HomeMy WebLinkAbout03-20-2017 MCC MinutesCity of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
http://www.sbcity.org
MINUTES
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine 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
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.
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
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 3/29/2017
Regular Meeting 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):
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 5th 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. 1 B, 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 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 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. 1 D, Personnel:
In the matter of City Manager, Mayor and Council completed the performance
evaluation of the City Manager.
Presentations
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 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: 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 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 3/21/2097
Regular Meeting Minutes March 20, 2017
13. Human Resources
Coordinator of Volunteers Job Description and Classification
S;)eaker
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:
Reso. 2017-45
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Adopt the resolution.
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.
ADOPTED [6-0]
John Valdivia, Council Member, Ward 3
Jim Mulvihill, Council Member, Ward 7
Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
Marquez
Mayor and City Council of the City of San Bernardino Page 6 Printed 3/21/2017
Regular Meeting Minutes
15. Public Works
March 20, 2017
Measure 1 (2010-2040) Valley Major Street Program - Five -Year Capital Project
Needs Analysis (2017-2022)
Speaker
Juan Ramirez
Approved
Motion:
Reso. 2017-46
Adopt the resolution.
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 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:
Reso. 2017-49:
Adopt the resolution.
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
Mayor and City Council of the City of San Bernardino Page 8 Printed 3/21/2097
Regular Meeting Minutes March 20, 2017
PUBLIC HEARING
19. Public Works
Refuse Accounts Liens
Approved
Motion:
Reso. 2017-50:
Adopt the resolution.
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:
Reso. 2017-51:
Adopt the resolution.
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
Mayor and City Council of the City of San Bernardino Page 9 Printed 3/21/2017
Regular Meeting Minutes March 20, 2017
21. City Manager
Military Banner Purchase Order
Speaker
Robert Porter
Approved
Motion:
Reso. 2017-52:
Adopt the resolution.
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]
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 A enc
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 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 Minutes
25. City Manager
March 20, 2017
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
Wednesday of the month, with Closed Session starting at 5:30 p.m. and Open
Session at 6:30 p.m.
Council Member John Valdivia made a Motion to approve recommendation four.
Mayor and City Council of the City of San Bernardino Page 12 Printed 3/21/2017
Regular Meeting Minutes March 20, 2017
RESULT: VOTE FOR APPROVAL VETOED BY MAYOR [4-2]*
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Valdivia, Nickel, Richard, Barrios
NAYS: , Shorett, Mulvihill
ABSENT: Marquez
* Mayor vetoed the 4-2vote.
Council Member John Valdivia made a motion to approve setting the meeting for the 2nd
and 41h Tuesday of the month, with Closed Session starting at 5:30 p.m. and Open
Session at 6:30 p.m.
RESULT: Tie [3-3]*
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Valdivia, Nickel, Richard,
NAYS: Barrios, Shorett, Mulvihill
ABSENT: Marquez
* Mayor broke the tie by voting in favor, 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
Mayor and City Council of the City of San Bernardino Page 13 Printed 3/21/2017
Regular Meeting Minutes March 20, 2017
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, Ap 3, 2017.
Georg ' nn "Gig " WLna, CMC
City Clerk
Mayor and City Council of the City of San Bernardino Page 14 Printed 3/21/2017