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HomeMy WebLinkAbout09-06-2017 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 9/11/2017 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, 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 6, 2017 The Joint Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor R. Carey Davis at 4:00 PM, Wednesday, September 6, 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 4:08 PM Benito J. Barrios Council Member, Ward 2 Present 4:08 PM John Valdivia Council Member, Ward 3 Present 4:10 PM Fred Shorett Council Member, Ward 4 Present 4:09 PM Henry Nickel Council Member, Ward 5 Present 4:10 PM Bessine L. Richard Council Member, Ward 6 Present 4:11 PM James Mulvihill Council Member, Ward 7 Present 4:11 PM 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 6, 2017 Mayor and City Council of the City of San Bernardino Page 2 Printed 9/11/2017 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. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to Government Code Section 54956.9(d)(2). C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to Government Code Section 54956.9(d)(4). D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public’s right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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 September 6, 2017. Invocation/Pledge of Allegiance Assistant Fire Chief Dan Munsey led the invocation. Carelli Garcia, sixth grade student at Juanita Blakely Jones Elementary School, led the Pledge of Allegiance. Closed Session Report City Attorney Gary Saenz reported the following action occurred in Closed Session: Under Agenda Item A, Existing Litigation: Steven Kaufer v. City of San Bernardino, WCAB Case Nos. ADJ8236843 and ADJ9363250: Council gave settlement directive by 6-0; Council Member Barrios was absent. Eugene Ducloux v. City of San Bernardino, WCAB Case Nos. ADJ8746858 and ADJ8746868: Council gave settlement directive by 7-0. Daniel Keil v. City of San Bernardino, WCAB Case Nos. ADJ8968327 and ADJ8968334: Council gave settlement directive by 7-0. Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 3 Printed 9/11/2017 Council gave settlement directive by a vote of 6-0, with Council Member Valdivia recusing himself because of a business relationship, and approved a single fee cap increase from $50,000 to $75,000 to cover the outside council's legal fees for all of the marijuana lawsuits against the city: • AMF 1278, LLC, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702219 • Kush Concepts Collective, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1702131 • Quiang Ye, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1704276 • Kamel Roe v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1712424 Under Agenda Item B, Anticipated Litigation – Significant Exposure: Item 1 of 3: Council gave directive to address significant exposure to litigation by 7-0. Presentations Prior to the agendized presentations, Council Member Fred Shorett presented Robert Logsdon with a proclamation honoring his 100th birthday. 1. Proclamation Declaring September as “Library Card Sign-Up Month & Declaring September 18th as “Read an eBook Day” – Mayor R. Carey Davis Mayor Davis presented a resolution honoring September as Library Card sign up Month and declaring September 18th "Read an Ebook day." Library Director Ed Erjavic accepted the proclamation and gave an update of changes in the city's library. 2. Chamber of Commerce & Local Elected Officials Announcements No Chamber announcements were made. Consent Calendar Council Member Marquez pulled item 10, and Council Member Nickel pulled items 7, 8, 10, and 12 from the Consent Calendar for further discussion. The remaining items on Consent Calendar were voted on in a single vote. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 4 Printed 9/11/2017 3. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of resolutions and ordinances on the agenda dated September 6, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for August, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 5. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council meetings of August 16, 2017 and August 21, 2017. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 6. Annual Purchase Order for Fairview Ford Approved Motion: Adopt the Resolution. Reso. 2017-168: Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Annual Purchase Order to Fairview Ford for the purpose of supplying specific Ford Motor Company parts and supplies to the Fleet Division in order to maintain City owned Ford vehicles. Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 5 Printed 9/11/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 7. Ratification of the Department of Justice COPS Hiring 2017 Grant Speaker Robert Porter Approved Motion: Adopt the Resolution. Reso. 2017-169 Resolution of the Mayor and City Council of the City of San Bernardino, California, ratifying the submittal of a Law Enforcement Hiring Grant from the Department of Justice Community Oriented Policing Services (COPS) and authorizing the Police Department to accept and administer the grant. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 8. Annual Purchase Order for Clean Energy LNG Fuel and Maintenance and Repairs to LNG Plant Approved Motion: Adopt the Resolution. Reso. 2017-170 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an Annual Purchase Order to Clean Energy to supply LNG fuel and to perform maintenance and repairs to the LCNG plant. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 6 Printed 9/11/2017 9. Purchase Order to Taser International, Inc. and the City of Fontana Police Department Approved Motion: Adopt the Resolution. Reso. 2017-171 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and issuing a Purchase Order to Taser International, Inc., for body worn camera data storage and to the City of Fontana Police Dept. as sub- recipient of the Body Worn Camera grant. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 10. Inland Child and Adult Nutrition After School Supper Meal Program Approved Motion: Adopt the Resolution. Reso. 2017-172 Resolution of the Mayor and City Council of the Mayor and City Council of San Bernardino, California, authorizing the City Manager to execute a Food Service Agreement with the Center for Educational Leadership-Inland Child and Adult Nutrition program for the delivery of fresh meals to select City community centers for the After-school Supper Meal Program for FY 2017-2018 (year one of three). 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 11. Declaration of Intention to Reopen the Public Hearing for the Vacation of a Portion of “I” Street South of Rialto Avenue and Those Portions of the East-West Alleys and One North-South Alley, Between Rialto Avenue and 3Rd Street Approved Motion: Adopt the Resolution. Reso. 2017-173 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to reopen the Public Hearing for the vacation of a portion of “I” Street South of Rialto Avenue and those portions of the east-west alleys and one north-south alley, between Rialto Avenue and 3rd Street to consider the reservation of an additional Easement for Public Sidewalk and Pedestrian Purposes. Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 7 Printed 9/11/2017 RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 12. Memorandum of Understanding with Cal State University, San Bernardino to Pay for Share Cost for Traffic Signals Modifications at City Intersections Identified in the 2016 Campus Master Plan Approved Motion: Adopt the Resolution. Reso. 2017-174 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Memorandum of Understanding (MOU) with California State University, San Bernardino (CSUSB) to pay fair share cost for traffic signals modifications at City controlled intersections identified in the 2016 Campus Master Plan. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: John Valdivia, Council Member, Ward 3 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill 13. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Rust Consulting/Omni Bankruptcy to Provide Claims and Noticing Agent Services Speaker Karmel Roe Approved Motion: Adopt the Resolution. Reso. 2017-175 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a First Amendment to the Professional Services Agreement between the City of San Bernardino and Rust Consulting/Omni Bankruptcy to provide claims and noticing agent services. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 8 Printed 9/11/2017 14. Destruction of Certain Obsolete Records by the San Bernardino Police Department Approved Motion: Adopt the Resolution. Reso. 2017-176 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the destruction of certain obsolete records by the San Bernardino Police Department. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill Staff Reports 15. Ordinance Amending San Bernardino Municipal Code Chapter 2.20 Relating to Legal Services City Attorney Saenz pulled this item from the agenda and it was not considered. Public Comments on Items Not on the Agenda Karmel Roe, San Bernardino, spoke about the potholes in the city and general condition of the roads. She also complained about the homeless people sleeping on the lawn of the San Bernardino Women's club. Roxanne Williams, San Bernardino, spoke against City Clerk Gigi Hanna's rejection of a handbook Williams created for the Parks Commissioners. Robert Porter, San Bernardino, spoke about the need for city officials to take advice and help of City Commissioners and other experts. Brenda Faulkner, San Bernardino, asked about leasing the property from the City. Taylor Gene, San Bernardino said she is an eighth grade charter school student who would like to do a community service project. She said the biggest problem she sees in the City is homeless people and said she’d like to see a tent city to help it easier to police them. Sandra Ibarra, San Bernardino, said she had visited the apartment complex being looked at for transitional housing and said there are already families at the complex, who will be unable to move to anything larger than a one-bedroom apartment and spoke about the difficulties of a family of four or more living in such a small space. Delores Cedillo, San Bernardino, spoke about his experience with Route 66 in Barstow and said he had a Route 66 /Americana proposal on E street. Barbara Babcock, San Bernardino, spoke about Hector Contreras and the radio program Musicology. She also spoke about a community block party Saturday September 16 at Anne Shirells park. Joint Regular Meeting Minutes September 6, 2017 Mayor and City Council of the City of San Bernardino Page 9 Printed 9/11/2017 ANNOUNCEMENTS BY MAYOR, CITY COUNCIL & EXECUTIVE STAFF Staff and council members announced upcoming events. Items to be Referred to Council Committees No items were referred to committees. Adjournment The meeting adjourned at 8:09 p.m. in honor of Robert Logsdon. 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, September 20, 2017, in the Council Chamber 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.