HomeMy WebLinkAbout01-23-2017 MCC MinutesCity 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
MINUTES
Fred Shorett
Henry Nickel
Bessine L. Richard
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
AND
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
MONDAY, JANUARY 23, 2017
EDA BOARDROOM
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, January 23, 2017, in the EDA
Board Room, 201 N "E" Street, San Bernardino, CA.
Roll Call
Attendee Name
Title
Status
Arrived
Virginia Marquez
Council Member, Ward 1
Present
2:06 p.m.
Benito J. Barrios
Council Member, Ward 2
Present
2:06 p.m.
John Valdivia
Council Member, Ward 3
Present
2:26 p.m.
Fred Shorett
Council Member, Ward 4
Present
2:06 p.m.
Henry Nickel
Council Member, Ward 5
Present
2:06 p.m.
Bessine L. Richard
Council Member, Ward 6
Present
2:06 p.m.
James Mulvihill
Council Member, Ward 7
Present
2:06 p.m.
R. Carey Davis
Mayor
Present
2:06 p.m.
Georgeann "Gigi" Hanna
City Clerk
Present
2:06 p.m.
Gary D. Saenz
City Attorney
Present
2:06 p.m.
Mark Scott
City Manager
Present
2:06 p.m.
Mayor and Common Council of the City of San Bernardino Page 1 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 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
State of California, Regents of the University of CA, ex rel. OnTheGo
Wireless v. Cello Partnership, et al., Sacramento Superior Court Case No.
34-2012-00127517
Bank of New York Mellon v. City of San Bernardino, et al., United States
District Court Case No. 16-CV-01791—JGB-SP
B. Conference with legal counsel — anticipated litigation initiation of
litigation — pursuant to Government Code Section 54956.9(d)(4):
City v. Group IX BP Properties LP
Public Comments:
Daljit Kier, EI Monte
Grayce Long, San Bernardino
Jesse Carrillo, EI Monte
Sherri Wilson, EI Monte
C. Closed Session — personnel — pursuant to government code section
54957(b):
City Manager
2. Closed Session Report
City Attorney Gary Saenz reported the following action:
Under Agenda Item No. 1A, existing litigation:
In the matter of City of San Bernardino, U. S. Bankruptcy Case No. 6:12-
bk-28006 MJ, the Council gave settlement direction by a vote of 7-0.
Chief Assistant City Attorney Jolena Grider reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of State of California, Regents of the University of CA, ex
rel. OnTheGo Wireless v. Cello Partnership, et al., Sacramento
Superior Court Case No. 34-2012-00127517, the Council gave settlement
direction by a vote of 7-0;
Mayor and Common Council of the City of San Bernardino Page 2 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
In the matter of Bank of New York Mellon v. City of San Bernardino, et
al., United States District Court Case No. 16-CV-01791—JGB-SP, the
Council gave settlement direction by a vote of'7-0.
Under Agenda Item No. 1B. anticipated litigation, significant exposure to
litigation:
In the matter of City v. Group IX BP Properties LP, the Council gave
settlement direction by a vote of 7-0.
Under Agenda Item No. 1 C, Closed Session — personnel:
In the matter of the City Manager, the Council gave direction by a vote of
7-0.
3. City Council Appointments
There were no Council appointments at this meeting.
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 Pastor Jim Newell from First
Baptist Church of San Bernardino.
4. PRESENTATIONS
4A. Proclamation Declaring January as National Mentoring Month — Mayor R.
Carey Davis
Mayor Davis read a proclamation declaring January as National Mentoring Month
in the City of San Bernardino.
4B. Certificate of Recognition — Lutheran Church of Our Savior 50th
Anniversary — Council Member Shorett
Council Member Shorett presented a Certificate of Recognition to Pastor Scottie
R. Lloyd of LCOS.
4C. Student of the Month — Sabrina Velarde, Arroyo Valley High School -
Council Member Richard
Council Member Richard introduced Ms. Velarde and presented her with a
certificate honoring her as Student of the Month.
4D. Citizen of the Month — Jesse Carrillo - Council Member Barrios
Council Member Barrios presented a certificate to Mr. Carrillo honoring him as
Citizen of the Month. Mr. Carrillo spoke about his commitment to the community
and asked others to join him.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
4E. SB International Airport Update - Mike Burrows, Executive Director -
Council Member Marquez
Mr. Burrows provided an update on activities at the airport, including the 2017
World Trade Expo and the 2017 SBD Fest 2017 (October 20 and 21).
4F. Bankruptcy/Strategic Planning Update - Management Partners
No update was provided.
4G. Chamber of Commerce & Local Elected Officials Announcements
Chamber representative Lesley Stevens announced upcoming Chamber of
Commerce events and activities.
Roxanna Grarcia, Field Representative for Assemblywoman Eloise Reyes,
introduced herself as the representative in charge of the City of San Bernardino
and Muscoy area. She invited the Mayor, City Council and public to the swearing
in ceremony at San Bernardino Valley College on February 4, 2017 at 12:00 p.m.
5. Consent Calendar
Council Member Mulvihill pulled Agenda Item 5D for discussion. Council Member
Nickel pulled Agenda Item 5E for further discussion.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5A. City Clerk
Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of resolutions and ordinances on the agenda
dated January 23, 2017.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5B. City Clerk
Council Minutes - January 9, 2017
Approved
Motion: Approve the minutes of the Mayor and City Council meeting of
January 9, 2017, as submitted.
Mayor and Common Council of the City of San Bernardino Page 4 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5C. Finance
Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for December 2016.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5D. City Manager
Property Assessed Clean Energy (PACE) Program Providers
Approved
Motion: Adopt the Resolution.
RES. 2017-09 — Resolution of the Mayor and City Council of the
City of San Bernardino, California, Approving Associate
Membership by the City in the California Enterprise Development
Authority; Authorizing City Manager to Execute an Associate
Membership Agreement of the City in the Authority; Authorizing
the City to Join the Figtree PACE Program; Authorizing the
California Enterprise Development Authority to Conduct
Contractual Assessment Proceedings and Levy Contractual
Assessments Within the Territory of the City and Authorizing
Related Actions.
RESULT:
ADOPTED [6-1]
MOVER:
Jim Mulvihill, Council Member, Ward 7
SECONDER:
John Valdivia, Council Member, Ward 3
AYES:
Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
NAYS:
Fred Shorett, Council Member, Ward 4
Mayor and Common Council of the City of San Bernardino Page 5 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
5E. City anager
Change Signatories of Former Redevelopment Agency Bank Accounts
Approved
Motion: Adopt the Resolution.
RES. 2017-10 — Resolution of the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency
of the City of San Bernardino Designating Signatories of
Successor Agency Bank Accounts and Superseding any
Previous Resolutions.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
5F. City Manager
First Amendment to the Consultant Services Agreement between the City of San
Bernardino and Flores & Associates
Approved
Motion: Adopt the Resolution.
RES. 2017-11 — Resolution of the Mayor and City Council of the
City of San Bernardino, California, Authorizing the City Manager
to Execute the First Amendment to the Consultant Services
Agreement Between the City of San Bernardino and Flores &
Associates.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6. Staff Reports
6A. City Attorne
Professional Services Agreement with Jones & Mayer for Charter Implementation
Services
Public Comments:
Scott Olson, San Bernardino
Mayor and Common Council of the City of San Bernardino Page 6 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
Approved
Motion: Adopt the Resolution.
RES. 2017-12 — Resolution of the Mayor and City Council of the
City of San Bernardino, California, Authorizing the City Manager
to Execute a Professional Services Agreement with Jones &
Mayer for Legal Services Related to Charter Implementation.
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6113. _Community Development
Parking Lease Agreement for the Andreson Building located at 320 N. "E" Street
Approved
Motion: Adopt the resolution.
RES. 2017-13 — Resolution of the Mayor and City Council of
the City of San Bernardino Approving a Parking Agreement
Between the City and 320 N. E Street, LLC for Use of 125
Unreserved Parking Stalls in the City Hall Parking Structure.
RESULT: ADOPTED [7-0]
MOVER: Virginia Marquez, Council Member, Ward
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
6C. City Manager
Fiscal Year 2016/17 Capital Improvement Plan
City Manager Mark Scott opened the discussion. Brent Mason, Finance Director,
presented a PowerPoint entitled "Capital Improvement Program for Fiscal Year
2016/17." He discussed funding sources and key projects under way in 2016/17.
Public Comments:
Dolores Armstead, San Bernardino
Linda Hart, San Bernardino
No action was taken.
Mayor and Common Council of the City of San Bernardino Page 7 Printed 1/24/2017
Joint Regular Meeting Minutes January 23, 2017
7. Public Comments for Items Not on the Agenda
Patricia Sacks, San Bernardino, asked about the planned City Hall relocation.
Scott Olson, San Bernardino, said it behooves the City to get busy and make
the adjustments called for in the new Charter immediately.
Sandra Ibarra, San Bernardino, said it was unacceptable that comments for
Consent Calendar items were called before 5 p.m., when she was still at work.
She also said the Council should be sure in the Capital Improvement Program to
include the poorer wards. Further, she complained that the CDBG Community
Advisory Committee had not met recently.
Frank Pearce, San Bernardino, spoke about how the federal government would
now turn its focus to reconstructing the Supreme Court.
8. Items to be Referred to City Council Committees
No items were referred to committee.
9. Announcements by Mayor, City Council and Executive Staff
Council Members made announcements concerning their respective wards.
10. Adjournment
The meeting adjourned at 8:33 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,
February 6, 2017.
By:
Georgeann ' Hanna, CMC
City Clerk
Mayor and Common Council of the City of San Bernardino Page 8 Printed 1/24/2017