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Home My WebLink About02-08-2017 MCC MinutesCity of San Bernardino Mayor R. Carey Davis 300 North "D" Street Council Members San Bernardino, CA 92418 Virginia MarquezBenito 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 WEDNESDAY, FEBRUARY 8, 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 5:00 p.m., Wednesday, February 8, 2017, in the Council Chamber at City Hall, 300 N "D" Street, San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 5:00 p.m. Benito J. Barrios Council Member, Ward 2 Present 5:15 p.m. John Valdivia Council Member, Ward 3 Absent ------------ Fred Shorett Council Member, Ward 4 Present 5:00 p.m. Henry Nickel Council Member, Ward 5 Present 5:00 p.m. Bessine L. Richard Council Member, Ward 6 Present 5:00 p.m. James Mulvihill Council Member, Ward 7 Absent ------------ R. Carey Davis Mayor Present 5:00 p.m. Georgeann "Gigi" Hanna City Clerk Present 5:00 p.m. Gary D. Saenz City Attorney Present 5:00 p.m. Mark Scott City Manager Present 5:00 p.m. Mayor and Common Council of the City of San Bernardino Page 1 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 1. A. B. C. 711 Closed Session Pursuant to Government Code Sections(s): 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 Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, et al., Los Angeles County Superior Court Case No. BC 465755 and Paco San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. BC 468955 (consolidated cases) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation — Government Code Section 54956.9(d)(2): El Corte Ingles (ECI) v. City of San Bernardino Kristin Bauer v. City of San Bernardino CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4): City v. JP Morgan Chase Bank NA City v. Tony D. Lam PERSONNEL — Pursuant to Government Code Section 54957(b): City Manager Public Comment Sandra Ibarra, San Bernardino Jim Smith, San Bernardino Closed Session Report City Attorney Gary Saenz reported the following actions: Under Agenda Item No. 9A, existing litigation: In the matter of Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, et al., the Council gave directive regarding pending litigation by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. In the matter of: AMF 9278, et al., v. City of San Bernardino, et al. the Council gave litigation directive by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. Under Agenda Item No. 9B, anticipated litigation, significant exposure to litigation: Mayor and Common Council of the City of San Bernardino Page 2 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 In the matter of El Corte ingles (ECI) v. City of San Bernardino, the Council gave negotiation directive by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. In the matter of Kristin Bauer v. City of San Bernardino, the Council gave litigation direction by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. Under Agenda Item No. 1 C, Initiation of litigation: In the matter of City v. JP Morgan Chase Bank NA, the Council gave settlement direction by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. In the matter of City v. Tony D. Lam, the Council gave settlement direction by a vote of 4-0, with Council Members Valdivia, Barrios and Mulvihill absent. 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 Mayor called the meeting to order with a moment of silence in honor of Dawson Hartwig, son of San Bernardino County Fire Chief Mark Hartwig. The invocation was given by Alan Rosenberg, pastor of the Christian and Missionary Alliance Church. The Pledge of Allegiance was given by Danielle Rhoades Langiano, 2nd grade student from Emmerton Elementary School. 4. PRESENTATIONS 4A. 2017 U.S. Conference of Mayors Update — Mayor R. Carey Davis Mayor Davis gave a report on his trip to the 2017 U.S. Conference of Mayors. 4B. Bankruptcy Update — Management Partners Andy Belknap of Management Partners gave an update of the bankruptcy process and said his tenure as the bankruptcy consultant to the city was coming to a close. 4G. Chamber of Commerce & Local Elected Officials Announcements There were no announcements. Mayor and Common Council of the City of San Bernardino Page 3 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 5. Consent Calendar Public Comment Scott Olson RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard ABSENT: Valdivia, Mulvihill 5A. City _Clerk Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated February 8, 2017. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard ABSENT: Valdivia, Mulvihill 5B. City Clerk Council Minutes — January 23, 2017 Approved Motion: Approve the minutes of the Mayor and City Council meeting of January 23, 2017, as submitted. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard ABSENT: Valdivia, Mulvihill Mayor and Common Council of the City of San Bernardino Page 4 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 5C. Finance Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for January 2017. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard ABSENT: Valdivia, Mulvihill 6. Staff Reports 6A. Community Development Theater Square Strategic Plan Public Comment: Marven Norman, Colton Frank Pearce, San Bernardino Patrick Morris, San Bernardino Vaugn Davies, Director of Urban Design at AECOM, gave a PowerPoint presentation of the plans for the Theater Square site and passed out a document called "Theater Square Strategic Plan and Carousel District Site." John Franzen, President of The Franzen Co., also addressed the Council about the project. Approved Motion: Adopt the Resolution. RES. 2017-14 — Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Theater Square Strategic Plan for the Regal Theater site located at the northwest corner of 4t" and E Streets. RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, ABSENT: Valdivia, Mulvihill Mayor and Common Council of the City of San Bernardino Page 5 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 6B. City Manager Energy Partnership Program Participation Approved Motion: Adopt the Resolution. Res. 2017-15 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring support for, and participation in, the regional partnership between Southern California Edison Company, Southern California Gas Company, and the San Bernardino Council of Governments to be known as the "Energy Partnership". RESULT: ADOPTED [5-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Shorett, Nickel, Richard, ABSENT: Valdivia, Mulvihill 7. Public Comments for Items Not on the Agenda Sharon Logan, Huntington Beach, spoke about the animal shelter and said there had been great strides in the past couple of years. Alice Chow, Grand Terrace, spoke about her non-profit pet rescue and said that dogs got sick at the shelter; it is far less expensive to rescue healthy dogs than sick ones, and she wants to work together for healthier animals. Michelle Mortensen said rescue groups shy away from pulling dogs from the San Bernardino City shelter because they are sick with distemper. She said she hoped changes occur immediately. Angela Halfman, San Bernardino, passed out a flier from Cause for SB Paws, filled with stories about animals from the San Bernardino City shelter. Frank Pearce, San Bernardino, spoke about the Super Bowl and quoted President Franklin Pearce. Sandra Ibarra, San Bernardino, said she was glad the animal rescue people had attended the meeting. Then she spoke about her dogs. John Chamberlin, Assistant Chief for San Bernardino County Fire, thanked the Mayor and City Council for their support for the Hartwig family after the death of Dawson Hartwig, son of San Bernardino County Fire Chief Mark Hartwig. He also reported shuttering operations at Station 226, 1640 Kendall Drive, on January 20 because of concerns about safety issues at the modular building. Service levels Mayor and Common Council of the City of San Bernardino Page 6 Printed 1/24/2017 Joint Special Meeting Minutes February 8, 2017 remain the same and other stations are picking up calls that would normally be handled at the closed station. Debbie Yocum, Riverside, spoke about the environment at the city animal shelter. Jim Smith, San Bernardino, said there is a Mills Act workshop at the Historic Preservation Society, at 8th and D streets, from 10 am to noon on March 11th. 8. Items to be Referred to City Council Committees No items were referred. 9. Announcements by Mayor, City Council and Executive Staff Council Members made announcements concerning their respective wards. 10. Adjournment The meeting adjourned at 10:21 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., Tuesday, February 21, 2017. - may• Georgea "Gigi" HaAha, CMC City Clerk Mayor and Common Council of the City of San Bernardino Page 7 Printed 1/24/2017