. The correction is highlighted below: 1. City Attorney Gary Saenz stated with reference to two (2) of the three (3) items listed under Closed Session 8 - Significant Exposure to Litigation, the two items are related to the February 13, 2017, letter to President Trump signed by the Mayor and City Council. The amended Minutes are included as an attachment to this memorandum. Please feel free to be in touch with the City Clerk Gigi Hanna (hanna qi(&-sbcity.orq) or Chief Deputy City Clerk John Maier (maier io(Wsbcit�org) should you have any questions. VNAk t ,,, City of San Bernardino Mayor R. Carey Davis Council Members " 300 North "D" Street Virginia Marquez San Bernardino CA 92418 Benito Barrios John Valdivia http://www.sbcity.org Fred Shorett Henry Nickel Bessine Richard MINUTES Jim Mulvihill 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 SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY MONDAY, MARCH 20, 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 2:06 p.m., Monday, March 20, 2017, in the Council Chamber, 300 North "D" Street (Lobby), San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Absent ---- Benito J. Barrios Council Member Ward 2 Present 2:00 p.m. John Valdivia Council Member, Ward 3 Present 2:48 p m Fred Shorett Council Member, Ward 4 Present 2:00 p.m. HenryNickel Council Member, Ward 5 Present 2:00 p.m. Bessine L Richard i 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 4:00 p.m. Gary D. Saenz City Attorney Present 2:00 p.m. Andrea Miller Assistant City Manager Present 2:00 p.m. Mayor and City Council of the City of San Bernardino Page 1 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 City Attorney Gary Saenz stated with reference to two (2) of the three (3) items listed under Closed Session B - Significant Exposure to Litigation, the two items are related to the February 13, 2017, letter to President Trump signed by the Mayor and City Council. Closed Session B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): it Three (3) Items C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City of San Bernardino v. Wing Ng One (1) Item D. PERSONNEL— Pursuant to Government Code Section 54957(b): City Manager Reading of Resolutions and Ordinances City Clerk Gigi Hanna read into the record the titles of all the resolutions and ordinances on the agenda for March'20, 2017. Invocation/Pledge of Allegiance Pastor Tracy Johnson, of Immanuel Baptist Church, led the invocation. The Pledge of Allegiance was given by Amaranta Banuelos, a 5t" grade student at Dr. Mildred Dalton Henry Elementary School. 2. Closed Session Report City Attorney Gary Saenz reported the following actions occurred in Closed Session: Under Agenda Item No. 1B, Significant Exposure to Litigation: Council gave directive regarding exposure to litigation alleging Brown Act violations, that was by consensus, with Council Member Marquez absent. Under Agenda Item No. 1 C, Anticipated Litigation, Initiation of Litigation.- In itigation.In the matter of City v. Wing Ng, the City Council gave settlement directive by a vote of 6-0, with Council Member Marquez absent. In the matter of One (1) Item: Mayor and City Council - by a vote of 5-0 with Council Members Valdivia and Marquez absent— has given direction to initiate litigation. The action, defendants, and other particulars shall, once formally commenced, be disclosed to any Mayor and City Council of the City of San Bernardino Page 2 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service or the ability to conclude settlement negotiations. Under Agenda Item No. ID, Personnel.- In ersonnel:In the matter of City Manager, Mayor and Council completed the performance evaluation of the City Manager. Presentations 1. Special Recognition to Mr. Taylor Rohm — Mayor R. Carey Davis Mayor Davis presented a proclamation honoring Mr. Rohm for his professional and personal achievements. Mr. Rohm also received a certificate from Assemblyman Marc Steinorth's office. 2. Special Recognition to the Quality of Life Team — Winner of the Inland Empire Economic Partnership and JPMorgan Chase's Turning Red Tape into Red Carpet Award for their Public/Private Partnership Category — Mayor R. Carey Davis Mayor Davis presented proclamations to the Quality of Life team and congratulated them for their recent recognition within the Inland Empire for their efforts to clean up San Bernardino. 3. Certificates of Recognition — SBPD Explorers — Mayor R. Carey Davis Mayor Davis honored the San Bernardino Police Department Explorers for their achievements. 4. Student of the Month — Victor Espinoza-Serrano, Indian Springs High School — Council Member Mulvihill for Council Member Virginia Marquez Council member Mulvihill honored Mr. Espinoza-Serrano for his academic achievements, including his 4.7 grade point average. Mr. Espinoza-Serano also received certificates from Assemblyman Marc Steinorth's office. 5. Resolution — Annual Cesar Chavez Memorial — Council Member John Valdivia Council Member Valdivia, on behalf of Council Member Marquez, presented a resolution to George and Patricia Aguilar, of the Chicano Latino Caucus, honoring Friday, March 31, 2017, as Cesar Chavez Day. 6. Citizen(s) of the Month: 011ie McDonald Senior Talent Showcase Performers — Council Member Fred Shorett Council Member Shorett, on behalf of Council Member Marquez, presented Citizen of the Month certificates to the 011ie McDonald Senior Talent Showcase performers. 7. Chamber of Commerce & Local Elected Officials Announcements Jack Avakian announced the upcoming Chamber of Commerce events. Mayor and City Council of the City of San Bernardino Page 3 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 APPOINTMENTS 8. Appointment of Edgar Motta to the Parks and Recreation Commission — Council Member Richard Approved Motion: Appoint Mr. Motta to the Parks and Recreation Commission .......­­­­­­ RESULT: _ .RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 9. Appointment of Carlos Gomez to the Parks and Recreation Commission — Council Member Jim Mulvihill for Council Member Virginia Marquez Approved Motion: Appoint Mr. Gomez to the Parks and Recreation Commission. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Consent Calendar Council members pulled the following items from Consent Calendar for further discussion: Item 14 (pulled by Richard), Items 15 and 16 (pulled by Nickel). RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Mayor and City Council of the City of San Bernardino Page 4 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 10. City Clerk Waive Full Reading of Resolutions and Ordinances on the agenda dated March 20, 2017. Approved Motion: Waive Full Reading of Resolutions and Ordinances on the agenda dated March 20, 2017. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 11. City Clerk Minutes for March 6, 2017 and March 14, 2017 Approved Motion: Approve the minutes of the Mayor and City Council meeting of March 6, 2017, and March 20, 2017, as submitted. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 12. Finance Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for March 2017. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Mayor and City Council of the City of San Bernardino Page 5 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 13. Human Resources Coordinator of Volunteers Job Description and Classification Speaker Shirley Harlan Approved Motion: Adopt the resolution. Reso. 2017-44 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and job description for the Coordinator of Volunteers (Grant Funded) and deleting the classifications of Coordinator of Volunteers to the Senior Companion Program (SCP) and deleting the classification of Coordinator of Volunteers to the Retired and Senior Volunteer Program (RSVP). RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 14. Parks and Recreation Nunez Pool Filtration Replacement Project Approved Motion: Adopt the resolution. Reso. 2017-45 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a contract between the City of San Bernardino and California Waters Development Inc. for the Nunez Park Pool Filtration Replacement Project. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Mayor and City Council of the City of San Bernardino Page 6 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 15. Public Works Measure 1 (2010-2040) Valley Major Street Program - Five-Year Capital Project Needs Analysis (2017-2022) Speaker Juan Ramirez Approved Motion: Adopt the resolution. Reso. 2017-46 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Five- Year Capital Project Needs Analysis (2017-2022) for Measure 12010-2040 Valley Major Street Program. ..... ....... RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 16. Public Works Five-Year Measure I Capital Improvement Program (FY2016-2021)and Expenditure Strategy Speaker Juan Ramirez Approved Motion: Adopt the resolution. Reso. 2017-47 Adopt a Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Improvement Program (FY 2016- 2021) for Measure I Local Expenditures and Expenditure Strategy. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Mayor and City Council of the City of San Bernardino Page 7 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 17. Community Development Professional Services Agreement with Keyser Marston Associates Approved Motion: Adopt the resolution. Reso. 2017-48: Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the Execution of a Professional Services Agreement with Keyser Marston Associates, Inc. for negotiation services in an amount not to exceed $55,000 for the Carousel Mall Project. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 18. Police Department Purchase of Bullet Proof Vests for Police Personnel Approved Motion: Adopt the resolution. Reso. 2017-49: Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the increase the FY 2016/17 Purchase Order issued to Adamson Police Products by $150,000 for the Purchase of Ballistic Vests; with Three One-Year Renewal Options. ......... ......... .. ......._ RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 11.11 . 11"1 1­11.111....................................... Mayor and City Council of the City of San Bernardino Page 8 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 PUBLIC HEARING 19. Public Works Refuse Accounts Liens Approved Motion: Adopt the resolution. Reso. 2017-50: Resolution of the Mayor and City Council of the City of San Bernardino, California, Making Determinations and Confirming Assessments and Proceedings for Unpaid Solid Waste Collection Services. RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Staff Reports 20. City Manager Reallocation of Community Development Block Grant Public Service Funds Approved Motion: Adopt the resolution. Reso. 2017-51: Resolution of the Mayor and City Council of the City of San Bernardino, California, Reallocating Community Development Block Grant Public Service Funds to Fair Housing and Capital Improvement Activities for a Period of Five Years. ....... ......... ......... RESULT: ADOPTED [6-0] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Benito Barrios, Council Member, Ward 2 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez ...... 111---.-..... ..... ......................... . .. ....... ..... Mayor and City Council of the City of San Bernardino Page 9 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 21. City Manager Military Banner Purchase Order Speaker Robert Porter Approved Motion: Adopt the resolution. Reso. 2017-52: Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the Director of Finance to Increase Existing Purchase Order 2017-00000742 to Out of the Box Printing/R81 From the Amount of $5,000 to $10,000 for Military Banners. RESULT: ADOPTED [6-0] k MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 22. City Manager Election of Mayor Pro Tempore Approved Motion: Extend the term of the current Mayor Pro Tempore until the Ordinance concerning this under the new Charter takes effect. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT Marquez 23. Successor Agency Approved Motion: Adopt the resolutions. Reso. 2017-53 Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving the Purchase and Sale Agreement Between the City of San Bernardino and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with Respect to 280 South "E" Street, San Mayor and City Council of the City of San Bernardino Page 10 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 (Item 23 Cont.) Bernardino, California (APN 0136-11-26), and Approving Certain Related Actions; and Reso. 2017-54 Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Purchase and Sale Agreement Between the City of San Bernardino and the Successor Agency to the Redevelopment Agency of the City of San Bernardino with Respect to 280 South "E" Street, San Bernardino, California (APN 0136-11-26), and Approving Certain Related Actions. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez 24. Successor Agency Council Member Valdivia recused himself, stating he has business with Mr. Friedman. Approved Motion: Adopt the resolution. Reso. 2017-55 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 David Friedman with Respect to the Real Property Located at 385 North "E" Street. San Bernardino, California (APN 0134-241-64), and Approving Certain Related Actions ...... ....._.. ....................... RESULT: ADOPTED [5-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez ABSTAIN: Valdivia Mayor and City Council of the City of San Bernardino Page 11 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 25. City Manager After some discussion the Council agreed to take up ordinances pertaining to amending Municipal Code Chapters 1.08 and 2.02, and Section 2.01.010, separately from the one regarding meeting times. Approved Motions: 1. Introduce for first reading an Ordinance amending portions of Chapter 1.08 of the City of San Bernardino Municipal Code relating to ordinances and resolutions to implement the provisions of the newly adopted Charter; 2. Introduce for first reading an Ordinance repealing and replacing Chapter 2.02 regarding the position of City Manager; 3. Introduce for first reading an Ordinance repealing and replacing Section 2.01.010 of the Municipal Code regarding the Mayor Pro Tempore to conform to the City's Charter; 5. Ratify the appointment of Mark Scott as City Manager pursuant to provisions of the Charter approved by voters on November 8, 2016. RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Marquez Approved Motion: 4. Introduce for first reading an Ordinance repealing and replacing Municipal Code Chapter 2.58 regarding meetings. The City Council discussed and proposed meeting on the second and fourth Tuesdays of the month, with Closed Session starting at 5:30 p.m. and Open Session at 6:30 p.m. Mayor and City Council of the City of San Bernardino Page 12 Printed 3/21/2017 Regular Meeting DRAFT Minutes March 20, 2017 RESULT: ADOPTED [3-3]- MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Valdivia, Nickel, Richard, Mayor Davis NAYS: Barrios, Shorett, Mulvihill ABSENT: Marquez * Mayor vetoed the 3-3 tie, and the item passed. 26. Public Comments for Items Not on the Agenda Jason Desjardins, San Bernardino, thanked the City Council for its decision on Item 20. He said he feels vindicated and that the City is going in the right direction. Anthony Fernandez, representing a coalition of citizens who spoke at the last meeting regarding the letter to President Trump, said he was at the meeting to remind the Mayor and City Council of their request for a town hall meeting to discuss solutions to problems addressed in the letter. They are currently proposing Thursday, April 27, from 5:30 p.m. to 8:30 p.m., but no venue has been chosen. Jay Lindberg, San Bernardino, read a poem about hemp to the Mayor and City Council and spoke about the failed war on drugs. Robert Porter, San Bernardino, said the I Love San Bernardino Facebook page has 40,000 members. 27. Items to be referred to Council Committees No items were referred to Council Committees. 28. Announcements by Mayor, City Council and Executive Staff 29. Adjournment The meeting adjourned at 6:26 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 is scheduled for 2:00 p.m., Monday, April 3, 2017. By: Georgeann "Gigi" Hanna, CMC City Clerk Mayor and City Council of the City of San Bernardino Page 13 Printed 3/21/2017