HomeMy WebLinkAbout06-07-2017 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
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
MINUTES
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, JUNE 7, 2017
EDA BOARD ROOM
The Joint Regular Meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
Carey Davis at 4:00 PM, Wednesday, June 7, 2017, in the EDA Board Room, 201 North
"E" Street, San Bernardino, CA.
Mayor and City Council of the City of San Bernardino Page 1 Printed 6/7/2017
Joint Regular Meeting Minutes June 7, 2017
Call to Order
Attendee Name
Virginia Marquez
Benito J. Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bes_sine L. Richard
James Mulvihill
R. Carey Davis
Georgeann "Gigi" Hanna
Gary D. Saenz
Mark Scott
Closed Session
A.
B.
C.
Title
Council Member, Ward 1
Council Member, Ward 2
Council Member, Ward 3
Council Member, Ward 4
Council Member, Ward 5
Council Member, Ward 6
Council Member, Ward 7
Mayor . _ _
City Clerk
City Attorney
City Manager
Status
_Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Arrived
4:00 PM
14:00 PM
14:18 PM
14:00 PM
14:00 PM
14:00 PM
4:00 PM
14:00 PM
14:00 PM
14:00 PM
4:00 PM
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
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation — Pursuant to Government Code Section 54956.9(d)(4):
City v. Ricardo Vasquez
City v. Richard Fantozzi
CONFERENCE WITH LABOR NEGOTIATOR — Pursuant to Government Code
Section 54957.6:
Negotiator: Helen Tran, Human Resources Director
Mark Scott, City Manager
Employee Organizations: Middle Management
Reading of Resolutions and Ordinances
Deputy City Clerk Candice Alvarez read into the record the titles of all the resolutions
and ordinances on the agenda for June 7, 2017.
Invocation/Pledge of Allegiance
Pastor Leonard Depasquale of St. Bernardine Catholic Church led the invocation. The
Pledge of Allegiance was given by Council Member Marquez.
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Joint Regular Meeting Minutes June 7, 2017
Mayoral Announcement
Mayor Davis read a statement concerning the public hearing noticed for the evening
about the issuance of multi -family housing revenue bonds to finance the acquisition and
rehabilitation of the Beautiful Light Inn at 1365 N. Waterman Avenue. He said speakers
at the meeting for the item were welcome to speak, but that the matter would be
considered at a Special Meeting on June 13 in the Board Room at 201 N. E Street.
There were no speakers on the item.
2. Closed Session Report
City Attorney Gary Saenz reported on the following actions in Closed Session:
Under Agenda Item No. 18, Conference with Legal Counsel — Anticipated
Litigation:
In the matter of City v. Ricardo Vasquez, Council gave settlement direction by a
vote of 7-0.
In the matter of City v. Richard Fantozzi, Council gave settlement directive by a
vote of 7-0.
Under Agenda Item No. 1 C, Conference with Labor Negotiator:
The Council gave negotiation directive to negotiators Mark Scott and Helen Tran
regarding Middle Management.
APPOINTMENTS
1. Appointment of Sandra Ibarra to the Fine Arts Commission — Mayor R. Carey
Davis
RESULT: ADOPTED [6-1)
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard
NOS: Mulvihill
2. Appointment of Aron Liang to the Planning Commission — Mayor R. Carey Davis
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
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Joint Regular Meeting Minutes June 7, 2017
PRESENTATIONS
3. Proclamation designating June as Law Enforcement Month — Mayor R.
Carey Davis
Mayor Davis presented a proclamation honoring June as Law Enforcement Month
and recognizing the San Bernardino Area Chamber of Commerce's 41st annual
Law Enforcement Recognition dinner on June 8. Henderson asked people to
support Law Enforcement at the dinner, and every day, for their efforts.
4. Recognition to the Participants of the Mayor's Youth Academy Pilot
Program — Mayor R. Carey Davis
Mayor Davis presented certificates of recognition to Princesa Herrera and David
Mora, Indian Springs High School students who participated in the Mayor's Youth
Academy Pilot Program. The students also were resented with certificates of
recognition from Assemblyman Mark Steinorth's office.
5. Fireworks Enforcement and Education Program
Police Chief Burguan, Captain Ron Maas and Community Affairs liaison Eileen
Hards discussed the department plan for enforcement of fireworks policies this
Independence Day as well as communications strategies and a plan for pet
safety.
Consent Calendar
Council Member Valdivia pulled items 9 and 10 from the Consent Calendar for further
discussion. The remaining items on Consent Calendar were voted on in a single vote.
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. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive Full Reading of Resolutions and Ordinances on the
agenda dated May 15, 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
7. City Council Approval of Commercial and Payroll Checks
Approved
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/7/2097
Joint Regular Meeting Minutes June 7, 2017
Motion: Approve the commercial and payroll checks for May
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
8. City Council Approval of Minutes
Approved
Motion- Approve the minutes of the Mayor and City Council
meeting of May 15, 2017, with the change to indicate
Henry Nickel was absent during the closed session
discussion of the Paul Triplett v. City of San
Bernardino item.
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
9. 5th Street Senior Center HVAC Replacements
Approved
Motion: Adopt the Resolution.
Reso 2017-96 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager or his designee to execute a Vendor Service
Agreement with Anderson Air Conditioning for the 5th
Street Senior Center Heating, Ventilation, and Air
Conditioning Roof -Top Unit Replacement Project.
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
10. Public Safety Camera System Enhancements
SS�eak_er
Sandra Ibarra
Approved
Motion: Adopt the Resolution.
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Joint Regular Meeting Minutes June 7, 2017
Reso 2017-97 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager or his designee to execute a Vendor Service
Agreement with CelPlan Technologies, Inc. for the
purchase of enhancements to the existing Public
Safety Camera System.
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
11. Animal Control Temporary Fee Waiver
Speake
Sandra Ibarra
Approved
Motion:
Adopt the Resolution.
Reso 2017-98 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager or his designee to waive animal adoption
fees up to 12 days each fiscal year.
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
12. Advanced Pet Care Purchase Order Increase
Approved
Motion:
Reso 2017-99
Adopt the Resolution.
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 $98,000.
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
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13. Ratify Submission of Application Accepting Contribution Sponsorship from
Kaiser Permanente Operation Splash Regional Community Benefit Grant
Program
Approved
Motion:
Reso 2017-100
Adopt the Resolution.
Resolution of the Mayor and City Council of the City
of San Bernardino, California, ratifying the submission
of an application for and accepting a contribution
sponsorship from Kaiser Permanente Operation
Splash Regional Community Benefit Grant Program in
the amount of $39,750 for the 2017 summer aquatics
program and $39,750 for the 2018 summer aquatics
program.
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
14. Ordinance Repealing and Replacing Chapter 2.50 of the San Bernardino
Municipal Code Related to the Personnel Commission — Final Reading and
Adoption
Approved
Motion:
Adopt the Ordinance.
MC -1447 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, repealing and replacing
Chapter 2.50 of the San Bernardino Municipal Code
related to the establishment of the Personnel
Commission by the new Charter.
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
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15. Purchase and Installation of Equipment for Police Vehicles
Approved
Motion:
Adopt the Resolution.
Reso 2017-101 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the
execution of a Vendor Services Agreement between
the City of San Bernardino and Innovative Emergency
Equipment and the issuance of a purchase order in
the amount of $251,000.
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
16. 2017-2018 Retired and Senior Volunteer Program (RSVP) — 2nd Year of a 3 -
Year Grant Award
Approved
Motion:
Adopt the Resolution.
Reso 2017-102 Resolution of the Mayor and City Council of the City
of San Bernardino, California, ratifying the submission
of a grant application for year two of the National and
Community Service's Retired and Senior Volunteer
Program, accepting and appropriating the grant funds
in the amount of $47,310, and allocating matching
funds for the program for the period of
April 1, 2017 through March 31, 2018.
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
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/7/2017
Joint Regular Meeting Minutes June 7, 2017
PUBLIC HEARINGS
17. Proposed Fiscal Year 2017/18 Operating Budget and Capital Improvement
Program
The Mayor and Council conducted a Public Hearing to receive comments from
the public relative to the Proposed 2017/18 Operating Budget and the Capital
Improvement Program (CIP) and provide direction to Staff.
Brent Mason reviewed the Proposed 2017/18 Operating Budget and Martin
Pastucia, advisor to city's Public Works Department discussed the CIP.
Speaker
Juan Figuerroa
No vote was taken on this item.
18. Appeal of Permit for Fireworks Sales — Fund Our Kid's Future
Sneaker
Eric Cisneros
Approved
Motion: Close the Public Hearing and grant the appeal
submitted by Fund Our Kids Future.
RESULT: ADOPTED [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
NOES: Marquez
STAFF REPORTS
19. Purchase and Sale Agreement for 10 Affordable Housing Parcels
Approved
Motion:
Reso 2017-103
Adopt the Resolutions.
Resolution of the Mayor and City Council of the City
of San Bernardino, California, acting in the capacity
as the Successor Housing Agency to the
Redevelopment Agency of the City of San
Bernardino, approving a purchase and sale
agreement between the Successor Housing Agency
and the Successor Agency to the Redevelopment
Agency of the City of San Bernardino with respect to
10 real property assets located in the City of San
Bernardino, California, and approving certain related
actions.
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Reso 2017-10.4 Resolution of the Successor Agency to the
Redevelopment Agency of the City of San
Bernardino, California, approving a purchase and sale
agreement between the Successor Agency and the
City of San Bernardino acting in the capacity as the
Successor Housing Agency to the Redevelopment
Agency of the City of San Bernardino with respect to
10 real property assets located in the City of San
Bernardino, California, and approving certain related
actions.
RESULT: ADOPTED [7-0]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
20. Acceptance of Federal Fund Real Property Assets From AHS
Approved
Motion:
Reso 2017-105
Adopt the Resolution.
Resolution of the Mayor and City Council of the City
of San Bernardino, California, accepting the transfer
of federal fund real property assets from Affordable
Housing Solutions of San Bernardino, Inc. to the City
of San Bernardino, and approving certain related
actions.
RESULT: ADOPTED [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill
21. Southern California Association of Governments Annual Meeting and
General Assembly
The Council received an oral report by Council Member Mulvihill. No vote was
taken on this item.
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Joint Regular Meeting Minutes June 7, 2017
22. FINE ARTS COMMISSION GRANT FUNDING
RECOMMENDATIONS
Speakers
Stacey Fraser
Michael Segura
Dorothy Garcia
Justin Valdivia
Ryan Rainbolt
Russell Degnan
Gil Botello
Linda Pederson
Michele Tacchia
Barbara Babcock
Ray Culberson
Approved
Motion: Adopt the resolution if the city attorney determines
that the expenditure from the Cultural Development
Construction Fund is permitted under state law, and
local ordinance, including Chapter 15.57 of the
Municipal Code, and if not, that the grants be funded
from the General Fund
Councilmember Henry Nickel made a motion,
seconded by Fred Shorett, to adopt the resolution to
fund the Fine Arts grant recommendations if the city
attorney determines that the expenditure from the
Cultural Development Construction Fund is permitted
under state law, and local ordinance, including
Chapter 15.57 of the Municipal Code, and if not, that
the grants be paid from the General Fund, with the
caveat that city study the developer fees.
John Valdivia suggested an amendment to the motion
to add that the report about the legality of spending
the money should be returned to the council within 30
days. Nickel agreed to the amendment, Shorett
removed his second, and Valdivia seconded the
motion.
No vote was taken on that motion.
Reso 2017-106 Councilmember Shorett made a substitute motion,
seconded by Council member Marquez, to adopt the
resolution with the City attorney's changes, with the
caveat that if they have to pay back the fund from
another source, they will.
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Joint Regular Meeting Minutes June 7, 2017
RESULT: ADOPTED [4-3]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Shorett, Richard, Mulvihill
NOS: Barrios, Valdivia, Nickel
23. Public Comments for Items Not on the Agenda
Roger Henderson, San Bernardino, announced the upcoming activities of the
Chamber of Commerce.
Damon Alexander, San Bernardino, discussed Sunset Rotary's 31St annual
Tinman Triathlon, at Western Regional Little League Headquarters on June 25
and challenged all Rotarians and Kiwanians to support the event.
Barbara Babcock, San Bernardino, clarified where the entrance to the Pastors
United event was, and thanked Council Member Shorett for his motion on the Fine
Arts grant item
24. Items to be referred to City Council Committees
Councilmember Valdivia asked that the City Manager to put the formal review of
the towing contracts on an upcoming agenda for full council approval. Mr. Scott
said he would do that for the last meeting in June or the first meeting in July.
25. Announcements by Mayor, City Council and Executive Staff
26. Adjournment
The meeting adjourned at 10:02 p.m. in memory of Dr. Al Karnig and Diana
Harrison Martinez to a Special Meeting set for 5:00 p.m. on Tuesday, June 13,
2017, in the Board Room located at 201 North E Street, San Bernardino,
California 92401.
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 will
be held on Wednesday, June 21, 2017, in the Board Room located at 201
North E Street, San Bernardino, California 92401. Closed Session will begin at
4:00 p.m. Open Session will begin at 5:00 p.m.
By: �
Georgear} "Gigi" *na, CMC
City Clerk
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/7/2017