HomeMy WebLinkAbout02-21-2017 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
/_1:1 f:
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING
AS THE HOUSING AUTHORITY
TUESDAY, FEBRUARY 21, 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 2:02 p.m., Monday, February 21, 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
Present
2:00 p.m.
Benito J. Barrios
Council Member, Ward 2
Late
2:38 p.m.
John Valdivia
Council Member, Ward 3
Late
2:12 p.m.
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.
Andrea Miller
Assistant 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 February 21, 2017
1A. 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
Clayton Smith v. City of San Bernardino, WCAB Case No. ADJ8917616
Arturo Diaz v. City of San Bernardino, WCAB Case No. ADJ8848130
Mark Plonski v. City of San Bernardino WCAB Case Nos. ADJ4678640;
ADJ6647317; ADJ9037048; and ADJ9843328
AMF 9278, LLC v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS 1702219
Kush Concepts, et al v. City of San Bernardino CIVDS 1702131
113. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4):
City v. Bayview Loan Servicing LLC City v. Amarsanped, LLC
City v. Ericka Munoz Salgado City v. Amaxi Investments Co.
1C. PERSONNEL — Pursuant to Government Code Section 54957(b):
City Manager
1 D. Conference with Real Property Negotiator - pursuant to Government Code
Section 54956.8.
Property: 333 N. "H" Street (APN 0134-182-04)
Negotiator: Mark Scott/Andrea Miller
Reading of Resolutions and Ordinances
City Clerk Gigi Hanna 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 Fred Adams, pastor from The
Rock Church.
Mayor and Common Council of the City of San Bernardino Page 2 Printed 2121/2097
Joint Regular Meeting Minutes February 21, 2017
2. Closed Session Report
City Attorney Gary Saenz reported the following actions:
Under Agenda Item No. 1A, existing litigation:
In the matter of Clayton Smith v. City of San Bernardino, Council gave settlement
direction by a vote of 6-0 with Council Member Barrios absent.
In the matter of Arturo Diaz v. City of San Bernardino, Council gave settlement
direction by a vote of 6-0 with Council Member Barrios absent.
In the matter of Mark Plonski v. City of San Bernardino, Council gave settlement
direction by a vote of 6-0 with Council Member Barrios absent.
In the matter of AMF 1278, LLC v. City of San Bernardino, Council gave litigation
directive by a vote of 6-0, with Council Member Valdivia absent.
In the matter of Kush Concepts, et al v. City of San Bernardino, Council gave
litigation directive by a vote of 6-0, with Council Member Valdivia absent.
Under Agenda Item No. 1B, anticipated litigation, significant exposure to
litigation:
In the matter of City v. Bayview Loan Servicing LLC, Council gave settlement
direction by a vote of 6-0, with Council Member Barrios absent.
In the matter of City v. Ericka Munoz Salgado, the Council gave settlement
direction by a vote of 7-0.
In the matter of City v. Amarsanped, LLC, the Council gave settlement direction
by a vote of 7-0.
In the matter of City v. Amaxi Investments Co., the Council gave settlement
direction by a vote of 7-0.
Under Agenda Item No. 1 C, Personnel:
In the matter of City Manager, the item was continued to the March 6, 2017
Council meeting.
3. Presentations
3A. Presentation to NENA — John Hillman — Mayor R. Carey Davis
John Hillman gave a presentation about the North East Neighborhood
Association.
Mayor and Common Council of the City of San Bernardino Page 3 Printed 2/21/2017
Joint Regular Meeting Minutes February 21, 2017
3B. Presentation to San Gorgonio High School Football Team — CIF Champions
— Council Member Barrios
Council Member Barrios honored the coaches and players who were part of the
CIF Football Champions from San Gorgonio High School.
3C. Student of the Month — Giovanni Lozano, San Gorgonio High School —
Council Member Mulvihill
Giovanni Lozano was honored for his extra -curricular and academic
achievements as a senior at San Gorgonio High School, including a 4.83 grade
point average.
3D. Certificate of Recognition - First Congregational United Church of Christ
150th Anniversary — Council Member Mulvihill
Council Member Mulvihill honored First Congregational Church of Christ on its
150th anniversary. Pastor Petra Mallis Sternberg accepted the certificate on
behalf of the congregation.
3E. Citizen(s) of the Month — Carlos Gomez, Alex Artiaga and Darrell & Dorothy
Farwick - Council Member Valdivia
Council Member Valdivia presented certificates to Carlos Gomez, Alex Artiaga
and Darrell and Dorothy Farwick. He also commended the Farwicks on 65 years
of marriage.
3F. Bankruptcy Update -- Management Partners
There was no bankruptcy update at this meeting.
3G. Chamber of Commerce & Local Elected Officials Announcements
Chamber representative Lesley Stevens announced upcoming Chamber of
Commerce events and activities.
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Joint Regular Meeting Minutes February 21, 2017
4. Consent Calendar
Council Member Nickel pulled items 4D and 4E for further discussion. Council
Member Mulvihill pulled items 4G and 41 for further discussion. Council Member
also pulled item 41 for further discussion.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4A. Cit Clerk
Waive Full Reading of Resolutions and Ordinances.
Approved
Motion: Waive full reading of resolutions and ordinances on the agenda
dated February 21, 2017.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4B. City Clerk
Council Minutes — February 8, 2017.
Approved
Motion: Approve the minutes of the Mayor and City Council
meeting of the February 8, 2017, as submitted.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4C. Finance
Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for February 2017.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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4D. Police Department
Purchase of Police Vehicles from Fairview Ford
Approved
Motion: Adopt the Resolution.
RES. 2017-16 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Director
of Finance to transfer $628,996 to the General Fund
Capital Expense account and issue a Purchase Order
to Fairview Ford Sales, Inc. in the amount of
$813,540.
RESULT: ADOPTED [7-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4E. Police Department
Purchase of Police Motorcycles from BMW Motorcycles
Approved
Motion:
Adopt the Resolution.
RES. 2017-17 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
issuance of a Purchase Order to BMW Motorcycles in
the amount of $83,300.00.
RESULT: ADOPTED [7-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 6 Printed 2/21/2017
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4F. Police Department
Appropriation of Funding for the Public Safety Academy
Approved
Motion:
Adopt the Resolution.
RES. 2017-18 Resolution. of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
execution of a Memorandum of Understanding (MOU)
between the City of San Bernardino and the Public
Safety Academy of San Bernardino, Inc., and
amending the FY2016/17 Adopted Budget by
appropriating $125,880 of grant funds.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4G. Police Department
Advanced Pet Care Animal Hospital
Speaker
Jeannine Neilson
Approved
Motion:
Adopt the Resolution.
RES. 2017-19 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Director
of Finance to increase the Purchase Order issued to
Advanced Pet Care Animal Hospital to $78,000.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Ward 3
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 7 Printed 2/21/2017
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4H. Police Department
Vendor Service Agreement with Taser International, Inc.
Approved
Motion:
Adopt the Resolution.
RES. 2017-20 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to Execute a Vendor Service Agreement
with Taser International, Inc. and authorizing the
Director of Finance to issue a Purchase Order to
Taser International Inc. in the amount of $341,230.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
41. City Attorney
Employment Agreement with City Manager
Speakers
Jim Smith, San Bernardino
Scott Olson, San Bernardino
Approved
Motion: Extend the City Manager's contract to March 7, 2017.
RES. 2017-26 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Mayor
to execute an employment agreement for the position
of City Manager with Mark Scott to Commence on
February 8, 2017.
RESULT: ADOPTED [8-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill, Davis*
*Under the City's revised Charter, Mayor and Council vote on the City Manager's hiring.
Mayor and Common Council of the City of San Bernardino Page 8 Printed 2/21/2017
Joint Regular Meeting Minutes February 21, 2017
4J. Successor Agency
Subordination of a Deed of Trust at 1094 West 59th Street
Approved
Motion: Adopt the Resolution.
RES. 2017-21 Resolution of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Housing
Agency to the Redevelopment Agency of the City of San
Bernardino approving the Subordination of a Deed of Trust
in connection with a refinancing of the Senior Mortgage
relating to real property located at 1094 West 59th Street,
San Bernardino, California.
RESULT: ADOPTED [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
4K. Community Development
Housing Related Parks Program Grant Application for Arrowhead Grove
Approved
Motion: Adopt the Resolution.
RES. 2017-22 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving submission
of a grant application for the Housing Related Parks
Program (HRP Program) for Arrowhead Grove
(formerly known as Waterman Gardens).
Mayor and Common Council of the City of San Bernardino Page 9 Printed 2/21/2017
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5. Public Hearings
5A. City Clerk
Business Registration Liens
Mayor opened the hearing. There were no speakers to swear in.
Approved
Motion:
RES. 2017-23
Adopt the Resolution.
February 21, 2017
Resolution of the Mayor and City Council of the City
of San Bernardino, California, imposing liens on
certain parcels of real property located within the City
of San Bernardino for Uncollected Business
Registration Fees.
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
6. Staff Reports
6A. Finance
Mid -Year Budget Update for Fiscal Year 2016/17 and Budget Amendment
Ap p roved
Motion:
RES. 2017-24
Adopt the Resolution.
Resolution amending the Adopted Budget by making
an adjustment of $450,000 for the expenditures
related to administering the properties formerly owned
by the Economic Development Agency.
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Mayor and Common Council of the City of San Bernardino Page 10 Printed 2121/2017
Joint Regular Meeting Minutes February 21, 2017
61B. City Manager
Lease Agreement for 600 North Arrowhead Avenue Building
Approved
Motion:
Adopt the Resolution.
RES. 2017 —25 Resolution of the Mayor and City Council of the City
of San Bernardino Directing the City Manager to
Execute a Lease Agreement Between the City of San
Bernardino and Arrowhead Professional Center, LP
for the Lease of Office Space in the 600 North
Arrowhead Avenue Building.
RESULT: ADOPTED [6-1]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill
NOES: Valdivia
7. Public Comments on Items Not on the Agenda
Robert Harris, San Bernardino, spoke about deficiencies he and other Cal State
Social Work students saw while working at Blair Park as part of a student project.
Jeanette Payne, San Bernardino, said she and other social work students
involved in the Cal State project found a community in need and referred to the
broken windows theory of community health. She said it is very important to take
efforts to address smaller issues that affect how people feel about their
neighborhood and city. She urged the Council to consider Blair Park for an
upcoming park revitalization project.
Jamie Campos, San Bernardino, said she and other social work students spent
two months in the community surveying people about food, health and
community needs. They learned that most people are unaware of where they can
get help. To address that, she and her fellow students created a resource guide
and organized a resource fair for Friday, February 24, from 9 a.m. to noon at the
Frazee Community Center.
Angela Halfman, San Bernardino, spoke about animal issues in San Bernardino.
She passed out a flier and warned the Council about a "Bully Expo," an event
being held at the National Orange Show on March 4, 2017 to promote exotic
breeding of bulldogs. She asked the city to cancel the event, or require that all
animals that show up to it be spayed or neutered.
Scott Olson, San Bernardino, said he remains skeptical about the city because
he has spent a lifetime in San Bernardino. He said he supports some of the
Council, opposes others and is neutral about some.
Mayor and Common Council of the City of San Bernardino Page 11 Printed 2121/2017
Joint Regular Meeting Minutes February 21, 2017
Q
10.
Robert Porter, San Bernardino, said there are good quality people looking for
work, looking to build a business and to do good work in the community. He said
his Facebook page has 40,000 likes and people ask him about how to do
business in the city. He asked to create a commission to help people to get to a
non-profit status, or to become a business; they would create jobs.
Jim Smith, San Bernardino, complimented the Council on its votes. He
commended the Council and staff for the discussion of City Manager Mark Scott.
He announced that the annual Mills Act presentation would be 10 a.m. to Noon
on Saturday, March 11, at the Historical Society building at 8th and D streets and
invited people to attend.
Items to be Referred to Council Committees
No items were referred to committees.
Announcements by Mayor, Council and Executive Staff
Adjournment
The meeting adjourned at 8:17 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,
March 6, 2017.
Georgea n "Gigi" H 4a, CMC
City Clerk
Mayor and Common Council of the City of San Bernardino Page 12 Printed 2121/2017