HomeMy WebLinkAbout01-15-2020 MCC Regular
Mayor John Valdivia
City of San Bernardino
Council Members
201 North E Street
Theodore Sanchez
San Bernardino, CA 92401
Sandra Ibarra
http://www.sbcity.org
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
MINUTES
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND
C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND M AYOR AND C ITY
C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OIN P OWERS F INANCING
A UTHORITY
WEDNESDAY, JANUARY 15, 2020
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor John Valdivia on Wednesday, January 15, 2020, in the Council
Chamber, 555 West 6Th Street, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:26 PM
Sandra Ibarra Council Member, Ward 2 Present 5:26 PM
Juan Figueroa Council Member, Ward 3 Present 5:26 PM
Fred Shorett Council Member, Ward 4 Present 5:26 PM
Henry Nickel Council Member, Ward 5 Present 5:18 PM
Bessine L. Richard Council Member, Ward 6 Present 5:27 PM
James Mulvihill Council Member, Ward 7 Present 5:27 PM
John Valdivia Mayor Present 5:28 PM
Georgeann "Gigi" Hanna City Clerk Present 5:18 PM
Gary D. Saenz City Attorney Present
Teri Ledoux City Manager Present
Regular Meeting Minutes January 15, 2020
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. San Bernardino Municipal Water Department v. United States of America,
United States District Court Case No. 2:96-cv-08867 MRP- JG (C.D. Cal.
Decree Approved March 23, 2005)
ii. Susan Davis v. City of San Bernardino, Workers’ Comp. Claim No. 18-
137053
iii. Anthony Castro v. City of San Bernardino, Workers’ Comp. Claim No. 19-
141450
iv. Rodney Topping v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY-9766
v. Amanda Castaneda v. City of San Bernardino, Workers’ Comp. Claim No.
19-139488
vi. Jeffrey Novinger v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ1092715, ADJ3728783, ADJ4657808, ADJ693593, ADJ9657857,
ADJ10586898, ADJ1058699, and ADJ10771058
vii. Aaron Ortiz v. City of San Bernardino, Workers’ Comp. Claim No. 18-
139398
viii. Gilbert Ruvalcaba v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY-10306
ix. Jarrod Burguan v. City of San Bernardino, Workers’ Comp. Claim No. 18-
137447
x. David Miller v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10204
xi. Alan Olachea v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10058
xii. Von Verbanic v. City of San Bernardino, Workers’ Comp. Claim No. 19-
139488
xiii. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1926878
xiv. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1919509
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two
cases
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One case
INVOCATION
The invocation and the Pledge of Allegiance were led by Pastor Rethis Murry of Allen
Chapel AME Church.
Mayor and City Council of the City of San Bernardino Page 2 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
CLOSED SESSION REPORT
Senior Assistant City Attorney Sonia Carvalho reported that items A(ii) through A(xii)
were authorized settlements in workers comp settlements and information is available
from the City Clerk’s Office. On item B, the council authorized receivership actions for
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932 W 29 Street and 4240 Hallmark Parkway to address code enforcement
PRESENTATIONS
A. (Added after posting of the agenda). Certificate of Recognition of Bonnie
Johnson
Mayor Valdivia presented a certificate to Rikke Van Johnson honoring his aunt,
Bonnie Sheree Johnson, who recently died in December, at the age of 84. She
was credited with helping bring about desegregation/integration and fostering a
sense of equality in San Bernardino city schools.
1. Proclamation - National Mentoring Month - San Bernardino County
Children’s Network - Mayor John Valdivia
Mayor Valdivia presented Doreen Ivory with a proclamation recognizing the San
Bernardino County Children’s Network during National Mentoring Month.
2. Certificate of Recognition - CSUSB Women’s Volleyball Team - Mayor John
Valdivia
Mayor Valdivia presented a certificate honoring the CSUSB Women’s Volleyball
team, which, for the first time in the university’s 54 year history, won a national
championship, with a 33-0 season.
3. Certificate of Recognition - Citizen of the Month - Martin Valencia - Mayor Pro
Tem/Sixth Ward Council Member Bessine Richard
Councilmember Richard honored Martin Valencia as Citizen of the Month.
4. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange announced the upcoming Chamber activities.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
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David Freidman, Redlands, thanked the council for moving the 5 annual Arts festival
to Court Street. He thinks a property based improvement district would help the city
revitalize the area as they have helped other cities’ downtown districts.
Linda Hart, of Youth Build, invited the council to the Martin Luther King parade on
January 20. He said organizers are looking to bring a positive aspect back to the
community.
Leticia Williams, San Bernardino, spoke on behalf of the youth organizers of the MLK
parade. She said she believes that it will bring the community’s youth together.
Lucretia Dowdy, San Bernardino, said she is excited about the parade and it has been
a long time coming and something truly needed by the community, especially the west
side of San Bernardino.
Mayor and City Council of the City of San Bernardino Page 3 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Scott Olson, San Bernardino, spoke about his feeling about current political campaigns
and current city council members. He suggested that councilwoman Ibarra change her
role from activist to advocate and work with the other six members of the council.
Ms. Malibu, San Bernardino, said she was looking for change, and a lot of it. She is
invested in the community, has a business in the second ward and her kids were raised
on the west side. She said she was supporting the MLK parade and said she was
committed to coming to more council meetings.
John Schollenberger, San Bernardino, thanked the SBPD for a job well done. He said
he had seen a lot of improvements and said it was a dynamic team that understands
community policing. He spoke about the vital role that police play in the community.
Cheryl Brown (speaking on belhalf of Hardy Brown), San Bernardino, spoke about a
series of racial epithets against African American professionals. Race relations will not
get better with this kind of demeaning language and something must be done about it.
Will meet with the City Manager to improve racial tensions. Suggest that black
employees in the city organize to support each other and new hires, and sensitivity
training. He supports the reinstatement of salary for the City Clerk and City Attorney.
Thomas Fleming, San Bernardino, said people are one race, the human race. He said
that the salaries of city employees is ungodly.
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Paul Sanborn, San Bernardino, stated his feelings about the current 7 Ward
councilmember. He spoke about pine trees being removed and not being replaced with
pine trees, decried gophers in the north end and inconsistent street sweeping
schedules.
City Manager Ledoux introduced Kristen Jensen, the new Public Works Director, Edelia
Eveland, the new Human Resources Director, and new Chief Deputy City Clerk
Genoveva Rocha.
STAFF REPORTS
* The council agreed by consensus to move Consent Calendar item 26 to staff reports
and hear it at this point in the meeting.
5. Election of Mayor Pro Tempore
Approved
Motion: Elect Ward One Councilmember Theodore Sanchez
Mayor Pro Tempore, to serve until the second
regularly scheduled City Council meeting in
December 2020.
RESULT: ADOPTED \[5-2\]
MOVER: Bessine Richard, Council Member, Ward 6
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa Shorett, Nickel, Richard
NOES: Ibarra, Mulvihill
6. Authorization to Issue 10-Day Notice of Termination to Federal Advocates Inc.
for Federal Legislative Advocacy Services
Mayor and City Council of the City of San Bernardino Page 4 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Speakers
Treasure Ortiz
Approved
Motion: Authorize the City Manager to terminate the contract
with Federal Advocates Inc., and seek no federal
advocate.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
7. Oral Report-Public Safety Updates
An oral report providing updates regarding Public Safety. No vote was taken on this
item.
8. Violence Intervention Program (VIP) Update
Speakers
Rabbi Hillel Cohn
Calvin Ward
Dawn Thomas
Approved
Motion: Receive and file an update report on the Violence
Intervention Program (VIP); and
Adopt the resolution.
Reso. No. 2020-3 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to submit a grant proposal for the Board of
State and Community Corrections, California Violence
Intervention & Prevention Matching Grant program.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
9. Strategic Planning Work Session Report and 2020 Action Plan
Approved
Motion: Adopt the resolution.
Reso. No. 2020-5 Resolution of the Mayor and City Council of the City of
San Bernardino, California, approving the Strategic
Planning Work Session Report and the 2020 Action
Plan.
Mayor and City Council of the City of San Bernardino Page 5 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San Bernardino Page 6 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
10. Consider an Amendment to the Boundary of the NAFB Nexus Study Zone
Expansion Area
Approved
Motion: Adopt the resolution.
Reso. No. 2020-24 Resolution of the Mayor and City Council of the City of
San Bernardino, California, amending the boundary of
the Norton Air Force Base Nexus Study Zone
Expansion Area.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
11. Police Management Association Salary Survey
Speakers
Stan Futch
Treasure Ortiz
Hardy Brown
Thomas Fleming
Terry Elliot
Approved
Motion: Adopt the resolution; and
Authorize the Director of Finance to amend the FY
2019-20 budget and transfer $37,503.00 from
account number 001-210-0084-5014 (dispatch part-
time salaries) to account number 001-210-0001-50xx
(police administration full-time salary and benefits).
Reso. No. 2020-13 Resolution of the Mayor and City Council of the City
of San Bernardino, California, updating salaries for
the San Bernardino Police Department ranges P-6
(Assistant Chief) and P-7 (Chief) that came into effect
on August 1 2019 and approving a basic
compensation plan for the San Bernardino Police
Department.
RESULT: ADOPTED \[5-2\]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
NOES: Shorett, Mulvihill
Mayor and City Council of the City of San Bernardino Page 7 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
12. Request to Amend Commercial Cannabis Business Permit to Provide a
Change in Location from 4130 W. Hallmark Parkway to 390 N. H Street
Speakers
Christopher Kim
Esmerelda Negrete
Majid Seraj
This item was pulled at the request of the City Manager and will be heard at the
February 5, 2020 Mayor and City Council meeting.
PUBLIC HEARINGS
13. Annexation No. 3 to CFD 2019-1 (Maintenance Services) for Tax Zone No. 4,
APN 0266-041-39, Adoption of Resolutions for Annexing into the Community
Facilities District, and First Reading of an Ordinance Amending Ordinance
Levying Special Taxes for Fiscal Year 2020-21
Approved
Motion: Continue the item to February 5, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
14. Extend a Moratorium on the Approval of Land Use Entitlements Related to
Urgency Ordinance No. MC-1527
Speakers
Lynn Wear
Joyce Seeger
Esmerelda Negrete
Approved
Motion: Read by title only, waive further reading; and
Adopt the urgency ordinance.
MC-1529 (Urgency): Ordinance of the Mayor and City Council of the City of
San Bernardino, California, extending a moratorium
by 10 months and 15 days on the approval of land-
use entitlements and license or permit applications,
allowing for the operation of public or private social
service uses or welfare operations at any location
within 750 feet of any residentially-zoned property
within the City.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San Bernardino Page 8 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion,
unless a council or staff member has pulled the item for more discussion. Councilmember
Sanchez pulled item 19, Councilmember Ibarra pulled items 18 and 37 and recused herself from
item 25 because she works for the agency involved.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
15. October and November 2019 City Board, Commission, and Citizen Advisory
Committee Approved Minutes
Approved
Motion: Receive and file the minutes from the City board,
commission, and citizen advisory committee meetings
approved in November and December 2019.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
16. Approval of Commercial and Payroll Disbursements
Approved
Motion: Approve the commercial and payroll disbursements
for November and December 2019.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
17. Monthly Report of Investment Transactions as of November 30, 2019
Approved
Motion: Receive and file the Monthly Report of
Investment Transactions for the month ending
November 30, 2019.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San Bernardino Page 9 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
18. Inland Center Mall Police Substation Lease
Speakers
Esmerelda Negrete
Treasure Ortiz
Approved
Motion: Adopt the resolution; and
Authorize the City Manager to execute an
agreement to lease a space for a police
substation at the Inland Center Mall according
to the terms of the lease agreement; and
Authorize the Director of Finance to
appropriate $20,000 from the Asset Forfeiture
Fund Balance into the FY 2019/2020 adopted
budget.
Reso. No. 2020-12 Resolution of the Mayor and City Council of the
City of San Bernardino, California, authorizing
the City Manager to execute an agreement to
lease a space for a police substation at the
Inland Center Mall and authorizing the Director
of Finance to appropriate $20,000 from the
Asset Forfeiture Fund into the FY 2019/2020
adopted budget.
RESULT: ADOPTED \[4-3\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Nickel, Richard
NOES: Ibarra, Shorett, Mulvihill
Mayor and City Council of the City of San Bernardino Page 10 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
19. Agreement for Legal Services with Lynberg & Watkins
Approved
Motion: Adopt the resolution, granting the City Manager a
budget not to exceed $25,000.
Reso. No. 2020-22 Resolution of the Mayor and City Council of the City of
San Bernardino, California, ratifying the Retention
Agreement with Lynberg & Watkins and authorizing
the City Manager to execute the Amendment to the
Retention Agreement.
RESULT: ADOPTED \[4-3\]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Figueroa, Richard, Mulvihill
NOES: Ibarra, Shorett, Nickel
20. Basic Compensation Plan for Temporary/Part-Time and Seasonal Employees
of the City of San Bernardino
Approved
Motion: Adopt the resolution.
Reso. No. 2020-6 Resolution of the Mayor and City Council of the City of
San Bernardino, California, establishing a basic
compensation plan for temporary/part-time and
seasonal employees of the City of San Bernardino
and repealing Resolution No. 2019-28.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San Bernardino Page 11 Printed 1/17/2020
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21. Salary Schedules for Full-Time Miscellaneous Classifications
Approved
Motion: Adopt the resolution.
Reso. No. 2020-7 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving revised
salary schedules for the full-time miscellaneous
classifications of the City of San Bernardino for Fiscal
Years 2015/16, 2017/18, 2018/19 and 2019/20 in
compliance with the California Public Employees’
Retirement System (CalPERS) regulations and
amending Resolution No. 2019-269.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
22. Receive and File the Audited Comprehensive Annual Financial Report of the
City of San Bernardino Municipal Water Department for Fiscal Year Ended
June 30, 2019
Approved
Motion: Receive and file the audited Comprehensive Annual
Financial Report of the San Bernardino Water
Department’s Water, Sewer Treatment, and Sewer
Collection utilities for the Fiscal Year ended June 30,
2019.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
23. Senior Services Trust Accounts Transfer to the General Fund for FY 2019/20
Approved
Motion: Adopt the resolution.
Reso. No. 2020-8 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving Senior
Services Trust Accounts Transfer to the General Fund
for FY 2019/20.
Mayor and City Council of the City of San Bernardino Page 12 Printed 1/17/2020
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RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
24. Amendment No. 3 to Consulting Services Agreement with Moore Iacofano
Goltsman, Inc for Signage Regulations
Approved
Motion: Adopt the resolution.
Reso. No. 2020-9 Resolution of the Mayor and City Council of the City of
San Bernardino, California, authorizing the City
Manager to execute Amendment No. 3 to the
Consulting Services Agreement with Moore Iacofano
Goltsman, Inc. (MIG) to extend the term to December
31, 2020, for the completion of the Comprehensive
Signage Regulations Update.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
25. Repayment to Local HOME Account for 2011 Housing Acquisition,
Rehabilitation & Resale Property
Mayor and City Council of the City of San Bernardino Page 13 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Approved
Motion: Approve the repayment of $207,030 in HOME funds
expended on the property at 140 13th Street, San
Bernardino; and
Direct the Finance Director to transfer $207,030 from
the Successor Agency Housing Cash account (127-
1001-001) to the HOME Program Income account
(117-180-0000*4699), immediately upon approval of
this Approved Motion; and
Direct the Finance Director to provide proof of such
transfer in a form acceptable to the US Department of
Housing and Urban Development and authorize the
Finance Director to amend the FY 2019-20 Adopted
Budget accordingly.
Councilmember Ibarra abstained from voting on this item because she works for the
entity involved.
RESULT: ADOPTED \[6-0\]
MOVER: Theodore Sanchez, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
ABSTAIN: Ibarra
26. Consider Initiating an Annexation of the Remaining Unincorporated Island of
Land Abutting the Spring Trails Specific Plan Area
Speakers
Andy Lymon, opposed
Richard Kaplan, opposed
Cruz Ruiz, opposed
Approved
Motion: Table the matter.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
27. 2019 Building Code Adoption Final Reading
Mayor and City Council of the City of San Bernardino Page 14 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Approved
Motion: Accept for final reading and adopt the ordinance.
MC-1525 Ordinance of the Mayor and City Council of the City of
San Bernardino, California, approving the adoption of
the 2019 California Building Codes as proposed and
amended.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
28. 2010A and 2010B Series Tax Allocation Bond Proceeds-Update
Speakers
Esmerelda Negrete
Approved
Motion: Receive and file the staff report regarding the status
of the 2010A and 2010B Series Tax Allocation Bonds
proceeds.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
29. Anne Shirrells Park and Community Center Capital Improvement Project and
Lease Amendment
Speaker
Kimberly Calvin
Mayor and City Council of the City of San Bernardino Page 15 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Approved
Motion: Adopt the resolution.
Reso. No. 2020-14 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to amend the Lease between the City of San
Bernardino and Akoma Unity Center for use of Anne
Shirrells Community Center facility at 1367 North
California Street, San Bernardino, California from July
1, 2018 through June 30, 2026; and Amending the FY
2019/20 Adopted Budget to include the Anne Shirrells
Community Center Improvements Project; authorizing
the Director of Finance to accept the $135,000
contribution from the MAC Foundation; and
appropriating $83,308 from the Cultural Development
Fund Balance (Fund 247) to the Capital
Improvements Project to complete the project.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
30. Award of Construction Contract for Lytle Creek Community Center Park Roof
Replacement
Mayor and City Council of the City of San Bernardino Page 16 Printed 1/17/2020
Regular Meeting Minutes January 15, 2020
Approved
Motion: Adopt the resolution.
Reso. No. 2020-15 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the Director
of Finance to amend the FY 2019/20 CIP to include
Lytle Creek Community Center Park Roof
Replacement Project (“Project’) in the total project
cost amount of $62,000; Approving the award of a
Construction Contract with San Marino Roof Co. Inc.
in the amount of $51,837 with a contingency in the
amount of $5,413 for construction of the Project;
Authorizing the City Manager or designee to execute
contract documents and purchase orders in support of
the Project; and Authorizing the Finance Director to
reallocate unused Community Development Block
Grant Funds from this project to other approved
CDBG eligible Public Works projects.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
31. Burrtec Settlement and Release Agreement
Approved
Motion: Adopt the resolution.
Reso. No. 2020-16 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the
Settlement and Release Agreement between the City
of San Bernardino and Burrtec Waste Industries, Inc.;
and Authorizing the Finance Director to appropriate
$630,194 from the Integrated Waste Management
Fund to fund the settlement agreement with Burrtec
Waste Industries.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
32. DIF Credit/Agreement ((Municipal Code §§ 3.27.140, 150) with CH Realty VIII/I
San Bernardino Waterman, L.P for Storm Drain Improvements
Approved
Motion: Adopt the resolution.
Reso. No. 2020-17 Resolution of the Mayor and City Council of the City
of San Bernardino, California approving the
Mayor and City Council of the City of San Bernardino Page 17 Printed 1/17/2020
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Development Impact Fee Credit Agreement (“DIF
Agreement”) with CH Realty VIII/I San Bernardino
Waterman, L.P (CH), in recognition of CH’s
construction of public storm drain improvements,
which will benefit the City’s infrastructure and improve
storm drain system in the area.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
33. Street Vacation of Portions of Home Avenue, "I" Street and Montgomery
Approved
Motion: Authorize City staff to proceed with the request to
vacate portions of Home, “I” Street, and Montgomery
Street for Plan No. 13099.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
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Regular Meeting Minutes January 15, 2020
34. Purchase and Sale Agreement 340 W. 40Th Street
Approved
Motion: Adopt the resolution.
Reso. No. 2020-19 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to execute a Partial Purchase and Sale
Agreement with Bryan Henley and Sharland L. Henley
th
for the property located at 340 W. 40 Street.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
35. Award of Construction Contract to S&H Civil Works for Citywide Concrete
Repairs
Approved
Motion: Adopt the resolution.
Reso. No. 2020-23 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the award of
a Construction Contract with S&H Civil Works in the
amount of $536,880 for citywide concrete repairs; and
Authorizing the Finance Director to increase the total
project budget amount to $645,000, including the
cost of the Construction Contract in the amount of
$536,880, project contingency in the amount of
$54,000, and engineering and inspection budgets in
the amount of $54,120; and
Authorizing the Finance Director to amend the FY
2019/20 adopted budget to allocate $145,000 in
Community Development Block Grant Funds from
Lytle Creek Community Center Roof Replacement to
the Project; and
Authorizing the City Manager or designee to expend
the contingency fund, if necessary, to complete the
project.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
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Regular Meeting Minutes January 15, 2020
36. Authorization to Proceed with Street Vacation of Portion of Artesia Street
Approved
Motion: Authorize staff to proceed with an investigation and
analysis for the proposed street vacation of a portion
of Artesia Street.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
37. Citywide Safety Camera Maintenance
Approved
Motion: Adopt the resolution.
Reso. No. 2020-4 Resolution of the Mayor and City Council of the City
of City of San Bernardino, California, authorizing the
City Manager to execute a Vendor Service Agreement
between the City of San Bernardino and CelPlan
Technologies, Inc., and to issue a purchase order in
an amount not to exceed $165,000.
RESULT: ADOPTED \[6-0\]
MOVER: Juan Figueroa, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard
ABSENT: Mulvihill
38. Fee Waiver Requests for the Martin Luther King Parade on January 20, 2020
Approved
Motion: Approve a fee waiver for the Martin Luther King
Parade Event on January 20, 2020; and
Authorize an appropriation totaling $3,000 from Fund
247-1001-002 (Cultural Development Fee) for Public
Works- Street Maintenance overtime costs to provide
assistance for event.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
ITEMS TO BE REFERRED TO COMMITTEE
Councilmember Ibarra requested that the City Manager begin talks with the Baseline
Shopping Center for a potential police substation. The City Manager agreed to report
back on progress at the first meeting in March. Councilmember Richard suggested a
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Regular Meeting Minutes January 15, 2020
citywide study of the feasibility of substations and councilmember Mulvihill requested
that the city include the school district police in any study.
Councilmember Nickel wanted a discussion in the Legislative Review Committee
regarding P-Bids and said he would also like the committee to address homeless
encampments and vagrancy in the city and how recent court decisions may effect
enforcement. He also said he would like to study the potential to partially outsource or
privatize code enforcement.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports about conferences or meetings attended.
ADJOURNMENT
The meeting adjourned at 11:16 p.m. in the memory of Bonnie Johnson.
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, February 5, 2020 in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and
Open Session will begin at 7:00 p.m.
By:_________________________
Georgeann “Gigi” Hanna, MMC
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