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Home My WebLink About09-20-2017 MCC Minutes City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor and City Council of the City of San Bernardino Page 1 Printed 9/21/2017 MINUTES FOR THE 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 HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 20, 2017 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 4:00 PM, Wednesday, September 20, 2017, in the Board Room, 201 North "E" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Virginia Marquez Council Member, Ward 1 Present 4:00 PM Benito J. Barrios Council Member, Ward 2 Present 4:25 PM John Valdivia Council Member, Ward 3 Present 4:15 PM Fred Shorett Council Member, Ward 4 Present 4:04 PM Henry Nickel Council Member, Ward 5 Present 4:00 PM Bessine L. Richard Council Member, Ward 6 Present 4:00 PM James Mulvihill Council Member, Ward 7 Present 4:00 AM R. Carey Davis Mayor Present 4:00 PM Georgeann "Gigi" Hanna City Clerk Present 4:00 PM Gary D. Saenz City Attorney Present 4:00 PM Andrea Miller City Manager Present 4:00 PM Mayor R. Carey Davis Council Members Virginia Marquez Benito Barrios John Valdivia Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/21/2017 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 AMF 1278, 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, San Bernardino Superior Court Case No. CIVDS 1702131 Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 Karmel Roe v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1712424 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation – Government Code Section 54956.9(d)(2): One (1) Item C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4): City v. Demirkol City v. Feroze Ahmed City v. Wilmington Trust National Assoc. City v. Arroyo D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property: Arden-Guthrie Site Negotiator: Andrea Miller, City Manager Closed Session Report City Attorney Saenz reported the following actions took place in Closed Session: In the matter of City v. Demirkol, Council gave settlement directive by a vote of 5-0, with councilmembers Barrios and Nickel absent. In the matter of City v. Wilmington Trust National Association, Council gave settlement directive by a vote of 5-0, with councilmembers Barrios and Nickel absent. In the matter of City v. Feroze Ahmed, Council gave settlement directive by a vote of 6- 0, with councilmember Nickel absent. Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/21/2017 In the matter of City v. Arroyo, Council gave settlement directive by a vote of 5-0, with councilmembers Barrios and Nickel absent. In the matter concerning real property negotiation regarding the Arden-Guthrie site, the Council gave gave settlement directive by a vote of 7-0. Invocation and Pledge of Allegiance Reginald Wood of Life Changing Ministries led the invocation and the Pledge was given by Lee Stewart, a fifth grade student at Kendall Elementary School. Presentations Added by Mayor Davis at the Meeting: Presentation to Participants of the Police and Fire World Games Assistant Chief Eric McBride showed a film of the San Bernardino participants in the Police and Fire World Games August 7-16 in Los Angeles and said it had been a great opportunity to showcase the city's public safety personnel on a worldwide stage. Mayor Davis presented certificates of recognition to participants Lt. Rob Young, Sgt. Chris Keil, Sgt. Francisco Hernandez, and Det. Alberto Ramirez. 1. Christian and Missionary Alliance Church honoring their 65th Anniversary – Mayor R. Carey Davis and Council Member Benito Barrios Mayor Davis and Council Member Barrios presented a proclamation honoring the Church’s 65 year anniversary to Pastor Alan Rosenberg. Representatives from the offices of Assemblywoman Eloise Reyes, Assemblyman Marc Steinorth and Senator Mike Morrell also presented certificates honoring the church. 2. Citizen of the Month – Danny Alcarez – Council Member John Valdivia Council Member Valdivia honored Danny Alcarez a citizen of the month. Representatives from the offices of Assemblywoman Eloise Reyes, Assemblyman Marc Steinorth and Senator Mike Morrell also presented certificates honoring Mr. Alcarez. 3. Student of the Month – Raziel Jordan, Pacific High School – Council Member Benito Barrios Council Member Barrios honored Pacific High School student Raziel Jordan as the Student of the Month. Representatives from the offices of Assemblywoman Eloise Reyes, Assemblyman Marc Steinorth and Senator Mike Morrell also presented certificates honoring him. 4. Manufacturing Day Mayor Davis presented a proclamation naming October 6 2017 as Manufacturing Day to Molly Burgess, Executive Director of the Manufacturer’s Council. Also in attendance were officials from Colt Beverage, based in San Bernardino. 5. Mt. Vernon Viaduct Bridge Project Update Dennis Saylor of the San Bernardino County Transportation Agency, which has taken the lead on the project, gave an update of the Mt. Vernon Bridge Project. Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/21/2017 6. Chamber of Commerce & Local Elected Officials Announcements Lesley Stevens gave an update of Chamber activities, including the Rendezvous Back to the Route event on October 7. Roxanna Gracia, of Assemblywoman Reyes' office announced that the assemblywoman would be hosting a Civic Engagement Workshop at San Bernardino Valley College Friday September 29th from 10am-noon. Consent Calendar Council Member Marquez pulled item 13, and Council Members Nickel and Valdivia pulled items 1 and 15 for further discussion. The Mayor pulled items 12 and 14 for abstention. The City Attorney pulled item 9 for clarification and the City Manager pulled Item 11 for future consideration. The remaining items on Consent Calendar were voted on in a single vote. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated September 20, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for August 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/21/2017 9. City Council Approval of Draft Minutes Approved Motion: Approve the of the Mayor and City Council meeting of September 6, 2017, with requested change to clarify that a single fee cap increase from $50,000 to $75,000 covered the outside council's legal fees for all of the marijuana lawsuits against the city. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Jerry Lewis Pool Filtration Replacement Approved Motion: Adopt the resolution. Reso 2017- 177 Resolution of the Mayor and City Council of San Bernardino, California, for the Jerry Lewis Family Swim Center Filtration Systems Replacement at Perris Hill Park, authorizing the City Manager to execute a Vendor Service Agreement with Commercial Aquatics Services, Inc. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 11. Solar Powered Public Safety Camera System Trailers This item was pulled by the City Manager and not considered. 12. On-Call Traffic Engineering Services Agreements with Minagar & Associates, Inc., Transtech Engineers, Inc. and Transportation Engineering and Planning, Inc Mayor Davis announced he had received campaign contribution from Transtech, would abstain from any discussion and left the dais. Approved Motion: Adopt the resolution. Reso 2017- 178 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Consultant Services Agreements with the firms of Minagar & Associates, Inc., Transtech Engineers, Inc. and Transportation Engineering and Planning, Inc. for On-Call Traffic Engineering Services. Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/21/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. Installation of Debris Netting Under the Mt. Vernon Bridge at BNSF Rail Yard Approved Motion: Adopt the resolution. Reso 2017- 179 Resolution of the Mayor and City Council of the City of San Bernardino, California, awarding a Contract to GMZ Engineering Inc. for installation of debris netting under the Mt. Vernon Bridge at the BNSF Rail Yard (Bridge No. 54C- 0066) per Plan No. 13154. RESULT: ADOPTED [UNANIMOUS] MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 14. Fifth Amendment to the VSA with Quality Light and Electrical for Street Light Repair Services Mayor Davis announced he had received campaign contribution from Transtech, would abstain from any discussion and left the dais. Approved Motion: Adopt the resolution. Reso 2017- 180 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Fifth Amendment to the Vendor Services Agreement with Quality Light and Electrical for street light repair services to amend the Agreement to extend the term to January 31, 2018 and issue a Change Order in the amount of $326,759.36 to Service Agreement for FY 2016-17. RESULT: ADOPTED [UNANIMOUS] MOVER: John Valdivia, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/21/2017 15. Agreement with Management Partners Inc. for Continuing Management Consulting Assistance Speaker Karmel Roe Approved Motion: Adopt the resolution. Reso 2017- 181 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an Agreement and issuance of a purchase order to Management Partners Inc., for services related to assisting the City with implementation of organization improvements and organizational assistance / analysis for the Public Works Department and the City Attorney’s Office as well as continuing assistance with implementation of the plan of adjustment. RESULT: ADOPTED [6 TO 1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Shorett, Nickel, Richard, Mulvihill NAYS: John Valdivia Public Hearings 16. Resolution of the Mayor and City of the City of San Bernardino Authorizing the Submittal of the Fiscal Year (FY) 2016-2017 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development (HUD) City Clerk Hanna swore in those wishing to testify on the matter. Speaker Karmel Roe, in support Approved Motion: Adopt the resolution. Reso 2017- 182 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submission of the Fiscal Year (FY) 2016-2017 Consolidated Annual Performance and Evaluation Report to the United States Department of Housing and Urban Development (HUD). RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Virginia Marquez Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/21/2017 Staff Reports 17. Citizens Advisory Committee – Marijuana Regulations Speakers Karmel Roe Robert Porter William Ciocci Approved Motion: To form a Citizens Advisory group containing 9 members, with each council member choosing one and the Mayor choosing two members by the next council meeting (October 4), with representatives that are either San Bernardino residents or San Bernardino business owners, and charge them to make recommendations to the council about areas not covered by Measure O, by Mid-December. RESULT: ADOPTED [6 TO 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Virginia Marquez 18. Ad-Hoc Committee of the City Council Approved Motion: To form an Ad-Hoc Committee of the City Council to review, discuss and provide recommendations to the Mayor and City Council related to litigation involving the Water Department. RESULT: ADOPTED [UNANIMOUS] MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill ABSENT: Virginia Marquez 19. Well Untapped Conference – August 11-12, 2017 The Mayor and City Council receive an oral report by Council Member Barrios about the conference, where he was chosen as a fellow. 20. Oral Report by Council Member Mulvihill Regarding the SCAG Regional Council Meeting Council Member Mulvihill reported on the Southern California Association of Governments Regional Council meeting and handed out a summary of selected legislative issues from SCAG. Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/21/2017 21. Rendezvous Back to Route 66 - 2017 Approved Motion: Adopt the resolution. Reso 2017- 183 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or her designee to execute an agreement between the City of San Bernardino and San Bernardino Chamber of Commerce to provide support services for Rendezvous Back to Route 66 2017 event. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Virginia Marquez, John Valdivia 22. Westlaw Online Legal Research Services Agreement for the City Attorney’s Office Approved Motion: Adopt the resolution. Reso 2017- 184 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Attorney to execute an agreement with Thompson-West to provide on- line legal research services (Westlaw) to the City Attorney’s Office and to authorize the issuance of a purchase order. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Barrios, Shorett, Nickel, Richard, Mulvihill ABSENT: Virginia Marquez, John Valdivia 23. 2017 Bloomberg Mayors Challenge Mayor Davis explained that the City had qualified for the Bloomberg Mayors Challenge . No vote was taken. 24. Public Comments on Items Not on the Agenda Taylor Gene, San Bernardino, said she wants to see fewer homeless people and help the unemployment rate go down. Joint Regular Meeting Minutes September 20, 2017 Mayor and City Council of the City of San Bernardino Page 10 Printed 9/21/2017 Brady Boyette, San Bernardino, said he was here to support Taylor in her fight against homeless. He said there is no place to go as a kid, without being approached for money. Robert Porter, San Bernardino, spoke about the Arrowhead. Karmel Roe, San Bernardino, said he has an issue with the high numbers of homeless people and prostitutes in town. Shirley Harlan, San Bernardino, spoke about the upcoming Senior Games and asked the council to spread word about the event. 25. Announcements from Elected officials and Executive Staff 26. Items to be Referred to Council Committees Nothing was referred to committee. 27. Adjournment The meeting adjourned at 10:25 pm 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 4:00 p.m., Wednesday, October 4, 2017, in the Council Chamber located at 201 N. E Street, San Bernardino, California. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. By: __________________________ Georgeann “Gigi” Hanna, CMC City Clerk