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HomeMy WebLinkAbout05.B- City Clerk 5.B.a AR City of San Bernardino r Mayor R. Carey Davis 300 North "D" Street Council Members v San Bernardino, CA 92418 Virginia Marquez Benito Barrios http://www.sbcity.org John Valdivia Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 0 DRAFT MINUTES N a) 0 JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL o OF THE CITY OF SAN BERNARDINO v, a� 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 o AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY M AND v MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING L AS THE HOUSING AUTHORITY o i a� 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 U Attendee Name Title Status Arrived a 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. e®m s Gary D. SaenzCity 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 Packet Pg. 8 5.B.a Joint Regular Meeting Draft 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; James Wrysinski, Paula Robbins, Plaintiffs v. Carlos Vargas Meza, City of N San Bernardino, and Does 1 to 50 — San Bernardino Superior Court, Case o No. CIVDS1311254 0 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 0 C. Conference with legal counsel - anticipated litigation - initiation of co litigation - pursuant to Government Code Section 54956.9(d)(4). City v. Wells Fargo D. Closed Session - personnel - pursuant to Government Code Section of 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. E F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. Q 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 Packet Pg. 9 S.B.a Joint Regular Meeting Draft Minutes January 9, 2017 2. Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 1A, existing litigation: 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 o absent. N 0 Under Agenda Item No. 1B, anticipated litigation, significant exposure to 0 litigation: 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. 0 U Under Agenda Item No. 1 C, anticipated litigation, initiation of litigation: M In the matter of City v. Wells Fargo, the Council gave direction by vote of 6-0, with Council Member Valdivia absent. L 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. a 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 Packet Pg. 10 Joint Regular Meeting Draft 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. r O RESULT: ADOPTED [6-0] 0 MOVER: Jim Mulvihill, Council Member, Ward 7 0 SECONDER: Fred Shorett, Council Member, Ward 4 y AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill i ABSENT: Valdivia 5B. City Clerk o Council Minutes - December 19, 2016 T Approved co 14=W Motion: Approve the minutes of the Mayor and Common Council meeting of the December 19, 2016, as submitted. L 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 C6 ABSENT: Valdivia y E 5C. Civil Service Classified Personnel Actions a 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 Packet Pg. 11 5.B.a Joint Regular Meeting Draft 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 N Avenue Industrial Property. o 0 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 o' respect to two vacant parcels located along Cooley Avenue, San Bernardino, California (APNs 0281-031-52 and 0281-021-30), and M approving certain related actions. co RES. 2017-01 — Resolution of the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving o 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] E MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 a 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 Packet Pg. 12 5.B.a Joint Regular Meeting Draft 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] I MOVER: Jim Mulvihill, Council Member, Ward 7 N am SECONDER: Fred Shorett, Council Member, Ward 4 q AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill 0 ABSENT: Valdivia 5G. Finance — Check Register Approval 0 U Approved Motion: Approve the commercial and payroll checks for December 2016 00 ....... RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 0 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Valdivia T 5H. Public Works Proposed Street Vacation of Portions of Home Avenue, "I" Street, and Montgomery Street s U f0 Approved a 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 Packet Pg. 13 S.B.a Joint Regular Meeting Draft 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 0 N (n 0 5J. Public Works 0 Proposed Street Vacation of Portions of Century Avenue Between Showcase N Drive and Camino Real c Approved Motion: Authorize City staff to proceed with the investigation of the request U to vacate a portion of Genevieve Street for Plan No. 13102. o U RESULT: ADOPTED [6-0] 00 MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill i ABSENT: Valdivia 5K. Public Works r 9th Street and Sierra Way Signal Upgrade Approved Motion: Adopt the Resolution of the Mayor and City Council of the City of E San Bernardino Authorizing the City Manager to Execute a Contract with DBX, Inc., for 9th Street and Sierra Way Signal Q Upgrade [Highway Safety Improvement Program HSIPL- 5033(050), Advantage Project ID 0812000003, Per Plan No. 12810 (TC 12-001]. 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 9t" 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 Packet Pg. 14 5.B.a Joint Regular Meeting Draft 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 0 DBX, Inc., for 9th Street and Arrowhead Avenue Signal Upgrade, N Highway Safety Improvement Program [HSIPL-5033(051), o Advantage Project ID 0812000004, Per Plan No. 12811 (TC12- T- 0021.002]. ' a� RES. 2017-04 — Resolution of the Mayor and City Council of the 5 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- 0 5033(051), ADV Project ID 0812000004, Per Plan No. 12811 (TC12-002). co RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 0� 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 y Motion: Adopt the Resolution of the Mayor and City Council of the City of Q 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 (SS04-014). Mayor and Common Council of the City of San Bernardino Page 8 Packet Pg. 15 5.B.a Joint Regular Meeting Draft 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). N rn 0 ORD. MC-1437 — Ordinance of the Mayor and City Council of the o City of San Bernardino Approving Specific Plan 15-01 to Change y 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) 0 RESULT: ADOPTED [6-0] � MOVER: Virginia Marquez, Council Member, Ward 1 00V 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 E Approved Motion: Adopt Resolution of the Mayor and City Council of the City of San y Bernardino, California, naming the New 2.5 Acre Public Park at E a Street and 9t" 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 9t" 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 Packet Pg. 16 5.B.a Joint Regular Meeting Draft Minutes January 9, 2017 RESULT: ADOPTED [6-0] (W 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 and filed. 6C. Community Development Second Annual Art Night N rn 0 Approved o 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. — c 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 Courtco Street Square and Carousel Mall as a City Sponsored Special Event. L 0 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 Ch ABSENT: Valdivia ; c E 6D. City Attorney Professional Services Agreement with Cota Cole LLP for Legal Services Related a 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 Packet Pg.17 5.B.a Joint Regular Meeting Draft 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. �o T 8. Items to be Referred to Council Committees No items were referred to committees. o T 0 9. Announcements by Mayor, Council and Executive Staff 3 C 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. co By: Georgeann "Gigi" Hanna, CMC o City Clerk E U fC Q Mayor and Common Council of the City of San Bernardino Page 11 Packet Pg. 18