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HomeMy WebLinkAboutItem No. 07 - Approval of Draft Minutes for June through September 2019 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 19, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By: Georgeann Hanna, MMC, City Clerk Subject: City Council Approval of Draft Minutes for June through September 2019 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the Mayor and City Council meetings of June 5, 2019, June 11, 2019, June 19, 2019, July 17, 2019, August 7, 2019, August 21, 2019, September 4, 2019 and February 5, 2020. Discussion Attached are the draft minutes for the meetings of the San Bernardino Mayor and City Council of the City of San Bernardino, California, for Ju ne 5, 2019, June 11, 2019, June 19, 2019, July 17, 2019, August 7, 2019, August 21, 2019, September 4, 2019 and February 5, 2020. 2020-2025 Key Strategic Targets and Goals Providing the agendas and minutes from the Mayor and City Council is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the Mayor and City Council meetings of June 5, 2019, June 11, 2019, June 19, 2019, July 17, 2019, August 7, 2019, August 21, 2019, September 4, 2019 and February 5, 2020. Attachments Attachment 1 Draft Minutes for June 5, 2019 Attachment 2 Draft Minutes for June 11, 2019 Attachment 3 Draft Minutes for June 19, 2019 Attachment 4 Draft Minutes for July 17, 2019 Attachment 5 Draft Minutes for August 7, 2019 Attachment 6 Draft Minutes for August 21, 2019 6623 Page 2 Attachment 7 Draft Minutes for September 4, 2019 Attachment 8 Draft Minutes for February 5, 2020 Consent Calendar City of San Bernardino Request for Council Action \ Date: February 19, 2020 To: Honorable Mayor and City Council Members From: Gigi Hanna, City Clerk Subject: City Council Approval of Draft Minutes Recommendation Approve the minutes of the Mayor and City Council meetings of June 5, 2019, June 11, 2019, June 19, 2019, July 17, 2019, August 7, 2019, August 21, 2019, September 4, 2019, and February 5, 2020. City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 5, 2019 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, June 5, 2019, in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:30 PM Juan Figueroa Council Member Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Present 5:30 PM James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux Acting City Manager Present 5:30 PM CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2019 i. Robert Vermeer, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1721812 ii. San Bernardino Police Officers’ Association v. City of San Bernardino, San Bernardino Superior Court Case No.: CIVDS1817732 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Reginald Woods of Life Changing Ministries. The Pledge of Allegiance was led by the Mayor. CLOSED SESSION REPORT City Attorney Gary Saenz said there was nothing to report from Closed Session. PRESENTATIONS 1. Chamber of Commerce & Local Elected Officials Announcements Jim Wheeler, Chairman of the Chamber’s board of directors, announced the group’s upcoming events. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Lyseth Mendoza, San Bernardino, spoke about the street vendor ordinance and thanked the council for being willing to listen to the community. She suggested they not waive second reading because there were some issues remaining with the item. Cheryl Brown (speaking on behalf of Hardy Brown), San Bernardino, said he is concerned about the firing of the City Manager, an MOU to give police a 3.5 raise annually until 2020, and the loss of income for salaries to police officers who live outside the community. If the city is good enough to work why are citizens screened out of the employment process when they apply. Luis Ojeda, San Bernardino, thanked city departments for improvement of street cleanliness, tree trimming and repair of potholes. He vo iced a complaint about the police department for not addressing his suggestion for a citizen patrol. He said it is not about money but lack of creativity and willingness to work with the community. David Friedman said some cities have had great results in using horse mounted patrols in their downtown area. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2019 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 items 12 and 19, Councilmember Ibarra pulled items 6, 8, 10 and 12. Councilmember Figueroa pulled items 6 and 12. Councilmember Nickel pulled items 17 and 18. The City Manager pulled items 7 and 23 because they need more time to work on them. She also moved item 16 to the staff report. City Attorney asked that item 24 be continued to the next meeting. The remaining items were adopted with the following vote: RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated June 5, 2019. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 3. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for May 2019. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 4. City Council Approval of Draft Minutes Approved Motion: Approve the minutes of the Mayor and City Council Regular Meeting of May 15, 2019 and Special Meeting of May 29, 2019. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2019 5. Update the Basic Compensation Plan for San Bernardino Police Department Approved Motion: Adopt the resolution. Reso. No. 2019-149 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, 2018 and approving a basic compensation plan for the San Bernardino Police Department. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 6. Approval of Proposed Professional Service Agreements with Hilltop Geotechnical, Inc., Koury Engineering & Testing, Inc., and Terracon Consultants, Inc. for On-Call Geotechnical Engineering Consultant Services Approved Motion: Adopt the resolution. Reso. No. 2019-67 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a two-year Consultant Services Agreement to Hilltop Geotechnical, Inc., Koury Engineering & Testing, Inc., and Terracon Consultants, Inc. for as needed on-call geotechnical engineering services, in a total amount not to exceed $100,000; and authorize the City Manager to execute the proposed Professional Service Agreements. RESULT: ADOPTED [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 7. Second Amendment to the Vendor Services Agreement for the Center for Employment Opportunities Approved Motion: Continue to June 19, 2019 meeting. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2019 8. Fourth Amendment to the Vendor Services Agreement for West Coast Arborists, Inc. for Tree Services Approved Motion: Adopt the resolution. Reso. No. 2019-72 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to authorize a Fourth Amendment to the Vendor Services Agreement with West Coast Arborists, Inc. in an amount not to exceed $400,000 for cycle pruning (grid trimming) of trees and other related tree services. RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra 9. Award of Construction Contract for Pavement Rehabilitation at Ten Locations to All American Asphalt Approved Motion: Adopt the resolution. Reso. No. 2019-73 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with All American Asphalt in the amount of $4,463,962 for Pavement Rehabilitation at Ten Locations; authorize the construction contingency in the amount of $446,000; authorize the Finance Director to amend FY 2018/19 adopted budget to allocate Measure I Funds to the project and amend street segments account to reflect the updated unit price per segment; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Award of Consultant Services Agreement to Ninyo & Moore Geotechnical & Environmental Sciences Consultants for the Montgomery Ward Service Center Soil Vapor Extraction Pilot Test Work Plan Implementation Approved Motion: Adopt the resolution. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2019 Reso. No. 2019-80 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Consultant Services Agreements to Ninyo & Moore Geotechnical & Environmental Sciences Consultants in the amount of $193,384.90 for the Montgomery Ward Service Center soil vapor extraction pilot test work plan implementation. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Intent to Form Community Facilities District No. 2019-1 (Maintenance Services) and Levy Special Taxes – TR 17170 Approved Motions: Accept the Petition from the developers to form Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1” or “CFD”), Exhibit E of attached Resolution No. 2019-81; Adopt the resolution; and Set a public hearing for July 17, 2019. Reso. No. 2019-81 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, and authorizing the levy of special taxes therein to finance certain services. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 12. Professional Public Opinion Research and Strategic Communication and Public Education Services – Sunset of Measure Z $0.25 Sales Tax in April 2022 Approved Motion: Adopt the resolution. Reso. No. 2019-82 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of Professional Services Agreements with Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research) for professional polling and public opinion research and Terris Barnes Walters Boigon Heath, Inc. (TBWB Strategies) for strategic communication and public education services for a revenue measure. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2019 RESULT: ADOPTED [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Ibarra, Figueroa Failed Motion: Award the policy research contract but shorten the time for research to 8 months. RESULT: FAILED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Ibarra, Figueroa 13. Revised Five-Year Capital Improvement Program (FY 2018/19 to FY 2022/23) for Measure I Local Expenditures Approved Motion: Adopt the resolution. Reso. No. 2019-83 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Five-Year Capital Improvement Program (FY 2018- 2023) for Measure I Local Expenditures. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Fiscal Year 2019-20 Assessment Levies for Previously Formed Assessment Districts Approved Motion: Adopt the resolutions. Reso. No. 2019-87 through Reso. 2019-148 Resolutions of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to levy and collect assessments for FY 2019/20 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district and providing notice of the time and place of hearing on proposed assessments in each assessment district. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 15. Amendment Number Six to Increase Contract Amount for Professional Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, and Counter Services Approved Motion: Adopt the resolution. Reso. No. 2019-151 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment Number Six to increase the contract amount of a Professional Services Agreement with Willdan Engineering in an amount not to exceed $310,000.00 for Plan Review, Construction Inspection, Stormwater Management, and Counter Services. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Approval to Submit a Grant Application to California Department of Parks and Recreation Office of Grants and Local Services for Renovation of Seccombe Lake Park This item was moved to Staff Reports for consideration 17. Appropriate Funding for Facilities Improvements Approved Motion: Authorize the Director of Finance to amend the FY 2018/19 Budget and appropriate $1,000,000 from the General Fund Capital Improvement (CIP) Reserve for 1.) ADA Access to 201 Building ($500,000); and 2.) Various facility improvements to Community Centers ($500,000). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2019 18. Replacement of Meadowbrook Bridge Approved Motion: Direct staff to return to council with the cost of demolition of the bridge and cost for rebuilding the fire damaged bridge at Meadowbrook Park. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. Setting the 2019 Regulatory Fee Rate for the Sale of Fireworks Speakers Harry Hatch Nancy Harmon Howard Wright Shawn Kelly Approved Motion: Adopt the resolution. Reso. No. 2019-86 Resolution of the Mayor and City Council of the City of San Bernardino, California, setting the 2019 Regulatory Fee Rate of 10% for the sale of fireworks in the City of San Bernardino. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill STAFF REPORTS *Item 16 was moved and considered under Staff Reports 16. Approval to Submit a Grant Application to California Department of Parks and Recreation Office of Grants and Local Services for Renovation of Seccombe Lake Park Speakers Alex Beltran David Friedman Approved Motion: Approve the submittal of a grant application to the California Department of Parks and Recreation Office of Grants and Local Services for the renovation and improvements of Seccombe Lake Park. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Agreements for Visual and Performing Arts Grant Recipients Speakers Jennifer Kane Darcel Cannady Anne Viricel Ernie Garcia Zakariah Gutierrez Christopher Farrell Ali Sanders Morgan Burgee Dorothy Garcia Julia Vesa Brian Wing Andrew Thompson David Friedman Elena Carrasco Stacey Frazier Rosa Cobos Tatiana Ochoa Jose Ledesma Approved Motion: Adopt the resolution. Reso. No. 2019-84 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to execute 15 Visual and Performing Art Grant Agreements with recipients recommended by the Arts and Historical Preservation Commission for FY 2018/19. RESULT: PASSED [5-2]* MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Shorett, Mulvihill NOES: Figueroa, ABSTAIN: Sanchez, Ibarra *Senior Assistant City Attorney Carvalho announced that the motion passes because laws allow abstentions to be considered yes votes. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/11/2019 Failed Motion: Grant the funds recommended with exception of CSUSB Opera Theater, San Bernardino City Unified School District’s visual and performing arts request ($13,500), San Bernardino City Unified School District’s request for $12,350, San Bernardino Valley College Foundation and the San Bernardino Valley College Concert Association RESULT: FAILED [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, W ard 3 AYES: Sanchez, Figueroa NOES: Ibarra, Shorett, Nickel, Richard, Mulvihill 21. SCAG Regional Conference and General Assembly Update – May 1-3, 2019 Council Member Jim Mulvihill provided an oral report. No vote was taken on this item. 22. Amendment to Sections 5.36.060 and 5.36.110 Title 5 of the San Bernardino Municipal Code Pertaining to Non-Profit Bingo Games Approved Motion: Adopt the ordinance. MC-1520 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Sections 5.36.060 and 5.36.110 of the San Bernardino Municipal Code pertaining to non-profit bingo games. RESULT: PASSED [5-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Ibarra, Richard 23. Introduction and First Reading of Ordinance No. MC-1521 - an Ordinance of the Mayor and City Council of the City of San Bernardino, California, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code Related to Various Code Enforcement Procedures, Including the City’s Administrative Hearing Procedures and Appeals Procedures This item was continued to the June 19, 2019 meeting. 24. Adding Chapter 5.30 of Title 5 to the San Bernardino Municipal Code Imposing Regulations on Sidewalk Vending Approved Motion: Introduce, read by title only, and waive further reading of Ordinance MC-1517. Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/11/2019 MC-1517 Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 5.30 of Title 5 to the San Bernardino Municipal Code imposing regulations on sidewalk vending. RESULT: PASSED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NOES: Shorett 25. Review and Possible Termination of Professional Services Agreement with Stradling Yocca Carlson & Rauth, P.C. for Reorganization and Financial Restructuring Advice Approved Motion: Terminate contract with Stradling Yocca Carlson & Rauth, and negotiate transferring the bankruptcy legal work to BB&K. RESULT: PASSED [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Nickel, Richard, Mulvihill PUBLIC HEARINGS 26. Public Hearing to Consider the Vacation of Portions of “I” Street, Broadway Street and Main Street, South of 3Rd Street and the Reservation of Utility Easements Therein Speakers I Street homeowner (no name given), opposed Jason Desjardins, applicant Approved Motion: Adopt the resolution. Reso. No. 2019-152 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of “I” Street, Broadway Street and Main Street, for Plan No. 13218 and the utility easements therein. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes June 5, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/11/2019 27. Development Code Amendment 19-01 Commercial Cannabis Activities Speakers Chris Kim Chad White Jose Reyes The mayor left the meeting at 11:40 p.m. Approved Motion: Continue the item to June 19, 2019 meeting. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ADJOURNMENT The meeting adjourned at 11:46 p.m. The next meeting of the Mayor and City Council will be held at 5:30 p.m. on Tuesday, June 11, 2019 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. The next 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 19, 2019 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 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE SPECIAL 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY TUESDAY, JUNE 11, 2019 5:30 PM The Special 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 Tuesday, June 11, 2019, in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Georgeann "Gigi" Hanna City Clerk Present Gary D. Saenz City Attorney Present Teri Ledoux City Manager Present PLEDGE OF ALLEGIANCE Councilmember Henry Nickel led the Pledge of Allegiance. Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Special Meeting DRAFT Minutes June 11, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/4/2020 Public Comment for Items on the Agenda Cherie Bronstrop, San Bernardino, said our town is looking like a ghost town or war zone and asked that the council leave the libraries alone and not cut fire, code enforcement or police positions. Mike Hartley, San Bernardino, said he was shocked and dismayed by the council’s plan to cut some elected officials’ salary by as much as 60 percent. He asked why the mayor, council, acting police chief aren’t taking cuts and said that it was being done i n spite because certain people are not playing the mayor’s games. He said the notion that the city could cut code enforcement, when it is the largest revenue generating department in the city, indicates influence that slumlords have on the policymakers and said that if they continue the path that they are on, the 2020 elections will bring change. Mona Harnish, San Bernardino, asked that the city not cut police department or code enforcement because safety is important to bringing people to the city. She suggested that the council take the same cuts anyone else does. Patrick Morris, San Bernardino, said the proposal to cut elected officials’ salary is ill advised and unconstitutional and cited Olson v. Corey, a case wherein he was a plaintiff. Salary is a contractual right and also mentioned an AG opinion on the subject. The mayor and council can expect a lawsuit and he said he is confident that they will be successful in every aspect of the lawsuit and the costs will be far more than the projected savings. Treasure Ortiz, San Bernardino, asked what the council is doing in following the Ad Hoc committee’s recommendations to cut elected officials’ salaries. This is about retaliation against the city clerk and trying to control the information coming out of the city. The games the council plays is annoying to watch and leaving a mark on the city. She said you can buy votes but you cannot buy loyalty or respect when it becomes clear that you don’t care about the people you represent. Cheryl Brown (on behalf of Hardy Brown), San Bernardino, said he understands cutting budgets and it is never easy, but the first place a leader begins is within their own staff. He said the mayor and council should return the mayor and council staff to the level it was before the mayor took office. Before you hire a political firm to poll citizens to extend Measure Z, you should do a better job. My vote is no. You have not demonstrated that you are better stewards of our money. Esmerelda Negrete, San Bernardino, there is no alignment in budgets and contracts and the people have seen reductions of services. Many of us voted because we were made promises. The promotions within the police department do not align with the ode, violated PRA in effort to reduce the City Clerk position and we can all work on a recall. PJ Seleska, San Bernardino, said the mayor and city council took an oath to uphold the constitution and protect from enemies foreign and domestic and said she did, too, and would tell the truth about the Mayor’s attempt to bribe the City Clerk, to starve her or run her off, none of which will happen. She suggested there may be a conspiracy and that she has had enough with the bullying and besmirching of her spouse and called for the mayor’s resignation. Robert Porter, San Bernardino, said he’d been attending meetings for several years and the same things are happening now as before, even with the Charter change . For a long time he has complained about what was going on with the city. Now that the city is Special Meeting DRAFT Minutes June 11, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/4/2020 in a budget hole, he expects the mayor and council to work together to get the city out of it. Linda Saenz, San Bernardino, expressed her extreme disappointment with administration about their proposal to cut the City Attorney’s salary. She spoke about Gary Saenz’ work with the city since his election. She asked if he deserved it or the kind of send-off he deserved. If council believes that a legislative advocate will make any difference for the city, it should be paid with some other income than the salary of the elected officials. She said she was disappointed and embarrassed about the city’s policymakers. Cora Meyer, San Bernardino, said she was stuck on the police department MOU. It is hard to find people to come work here so she doesn’t agree with cutting salaries. She said she disagreed that the MOU calls for retirement income being based on one year of service and said she wants qualified trained people in the police department and need to cut the fat because we are paying for these people who got promoted for one year. She suggested that drones might be a way to save budget funds. Tim Prince, San Bernardino, asked that the council not cut the libraries and suggested partnerships with the schools to save money. Regarding elected officials’ salaries, this is an issue that is not new, and has already been decided by the courts, and cited the Juanita Scott case. You are beginning to see the problems with the new Charter, including loss of elected City Clerk and City Attorney. Stand behind them and don’t cut salaries. Barbara Babcock, San Bernardino, said she loves the city and hates to see what is happening to it. She said it seems that the city could be facing a claim for hostile workplace, and read an email from the Mayor’s Chief of staff to the City Clerk regarding the process for releasing public records. Valerie Lichtman, San Bernardino, spoke on behalf of funding for the libraries. There are many poor people need the services of the library. Mary Chartier, San Bernardino, said libraries touch lives, especially those of young people. She spoke of a young artist who began in San Bernardino’s Ingraham Library, and went on to work for Disney, as well as several other people who used the local libraries. Majid Seraj said it is relevant to discuss cannabis license in the context of budget crisis. Councilmembers who voted to oust former City Manager should also consider that her decisions regarding the city’s cannabis policies were questionable an exceeded the city council’s and city manager’s statutory authority. Fred Shorett (on behalf of Mary Cox), San Bernardino, said code enforcement is a revenue source for the city and add at least $1 million to the general fund and asked why there was a proposal to fire them and outsource them. Doing so would be a disservice to the city. STAFF REPORTS 1. Proposed FY 2019/20 Operating Budget Review – Continued Discussion The Mayor and Council were presented the Proposed FY 2019/20 Operating Budget and provided staff direction. 2. Presentation of FY 2019/20 Capital Improvement Program (CIP) The Mayor and Council were presented the Proposed FY 2019/20 Capital Improvement Program (CIP). No vote was taken on this item. Special Meeting DRAFT Minutes June 11, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/4/2020 3. Establishment of the Legislative Review Council Sub-Committee Approved Motion: Adopt the resolution. Reso. 2019-153 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Legislative Review Council Sub-Committee. RESULT: ADOPTED [4-1] MOVER: Henry Nickle, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Nickel, Richard, Mulvihill NOES: Shorett ABSENT: Ibarra ADJOURNMENT The meeting adjourned at 8:20 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 will be held on Wednesday, June 19, 2019 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 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 19, 2019 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, June 19, 2019, in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:30 PM Juan Figueroa Council Member, Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Present 5:30 PM James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux Acting City Manager Present 5:30 PM CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2019 i. Charmaine Flores v. City of San Bernardino, United States District Court Case No. 5:19-cv-00569 DSF (SHKx) ii. Emma Sanchez, et al. v. City of San Bernardino, United States District Court Case No 5:19-00345 DMG (SHKx) B. PUBLIC EMPLOYEE APPOINTMENT Title: City Manager C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4): Two cases E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8: Property Address: An approximately 18 acre vacant site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues – APNs 11-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041- 25 to 32 Agency Negotiator: Michael Huntley, Director of Community and Economic Development Negotiating Parties: Mark Development, Inc. Under Negotiation: Price and Terms of Payment INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Ron Esparza, of Living Waters Community Church. Melina Parra, second grade student from Ramona Allesandro Elementary School, led the Pledge of Allegiance. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho made the following report:  Item B. The mayor and Council voted 7-1, with Councilmember Ibarra voting no, to appoint Teri Ledoux City Manager for a term of 18 months.  Item C addressed the threat of litigation filed by Gigi Hanna and gave direction to the City Attorney.  Authorized by a unanimous vote to file two receivership cases on a properties at 1450 E Date and 1560 E Date. APPOINTMENT 1. Planning Commission Appointment Approved Motion: Appoint Helen Chang to the Planning Commission. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill PRESENTATIONS 2. Citizen of the Month – David Friedman and Tansu Philip, Viva La Boba – Council Member Theodore Sanchez Councilmember Sanchez honored Mr. Friedman and Ms. Philip as Citizens of the month. They thanked the council for the honor and used the opportunity to discuss revitalization efforts in downtown and how difficult is to open a business in San Bernardino. Ms. Philip thanked the city for the award and added that the city needs to do better. 3. Chamber of Commerce & Local Elected Officials Announcements No announcements were made. 3A (Item added after the posting of the agenda). Community Policing Update Acting Chief McBride provided an update on the changes in the Police Department and introduced the officers working in different districts in the city. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Sam Ho, International We Love You Foundation, spoke about the visio n and purpose of the group of delivering mother’s love to the whole world with disaster relief, charitable giving and other efforts. He invited people to their upcoming blood drive in San Bernardino. Darryl Terrell, Moreno Valley, said that even with cost saving measures, the general fund deficit will continue to grow. He said he had a way forward including Government Finance Officers Association suggestion for a two -year budgeting process and priority based budgeting. Esmerelda Negrete, San Bernardino, spoke about a potential Municipal Code violation for a bid award and awarding a bid to All America Asphalt and questioned why the council is interested in giving this contract when a San Bernardino business should have received the contract. She also spoke about conflict of interest requirements and questioned why a city employee can serve on a committee. She read a portion of the Charter about interference in administrative efforts of the City Attorney and the City Clerk by the Mayor’s Chief of Staff. Mike Hartley, San Bernardino, asked that the City keep the community policing team. He spoke of criminal incidents in the city and asked how the police department would be able to handle multi-family housing inspections. Treasure Ortiz, San Bernardino, said that councilmember Richard’s comments at the previous meeting blaming public’s comments about the city’s economic woes were disrespectful and showed a lack of leadership. She said code enforcement were a revenue driver and told the council to not diminish t he value of the city for their own personal gain and do what the residents expect – revitalization. She said the council has an obligation and duty to public service. PJ Seleska, San Bernardino, said San Bernardino officials routinely use their office to retaliate and announced that SB Times Up is a means for reporting corruption. She also Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2019 encouraged people to report the mayor’s chief of staff to the State Bar and suggested reporting councilmembers to the District Attorney Public Integrity Unit for interfer ing with the City Attorney and performance of his duties and the City Clerk and the performance of her state mandated duty to provide public documents to the public. Gregory Taylor, San Bernardino, said he makes reports on the CRM system daily and said the dirty city is a reflection of the mayor. He said he expected the mayor to make a change and has seen none. Dr. Newman, San Bernardino, spoke about a parking citation he received in 2015 for having an RV for sale on private property and paid the citation the same year. He was informed in 2019 that he still owed the fee and the Franchise Tax Board would be taking the $35 fee from his tax return. He complained about not receiving the refund yet. Thomas Fleming, San Bernardino, suggested the mayor and council get help from the African American community in helping clean up the city. Carey Davis, San Bernardino, read portions of the previous City Manager’s contract concerning prohibitions on public comments to the press. He suggested that the council become comfortable with the terms of the contract and said following it would build trust. He also spoke about the Pendency Plan and how current decisions to add more management in the Police Department did not comply with it. He said it was a short and long term irresponsible fiscal action. Paul Sanborn, San Bernardino, spoke about a special assessment on every parcel in the town to have more money for the police department. He also asked what other town has two parks within two blocks of each other. The $800,000 the city received in insurance funds for the burning of the bridge at Meadowbrook Park could be used for parking for the courts and take west side of Meadowbrook Park for parking. John Shollenberger, San Bernardino, said he did not agree with the rationale behind the salary cuts to the City Attorney, City Clerk and Treasurer. He said the cuts are not wise while their tenures continue and suggested a restructuring after they leave office. He suggested that the council be the first to step up and take pay redu ctions and set the example. Savannah Taylor, San Bernardino, said homeless people have begun wandering into her church’s choir rehearsal and disrupted them. She is frustrated that when her family goes to places outside of the city they don’t see the same h omeless problems that she does in San Bernardino. Luis Ojeda, San Bernardino, said people are welcome to join We Are the Change in their weekly cleanups. He spoke about other cities supporting their market nights, whereas San Bernardino does not. He asked that the council support the Food Fest. Tim Prince, San Bernardino, said he has not seen any development or progress in the first six months of the new term. What we have seen is divisive measures that don’t move the city forward and cost the city more money than they can save. He said he sees the City Clerk as the first victim on the chopping block. He predicted the city would have legal problems with the decision. He said that the city was paying BB&K too much for their services. Jim Penman, San Bernardino, said he was concerned about a letter that the council received regarding cutting the salary cuts. He said the council has the authority to remove the Clerk, Attorney and Treasurer and they would be better off if sued for that Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2019 than for lowering their salaries. He said they should strongly consider how they are going about the issue. 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 Figueroa pulled item 17. Councilmember Shorett pulled item 6. Councilmember Nickel pulled item 8. Councilmember Richard pulled 15 because she has a conflict. Councilmember Mulvihill pulled item 18. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated June 19, 2019. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 5. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for May 2019. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2019 6. Cancellation of July 3, 2019 City Council Meeting Approved Motion: Approve the cancellation of the July 3, 2019 City Council Meeting and the June 19th meeting be adjourned to July 17, 2019. RESULT: ADOPTED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Richard NOES: Shorett, Nickel, Mulvihill 7. March and April 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 April 2019. The City Manager made a change on item 21 to ask council to use economic development ad hoc committee. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 8. Excess Insurance for Fiscal Year 2019-2020 Approved Motion: Adopt the resolution. Reso. No. 2019-68 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to purchase California State Association of Counties Excess Insurance Authority (CSAC-EIA) insurance for excess workers’ compensation coverage and to purchase stand-alone commercial coverage for excess liability insurance with Aon for Fiscal Year (FY) 2019-2020. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2019 9. Authorization to Issue Purchase Orders to Renew Annual Software and Hardware Maintenance Service Agreements for FY 2019-2020 Approved Motion: Authorize the City Manager or her designee to authorize a three year maintenance agreement with ESRI and issue Purchase Orders for annual software and or hardware support for the Fiscal Year 2019- 2020 with Accela Corporation, Dell/EMC, Earth Science Research Institute (ESRI), Konica Minolta, and NPA Computers as outlined in the report. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 10. Authorize the Award of a Purchase Order for Purchase of Police Department Building Camera Maintenance and Expansion from CelPlan Technologies, Inc. in an Amount Not to Exceed $52,000 Approved Motion: Authorize the City Manager or her designee to award a purchase order for purchase of Police Department building camera maintenance and expansion from CelPlan Technologies, Inc. in an amount not to exceed $52,000. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 11. Authorize Agreement with Phoenix Group Information Systems Approved Motion: Adopt the resolution. Reso. No. 2019-154 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between Phoenix Group Information Systems and the City of San Bernardino for enforcement of the Security Alarm Systems Ordinance. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2019 12. Second Amendment to the Vendor Services Agreement for the Center for Employment Opportunities Approved Motion: Adopt the resolution. Reso. No. 2019-71 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to authorize a Second Amendment to the Vendor Services Agreement between the City of San Bernardino and the Center for Employment Opportunities for citywide landscape maintenance services and weed abatement; and authorizing the Director of Finance to issue an annual purchase order in an amount of $550,000 with four (4) one-year extensions at the City’s option. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 13. Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Commission (Authority) for the I- 215/University Parkway Interchange Project (SS04-019)) Approved Motion: Adopt the resolution. Reso. No. 2019-161 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Cooperative Agreement No. 19-1002205 with San Bernardino County Transportation Commission (Authority) relating to the proposed Interstate 215/University Parkway Interchange Project (SS04-019). RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2019 14. Award of Construction Contract for Rudy Hernandez Community Center HVAC Upgrade Approved Motion: Adopt the resolution. Reso. No. 2019-163 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with WCM & Associates, Inc. in the amount of $148,500 for Rudy Hernandez Community Center HVAC Upgrade; authorize the construction contingency in the amount of $14,500; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 15. Landscape Maintenance Services at LMDs Councilmember Richard abstained from the vote because she has a conflict. Approved Motion: Adopt the resolutions. Reso. No. 2019-158 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to authorize a Vendor Services Agreement with Inland Empire Landscape, Inc. in the amount of $559,291 for landscape maintenance services in designated Landscape Maintenance Districts (LMDs). Reso. No. 2019-159 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to authorize a Vendor Services Agreement with Service Scape, Inc. in the amount of $97,225 for landscape maintenance services in designated Landscape Maintenance Districts (LMDs). Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2019 RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Richard 16. Award of Construction Contract for Facility Replacement - Roof at Various Locations Approved Motion: Adopt the resolution. Reso. No. 2019-160 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with San Marino Roof Co. Inc. in the amount of $389,242 for Facility Replacement - Roof at Various Locations; authorize the construction contingency in the amount of $38,000; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 17. Award of Construction Contract for Pavement Rehabilitation at Twelve Locations to All American Asphalt Approved Motion: Adopt the resolution. Reso. No. 2019-156 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with All American Asphalt in the amount of $ 4,434,390.49 for Pavement Rehabilitation at Twelve Locations; authorize the construction contingency in the amount of $443,000; authorize the Finance Director to amend FY 2018/19 adopted budget to allocate Measure I Funds to the project and amend street segments account to reflect the updated unit price per segment; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Final Reading - Chapter 5.30 to Title 5 of the San Bernardino Municipal Code Imposing Regulations on Sidewalk Vending Speakers Luis Ojeda Approved Motion: Adopt the ordinance. MC-1517 Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 5.30 to Title 5 of the San Bernardino Municipal Code imposing regulations on sidewalk vending. RESULT: ADOPTED [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill 19. Final Reading - Sections 5.36.060 and 5.36.110 of Title 5 of the San Bernardino Municipal Code Pertaining to Non-Profit Bingo Games Approved Motion: Adopt the ordinance. MC-1520 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Sections 5.36.060 and 5.36.110 of Title 5 of the San Bernardino Municipal Code pertaining to non-profit bingo games. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/11/2019 20. Ratify Submission of Application, Accepting of a Contribution Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program Approved Motion: Adopt the resolution. Reso. No. 2019-155 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 and appropriate the funds to the General Budget for the Summer Aquatics Programs in the amount of $58,500 for FY 2019/20. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 21. Establish the Revenue Council Ad Hoc Sub-Committee Approved Motion: Adopt the resolution and appoint Council Member Shorett as a voting member to the Economic Development Council, with Henry Nickel as Chair and Theodore Sanchez as a voting member. Reso. No. 2019-165 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the Revenue Ad Hoc Sub-Committee. RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 22. Refund of County Lien Payments to Burrtec Waste Industries Approved Motion: Authorize the Director of Finance to 1.) appropriate $212,680.44 from General Fund reserves and, 2.) remit payment of $212,680.44 to Burrtec Waste Industries for lien payments collected by the City in FY 2017/18 on behalf of Burrtec for unpaid solid waste collection services. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/11/2019 RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine L. Richard, Council Member, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra * At this point in the meeting, City Manager Ledoux introduced Paul Espinoza, the new Finance Director, who will join the City on July 1, 2019. STAFF REPORTS 23. Increase in the Maximum Permitted Service Rate for Integrated Solid Waste Collection, Processing and Disposal Services Approved Motion: Adopt the resolution. Reso. No. 2019-162 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the increase in the maximum permitted service rates for integrated solid waste collection, processing, disposal, and related services for FY 2019/20. RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Ibarra 24. 44Th Annual NUSA Conference “Opening Doors to the Future” – May 15-18, 2019 Councilmembers Ibarra and Nickel gave oral reports about the NUSA conference. No vote was taken on this item. 25. ICSC Recon Conference Update – May 19-22, 2019 Mayor Valdivia and councilmembers Ibarra, Nickel and Richard gave oral reports about the ICSC Recon Conference. No vote was taken on this item. 26. Reconsideration of Item #20 on 6/5/2019 Council Agenda - Agreements for Visual and Performing Arts Grant Recipients Assistant City Attorney said she had made an error in the previous meeting when she said that abstain votes are considered a yes vote. She clarified that that is the case, but only when the vote is tied. If it is not tied, then the abstention votes go to the majority. Speakers Edward Deon Brian Wing Jennifer Kane Stacey Frazier Jessica Swanson Madeline Scully Dorothy Garcia Peter Llamas Dominic Oster Andrew Thompson Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 10/11/2019 Approved Motion: Reconsider the item. RESULT: ADOPTED [5-2] MOVER: Juan Figueroa, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Mulvihill NOES: Nickel, Richard Approved Motion: Adopt the resolution. Reso. No. 2019-84 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to execute 15 Visual and Performing Arts Grant Agreements with recipients recommended by the Arts and Historical Preservation Commission for FY 2018/19 presented on June 5, 2019 (Item #20). RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Mulvihill ABSENT: Figueroa, Nickel, Richard 27. Amendment to Legal Services Agreement with Best Best & Krieger LLP Approved Motion: Adopt the resolution. Reso. No. 2019-166 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Acting City Manager to execute an amendment to the Agreement for Municipal Legal Services and City Attorney Services with Best Best & Krieger, LLP to provide reduced rates for code enforcement matters. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 28. Plan of Adjustment Progress Report The Plan of Adjustment progress report was received and filed. No vote was taken on this item. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 15 Printed 10/11/2019 PUBLIC HEARINGS 29. Approval of the Fiscal Year 2019/20 Proposed Operating Budget, Capital Improvement Program, Appropriations Limit Calculation, and Fiscal Year 2019/20 Salary Schedule Approved Motion: Adopt the resolution. Reso. No. 2019-168 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2019/20 and establishing the City’s Appropriations Limit as required by Article XIII of the California State Constitution, and authorize the Finance Director to amend the FY 2019/20 Budget to fund the recruitment costs for Department Director positions, as needed, using the salary savings of those positions, and adopt Resolution No. 2019-167 of the Mayor and City Council of the City of San Bernardino, California, and amending the salary schedule for full-time non-safety classifications of the City of San Bernardino for Fiscal Year 2019/20. RESULT: ADOPTED [4-3] MOVER: Henry Nickel, Council Member Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill 30. Prop 218 Public Hearing to Increase Commercial Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services Speaker Michael Aragon, VP, Burrtec Waste Industries Approved Motion: Conduct a Public Hearing pursuant to Proposition 218 (California Constitution Art. XIIID, § 6) on the proposed increase to the Maximum Permitted Service Rate with Burrtec Waste Industries, Inc.; and Adopt the resolution. Reso. No. 2019-157 Resolution of the Mayor and City Council of City of San Bernardino, California, declaring the result of the Proposition 218 protest count for the proposed adjustment to the maximum permitted service rates for integrated solid waste collection, processing, disposal, and related services and approve Fiscal Year 2019/20 commercial rate increase of 13.86%. Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 16 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill * The Mayor left the dais at this point in the meeting, 10:42 p.m. 31. Development Code Amendment 19-01; and Amendment to Title 5, Section 5.10.250 City Clerk Hanna swore in those who wished to speak on the item. Speakers Chad White, support Majid Seraj, oppose Sung Kim, oppose Approved Motion: Introduce for first reading, Ordinance No. MC-1519; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on July 17, 2019. MC-1519 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 5.10.250 of the City of San Bernardino Municipal Code relating to the location of cannabis businesses and approving Development Code Amendment 19-01 amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code relating to Commercial Cannabis Activities pursuant to Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard ABSENT: Mulvihill Regular Meeting DRAFT Minutes June 19, 2019 Mayor and City Council of the City of San Bernardino Page 17 Printed 10/11/2019 REQUESTS FOR FUTURE AGENDAS Councilmember Ibarra requested that the issue of fireworks be agendized for a future meeting. She also requested that the city issue an RFP for licensed contractors to state the needs of the animal shelter. ADJOURNMENT The meeting adjourned at 11:02 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 will be held on Wednesday, July 17, 2019 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 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, JULY 17, 2019 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 Valdivia on Wednesday, July 17, 2019, in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:30 PM Juan Figueroa Council Member, Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Present 5:30 PM James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:30 PM Gary D. Saenz City Attorney Present 5:30 PM Teri Ledoux City Manager Present 5:30 PM CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/11/2019 i. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 ii. Pepe’s, Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:18-cv-02277-SVW (SPx) iii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 iv. The City of San Bernardino, et al. v. Arrowhead Lodge No. 896, et al., San Bernardino Superior Court Case No. CIVDS1915640 v. Arrowhead Lodge No. 896 v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases C. CONFERENCE WITH LABOR NEGOTIATOR – Pursuant to Government Code Section 54957.6: Title: City Manager INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Jim Hall of Generations Church. The Pledge of Allegiance was led by Eli Sanchez, 2nd grade student o Cram Elementary school. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho said there was no reportable action taken in Closed Session. APPOINTMENTS 1. Animal Control Commission Reappointment Approved Motion: Approve the reappointment of Ms. Jodi Buckley to the Animal Control Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill 2. Arts and Historical Preservation Commission Appointment Approved Motion: Approve the reappointment of Ms. Jodi Buckley to the Arts and Historical Preservation Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/11/2019 3. Planning Commission Reappointment Approved Motion: Approve the reappointment of Ms. Elizabeth P. Sanchez to the Planning Commission. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill PRESENTATIONS 4. Citizen of the Month – San Bernardino Community Ho Ho Parade – Council Member Ibarra Councilmember Ibarra recognized the Community Ho Ho Parade Committee. Committee Secretary Deb Matley thanked the Mayor and Council for the honor and for their support over the previous 7 years. 5. Update from Legislative Field Representatives The mayor’s legislative field reps provided an oral report of their recent activities. 6. Chamber of Commerce & Local Elected Officials Announcements Judi Penman announced the Chamber’s upcoming activities. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Cheryl Brown (speaking on behalf of Hardy Brown), San Bernardino, spoke about the progress that the SBPD had in selecting two black officers. He said there are further employment opportunities in the assistant city manager, police chief and assistant chief and captain positions. He asked who in the city ensures compliance with the Equal Employment Opportunity rules. He asked that they include the police department in the upcoming class and compensation study. Treasure Ortiz, San Bernardino, spoke about city staff holding together the city together amid the chaos the Mayor and Council has caused. She spoke about Measure Z and revenues falling short and said there is no course to avoid another bankruptcy. She spoke about decisions she said will threaten the city’s financial stability, including hiring of legal help, and told the council to be better. Clarence Hudson, San Bernardino, spoke about a slurry coat project about to start near his home that effected where he could park, and found notices limiting those areas. He asked that the no parking times be cut in half because residents are being displaced. He said residents did not get adequate notice of the work. Liseth Mendoza, Inland Coalition for Immigrant Justice, spoke about a recent actions at Amazon against their work with Immigrations and Customs Enforcement. Tech companies such as Amazon and Palantier that target and punish immigra nts, people of color incarcerated and formerly incarcerated. She said that a recent discussion with SBPD concerning immigrant issues was not friendly. Celine Perez, Inland Empire Labor Council, stated her concern that SBPD uses technology that can be fed to I.C.E., creating fear and uncertainty. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/11/2019 Shaun Martinez, Teamsters Union, said they are proud to stand with Immigrant Coalition for Justice and said that Amazon has use public money and infrastructure but asked at what cost the convenience comes. Amazon de stroying retail jobs across the country and lowered standards for workers and needs to be held accountable. Patricia Sacks, San Bernardino, said that god wants to make the Carousel Mall and international mall, which would be a draw for people worldwide. He said San Bernardino would be like the city of Goshen for the Isrealites. She said she had a list of E Street businesses and god wants them to create a E street Business group with the businesses taking care of the street. Harry Hatch, San Bernardino, said he knew that there were fires started by Fourth of July fireworks and spoke about the permitting process for the fireworks vendors. He said there is no uniform permit process and the needs one started so all permits are handled in the same way every time. He had the list of the 32 non-profits participating in fireworks sales, and said two of the 501(c)3 organizations had suspended, several were out of state and several had been recruited by the fireworks companies. It appears that the fireworks companies make a lot of money from the sale. Paige Miller, San Bernardino, asked that the council ban all fireworks sales and increase fines; said that the City had seen several City Managers and that residents had warned them that they should not have hired Miller at the salary that she commanded; and said that advocates at the state and federal level were not needed and that was the job of the council and the local elected officials. She asked the council to consider the proposal for animal shelter services submitted by Alice Chow. Jim Penman, San Bernardino, spoke about city history, specifically when the City was sued for too many variances, making the General Plan out of compliance with state law. He said a recent situation wherein the council approved a variance was analogous and asked that the council consider repealing or amending the recent ordinance before the city is sued. Howard Wright, San Bernardino, said he is disappointed that the ouncil is facing a $11 million hit and that the police department would take the biggest hit when it should be the highest priority. He read the crime stats for various parts of the city and spoke about his own experience with a burglary. The police department is undermanned and overtaxed and asked where the money is going. Gregory Taylor, San Bernardino, said his previous concerns had been addressed after the last council meeting and thanked the mayor and councilmember Richard for their help. He said that people need to partner with the city council, mayor and churches to make the City better. Eric Menchaca, We Love You Foundation, spoke about the foundation and its services. Dr. New man, San Bernardino, read from Isaiah, Chapter 10. He said that a parking citation he received was illegitimate and thanked Jackie from the Mayor’s offocie for her efforts to help him in the matter. He asked for the return of $54 on the citation on his motor home in July of 2015. Luis Ojeda, San Bernardino, thanked people for attending the SB Food Fest. He said he is quick to criticize and quick to p raise. The process was challenging, and took three months’ work to gather the proper permits, but some visitors were pleasantly surprised about the success of the event. He invited people to the next event. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/11/2019 Shirley Harlan, San Bernardino, said many people want to continue to have the animal shelter in town. 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. The City Manager pulled item 16 and asked that item 27 be placed under staff reports. Councilmember Ibarra pulled items 10, 11, 13, 14, 19, and 22. Councilmember Shorett pulled item 9. Councilmember Nickel pulled item 12. Councilmember Mulvihill pulled items 23 and 28. The rest of the items were approved with the following vote: RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, 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 July 27, 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for June 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Application for Statewide Park Development and Community Revitalization Program Grant Funds Approved Motion: Adopt the resolution. Reso. No. 2019-164 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the submittal of an application for Statewide Park Development and Community Revitalization Program Grant Funds to the State of California. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/11/2019 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Access Improvements to the Restrooms at the 201 North E Street Building Approved Motion: Adopt the resolution. Reso. No. 2019-188 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with ENL Building Service Inc., in the amount of $187,400 for access improvements to the restrooms at the 201 North E Street Building; authorize the construction contingency in the amount of $18,700; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Access Improvements to the Entrance Doors of the 201 North E Street Building Approved Motion: Adopt the resolution. Reso. No. 2019-189 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with LM Rasmussen Construction in the amount of $87,700 for access improvements to the entrance doors of the 201 North E Street building; authorize the construction contingency in the amount of $8,700; and authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/11/2019 12. Authorize Acceptance of Office of Traffic Safety Grant Approved Motion: Adopt the resolution. Reso. No. 2019-264 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY2019/20 State of California Office of Traff ic Safety Grant in the amount of $485,000. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 13. City Manager Employment Agreement Approved Motion: Adopt the resolution. Reso. No. 2019-184 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Teri Ledoux to commence on July 1, 2019. RESULT: ADOPTED [5-3]* MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard, Valdivia (Mayor votes on City Manager contract) NOES: Ibarra, Shorett, Mulvihill Alternate Motion: Approve a contract for City Manager, keeping the salary at the current salary provided to the Assistant City Manager ($210,000) and requiring performance review at 60 days. RESULT: FAILED [5-3]* MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Fred Shoreet, Council Member, Ward 4 AYES: Ibarra, Shorett NOES: Sanchez, Figueroa, Nickel, Richard, Mulvihill, Valdivia (Mayor votes on City Manager contract). Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/11/2019 14. Professional Services Agreement to Z&K Consultants, Inc. for Staff Augmentation Services Approved Motion: Continue the item to the next Council meeting. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 15. Authorize Acceptance of Urban Areas Security Initiative FY2018 Grant Approved Motion: Adopt the resolution. Reso. No. 2019-169 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the FY2018 Urban Areas Security Initiative Grant in the amount of $308,200. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Final Reading - Development Code Amendment 19-01; and Amendment to Title 5, Section 5.10.250 Speakers Joe Devlin Ben Eilenberg Christopher Kim The mayor stepped away from the dais because he has a c onflict on this item based on business interests. Approved Motion: Accept for final reading and adopt MC-1519 MC-1519 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 5.10.250 of the City of San Bernardino Municipal Code relating to the location of cannabis businesses and approving Development Code Amendment 19-01 amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code relating to Commercial Cannabis Activities pursuant to Chapter 5.10 (Commercial Cannabis Activities) of the Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/11/2019 City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 YES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill * The council took a recess at 10:19 p.m. and reconvened at 10:45 p.m. 17. February, April, May and June 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 May and June 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. NPDES Local Implementation Plan (LIP) Approved Motion: Adopt the resolution. Reso. No. 2019-170 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving NPDES Local Implementation Plan (LIP). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/11/2019 19. Amendment No. 1 to Passenger Amenities Program Agreement with Omnitrans for Current and Future Bus Stops Approved Motion: Adopt the resolution, and negotiate that Omnitrans clean the bus stops and receptacles more often. Reso. No. 2019-171 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 to Passenger Amenities Program Agreement with Omnitrans for current and future bus stops. RESULT: ADOPTED [7-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24) for Measure I Local Expenditures Approved Motion: Adopt the resolution. Reso. No. 2019-172 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan For FY 2019/2020 through FY 2023/2024, Measure I Expenditure Strategy. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. Application for Used Oil Payment Program Approved Motion: Adopt the resolution. Reso. No. 2019-173 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for Payment Programs offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/11/2019 22. San Bernardino County Flood Control District Reimbursement for the Patton Basin Storm Drain Repairs Approved Motion: Adopt the resolution. Reso. No. 2019-174 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving San Bernardino County Flood Control District reimbursement in the amount of $106,348.63 for the Patton Basin Storm Drain Repairs and approve a one-time appropriation from the Storm Drain Fund Balance. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. City Wide Classification and Compensation Study Consultant Speaker Hardy Brown Ap proved Motion: Adopt the resolution. Reso. No. 2019-175 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving a professional services agreement between the City of San Bernardino and Public Sector Personnel Consultants. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/11/2019 24. Purchase of Property, Auto, Terrorism, Difference in Conditions and Cyber Security Insurance Approved Motion: Adopt the resolution. Reso. No. 2019-176 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to purchase the City’s Property, Auto, Terrorism, Difference in Condition (DIC), and Cyber Security Insurance Policies for Policy Term July 31, 2019 to July 31, 2020, and authorizing the Director of Finance to amend the FY 2019/20 Adopted Budget in the amount of $164,215. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 25. Security Services Contract Transfer to Public Works Approved Motion: Authorize the Director of Finance to amend the FY 2019/20 Budget by transferring $150,000 from the Police Department operating budget to the Public Works Department operating budget for the administration and management of the City’s Security Services Contract. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 26. Legislative Update This item was pulled at the request of the City Manager. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/11/2019 * 27. Consider Amendments to Municipal Code Relating to Meeting Decorum Speakers Hardy Brown Shirley Harlan * This item was moved and considered under Staff Reports. No vote was taken on this item. 28. Resolution Rescinding Resolution No. 2015-71 Adopting Operating Practices for Good Governance Approved Motion: Adopt the resolution. Reso. No. 2019-187 Resolution of the Mayor and City Council of the City of San Bernardino, California, rescinding Resolution No. 2015-71 Adopting Operating Practices for Good Governance. RESULT: ADOPTED [5-2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill Approved Motion: Overrule the motion to table the item. RESULT: ADOPTED [4-3] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 6 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra, Shorett, Mulvihill Failed Motion: Table the item. RESULT: No vote taken MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 STAFF REPORTS 29. 2019 League of California Cities Annual Conference Delegate and Alternates Approved Motion: Approve Councilmember Shorett as the voting delegate and Councilmember Mulvihill and Mayor Valdivia as alternates for the League of California Cities Annual Conference October 16-18, 2019 in Long Beach, California. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 10/11/2019 The council approved the item by consensus. 30. Meadowbrook Pedestrian Bridge Approved Motion: Continue the item. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 31. Professional Services Agreements (3) with Stradling Yocca Carlson & Rauth P.C. for Special Legal Services Related to Litigation and Reorganization and Financial Restructuring Approved Motion: Adopt the resolutions. Reso. No. 2019-185 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of two Professional Services Agreements between the City of San Bernardino and Stradling Yocca Carlson & Rauth P.C. related to Reorganization and Financial Restructuring and Litigation Services; and Reso. No. 2019-186 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Professional Services Agreement between the City of San Bernardino Acting as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino and Stradling Yocca Carlson & Rauth P.C. for legal services related to litigation. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra PUBLIC HEARINGS 32. Public Hearing on the Formation of Community Facilities District 2019 -1 (Maintenance Services) for Tract 17170, Adoption of Resolutions Establishing the Community Facilities District, and First Reading of an Ordinance Levying Special Taxes for Fiscal Year 2019-20 The mayor opened the public hearing at 11:47 p.m. It was closed at 11:52 p.m. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 15 Printed 10/11/2019 Recommendations: Hold a Public Hearing; Adopt the resolutions; Introduce Ordinance No. MC-1522; and Schedule the final reading and adoption of Ordinance No MC-1522 for August 7, 2019. Approved Motion: Adopt Resolution No. 2019-178 Reso. No. 2019-178 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2019-1 (Maintenance Services); calling an election for the purpose of submitting the question of the levy of the proposed special tax to the qualified electors of the proposed Community Facilities District; authorizing the levy of special taxes; and establishing the appropriations limit for the proposed Community Facilities District RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Approved Motion: Adopt Resolution No. 2019-179 Reso. No. 2019-179 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) RESULT: ADOPTED [6-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra Approved Motion: Waive reading and introduce Ordinance No. MC-1522 MC-1522 Ordinance of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2019-2020 to pay the annual costs of the maintenance and servicing of Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 16 Printed 10/11/2019 landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 33. Business Registration Liens Approved Motions: Conduct a Public Hearing; and Adopt the resolution. Reso. No. 2019-180 Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties. Conduct a public hearing to receive public comment on the matter, direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 34. Solid Waste Account Liens Approved Motions: Conduct a Public Hearing; and Adopt the resolution. Reso. No. 2019-181 Resolution of the Mayor and City Council of the City of San Bernardino, California, 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. Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 17 Printed 10/11/2019 RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra 35. Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 W. 5Th Street) Mayor Valdivia opened the public hearing and Clerk Hanna swore in those people who wished to speak on the item. Speakers Fernando Castro, oppose Gil Botello, oppose Rick Singh, applicant Michael Lemas, oppose Charlene Walton, oppose Yvonne Flowers, oppose Approved Motions: Conduct a Public Hearing; and Overturn the denial of the Planning Commission f or a Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License to a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the existing Buena Market located at 1338 W. 5th Street, Suite 105 (APN: 0138-115-12) within the Paseo Las Placitas Specific Plan (SP-PLP) area; and requiring size of bottles sold to be equal to or greater than 750 ml and monitoring every 6 months of for two years. RESULT: ADOPTED [4-3]* MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa Shorett, Nickel, Richard, Mulvihill NOES: Sanchez, Shorett, Mulvihill ABSENT: Ibarra *The mayor broke the tie of 3-3 with a yes vote Failed Motion: Accept staff recommendation and approve denial of a hard liquor license to the business Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 18 Printed 10/11/2019 RESULT: FAILED [3-4]* MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Shorett, Mulvihill NOES: Figueroa, Nickel, Richard ABSENT: Ibarra The mayor broke the tie of 3-3 with a no vote 36. Appeal 19-02 – La Cadena Market Conditional Use Permit 18 -25 (1111 W. 9Th Street) Speakers Dick Evett, client representative Mr. Singh, client Violeta Cortez, oppose Approved Motions: Conduct a Public Hearing; and Approve a Type-20 (Off-Sale Beer & Wine) License for the existing La Cadena Market located at 1111 W. 9th Street (APN: 0139-243-13) within the Commercial General (CG-1) zone. RESULT: ADOPTED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa Shorett, Nickel, Richard, Mulvihill ABSENT: Ibarra ITEMS RO BE REFERRED TO COMMITTEE OR ON FUTURE AGENDAS Councilmember Nickel asked that the council consider a higher fine for firework s, a moratorium on mobile homes and modular homes outside of mobile home parks and a creation of a General Plan Advisory Committee and to begin moving forward on discussion of dissolution of the Byce Property Councilmember Figueroa would like the city to have a dialog with the National Orange Show regarding cannabis. And asked how to begin transitioning police out of the Animal Shelter. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS 37. League of California Cities 2019 Policy Committee Update Councilmember Nickel gave a report on his attendance at the League of California Cities 2019 Policy Committee. No vote was taken on this item. 38. League of California Cities - Mayors & Council Members Executive Forum and Advanced Leadership Workshops – June 19-21, 2019 Mayor Valdivia and Councilmembers Sanchez, Figueroa, Shorett, Nickel, Richard and Mulvihill provided oral reports Regular Meeting DRAFT Minutes July 17, 2019 Mayor and City Council of the City of San Bernardino Page 19 Printed 10/11/2019 ADJOURNMENT The meeting adjourned at 12:47 a.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 will be held on August 7, 2019 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 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 7, 2019 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, August 7, 2019, 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 5:30 PM Sandra Ibarra Council Member, Ward 2 Present 5:30 PM Juan Figueroa Council Member, Ward 3 Present 5:30 PM Fred Shorett Council Member, Ward 4 Present 6:00 PM Henry Nickel Council Member, Ward 5 Present 6:01 PM Bessine L. Richard Council Member, Ward 6 Present 6:01 PM James Mulvihill Council Member, Ward 7 Present 6:01 PM John Valdivia Mayor Present 6:00 PM Georgeann "Gigi" Hanna City Clerk Present Gary D. Saenz City Attorney Present Teri Ledoux City Manager Present CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/8/2019 i. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 ii. Pepe’s, Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:18-cv-02277-SVW (SPx) iii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 iv. San Bernardino Police Officer’s Association v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1817732 v. The City of San Bernardino, et al. v. Arrowhead Lodge No. 896, et al., San Bernardino Superior Court Case No. CIVDS1915640 vi. Arrowhead Lodge No. 896 v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One case C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4)): One case INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Howard Long of New Beginning Ministry of Love Church. The Pledge of Allegiance was led by Freddie Ortiz, Jr., 5th grade student from Davidson Elementary School. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho said there was no reportable action from Closed Session. PRESENTATIONS A. (Added after printing of agenda) 2020 Census and Redistricting -- Adan Chavez of National Association of Latino Elected Officials Mr. Chavez gave a report on the California Citizens Redistricting Commission. Chavez is the Regional Census Campaign Manager who explained the importance of the census and redistricting afterward. 1. Chamber of Commerce & Local Elected Officials Announcements There was no report from the Chamber. Andrea Harlan from the Office of Congressman Pete Aguilar spoke about two upcoming events hosted by the Congressman. The first, a citizenship fair for legal permanent residents; the second, a Census recruitment day. * At this point in the meeting, Councilmember Henry Nickle asked that an emergency item be placed on the agenda regarding development of a Transitional Assistance Department building taking place at 27th Street and Little Mountain Road. Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/8/2019 Approved Motion: Add item as an emergency item that arose after the posting of the agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickle, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill The item was to be heard at the end of the Staff Reports section . PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Harry Hatch, San Bernardino, asked for a moment of silence for Dayton, Ohio and El Paso, Texas for their recent shootings. He also discussed the problem of reporting of part 1 crimes not being reported by city PD of county’s fire department leading to an inability to apply for grants under the federal stats. No arsons reported in the city in the past year. Continuing to gather information about fireworks to show what it really costs the city. Cheryl Brown (on behalf of Hardy Brown), San Bernardino, expressed condolences for Dayton ad El Paso. This kind of hate is being driven by a political party that has been silent while people spew hateful rhetoric and asked that the council pass a resolution decrying this. He thanked the mayor for being a speaker at Westside Action Group and said that they would like to eventually have all council members and the City Manager as guest speakers. Cheryl Brown, San Bernardino, said everybody should be concerned about the redistricting process. She said she fought to keep San Bernardino in the same Assembly district and Senate district, but the city was cut in half and you can tell. On state commission on aging, the governor passed a master plan on aging and it is something the city needs to talk about being an age friendly city. She also invited children to the upcoming American Girl doll tea party coming up. Christopher Kim spoke about the former City Manager suing the City and the specter of the city going back into bankruptcy he said that the city needed to do something to improve income for the city. Gregory Taylor, San Bernardino, said that people who want to get things done to use the resources available, including the city’s call-in system that creates CRM requests. If people use the resources available, things will get done. He asked people to report what they see. Thomas Fleming, San Bernardino, said he runs a lot in the city and notices a lot of homeless and trash and asked how the city can have four Amazon centers and be one of the poorest cities in the country. He said Jesus was about helping the homeless and asked where the homeless shelters are in the city. Shirley Harlan, San Bernardino, said the republican democracy is at a tipping point and discussed how oppressive racist language is violence and limits knowledge. She quoted author Toni Morrison on the subject. Luis Juarez requested that the city offer a sustainable system of quality education, community health and safety. He spoke about Acting Chief McBride’s policies as an Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/8/2019 elected official in another city. He said that if McBride is hired as chief it will be a liability for the city. He asked that the next chief care about all the residents. Esmerelda Negrete, San Bernardino, said she agrees with Ben Eilenberg regarding a violation in the city regarding how a cannabis measure is being implemented. She spoke specifically about the buffer zone requirements for cannabis businesses. She said that the Mayor’ promises are false and far from Republican values, including smaller government. She said people have the right to recall. Jose Gonzalez, San Bernardino, spoke about the need for the Ruben Campos soccer fields needing rehabilitation to prevent more broken ankles and broken legs. He said there are too many gophers and squirrels and are asking for somewhere to play safely. Art Guerrero, San Bernardino, thanked the council for listening to the constituents and moving the council from the EDA building. He said that his area of the city, the southeast is the land that has been forgotten and that there needs to be a neighborhood association to get anything done. He said he would be willing to get one started and asked for volunteers. Mirea Gonzalez, San Bernardino, spoke in Spanish about Acting Police Chief Eric McBride and his actions while an elected official in Hemet. Treasure Ortiz, San Bernardino, spoke about the need to save funds and decried the lack of transparency in the city. She warned that the city would face lawsuits about the hiring of the chief without public input. Damon Alexander, San Bernardino, never too early to think about the San Bernardino Turkey Trot, which he called a point of light in the city. He said they are hoping to get at least 1,000 people to “get their wobble on before they get their gobble on” Thanksgiving morning. Ms. Saniya, San Bernardino, said she did not agree with the choice to make Eric McBride Acting Police Chief and suggested that it will inevitably lead to misuse of police authority for some of the city residents. Mariana Magana, of Coalition for Human Immigration Rights, voiced the group’s opposition of potential appointment of McBride as Police Chief. Urge to City Council rethink the appointment based on his actions and rhetoric as a member of the Hemet City Council. San Bernardino needs a police chief thy can trust and not further divide the community. Lizeth Mendoza, of Inland Coalition for Immigrant Justice, spoke about the diversity of San Bernardino and said it showed that by recently receiving immigrants. We should not allow a leader who supports anti-immigrant policies to be in power. She said that Acting Chief McBride is an insult to the community. Luis Ojeda, San Bernardino, spoke about the San Bernardino Food Fest and thanked the staff and community for their support. He said that the strife in the country will not stop if one race, one party or one people accuse another. To move forward need to stop excluding people because of their skin color because every race, nationality has done something to hurt another. Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/8/2019 STAFF REPORTS 2. Oral Report – Public Safety Update The Mayor and Council received oral reports from Acting Police Chief McBride and San Bernardino County Assistant Fire Chief Dan Mejia about Public Safety issues. No vote was taken on this item. 3. Consider Request from the Southern California Gas Company to Adopt a Balanced Energy Resolution Speaker Robert Bisconti, SoCal Gas Company Approved Motions: Approve Option 1: Adopt the resolution. Reso. 2019-261 Resolution of the Mayor and City Council of the City of San Bernardino, California, supporting balanced energy solutions and local choice. RESULT: ADOPTED [6-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Sanchez * Added item regarding Transitional Assistance Department building at 27th and Little Mountain Speakers David Maya Loida Crespo Shawn Kelly Ms. Gillam Treasure Ortiz Lynn Wear Kathy Mallon Joyce Seeger Amelia Lopez James Penman Motion: Direct City Manager to report to council within one week what action is recommended (August 14 at 5 p.m.) RESULT: ADOPTED [6-1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES: Shorett Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/8/2019 PUBLIC HEARINGS 4. Ordinance No. MC-1521 Related to Various Code Enforcement Procedures This item was continued for two weeks. MC-1521 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code and adding Chapter 9.94 to the San Bernardino Municipal Code related to various Code Enforcement procedures, including the City’s Administrative Hearing Procedures and Appeals Procedures. 5. Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Formed Assessment Districts Councilmember Richard announced she had a conflict on 2019 -195 and 2019-225 because she owns property near the area. Approved Motions: Hold public hearings; and Adopt the resolutions. Resos. 2019-190 through 2019-251 Resolutions of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for FY 2019/20 within various assessment districts within the City of San Bernardino, direct the Finance Director to amend the Fiscal Year 2019-20 Adopted Budget, and direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 6. Commercial Cannabis Business Permit Location Change Request CCB19- 0001 Speaker Christopher Kim Majid Seraj This item was continued for two weeks at the request of the City Manager. 7. Substantial Amendment to FY 2019-2020 Action Plan Approved Motion: Adopt a Substantial Amendment to the FY 2019 -2020 Action Plan and direct the Finance Director or his designee to revise the Fiscal Year 2019-20 Budget Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/8/2019 pursuant to the Substantial Amendment to the Fiscal Year 2019-2020 Action Plan. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 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 Shorett pulled item 19. The remaining items were approved with the following vote: RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 7, 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll checks for July 2019. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Senior Nutrition Program Grant Funding Approved Motion: Adopt the resolution. Reso. No. 2019-265 Resolution of the Mayor and City Council of the City of San Bernardino, California, ratifying the submittal of the grant application, execution of San Bernardino Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/8/2019 County Contract No. 19-372 Department of Aging and Adult Services (DAAS); accepting the three-year grant in the amount of $1,020,000 for the term July 1, 2019 through June 30, 2022, including accepting the first year grant award in the amount of up to $340,000; and amending the City of San Bernardino Adopted FY 2019/20 Budget for the Grant Award and the approval of certain purchase orders for the Senior Nutrition Program. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Professional Services Agreement to Z&K Consultants, Inc. for Staff Augmentation Services Approved Motion: Adopt the resolution. Reso. No. 2019-263 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Z&K Consultants, Inc. for Project Management Services. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 12. Authorize the First Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement Approved Motion: Adopt the resolution; and Authorize the Police Department to use funding to purchase fourteen Automated License Plate Recognition (ALPR) traffic cameras. . Reso. No. 2019-259 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/8/2019 RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 13. Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Services Pertaining to Employment Relations and Personnel Matters Approved Motion: Adopt the resolution. Reso. No. 2019-252 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 2 to the agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel disciplinary matters for a total amount not to exceed $75,000 for Fiscal Year 2019/20. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Health Benefits Plan Year 2020 Approved Motion: Adopt the resolution. Reso. No. 2019-253 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving employer paid health benefit contributions for benefit plan year 2020 and election of Mayor and City Council to receive the same benefit plan as the Management/Confidential bargaining unit. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/8/2019 15. Public Affairs Specialist in the City Manager’s Office Speaker Hardy Brown Approved Motion: Adopt the resolution. Reso. No. 2019-254 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving and establishing the classification and job description of Public Affairs Specialist and reclassifying (1) one Community Engagement Specialist in the City Manager’s Office. RESULT: ADOPTED ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Funding Commitment for Waterman Gardens Partners 2, L.P. to Develop Phase II of Arrowhead Grove Housing Development Approved Motion: Adopt the resolution. Reso. No. 2019-177 Resolution of the Mayor and City Council of the City of San Bernardino, California, committing up to $1,500,000 in NSP1 funds; $830,000 in HOME Investment Partnerships Program funds; and $179,723 in CDBG funds to construct 184 multi-family housing units and authorizing the City Manager or designee, upon consultation with the City Attorney, to take any further action and execute certain agreements and documents as necessary to effectuate the commitment of funds. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 17. Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 W. 5Th Street) Approved Motion: Adopt the resolution. Reso. No. 2019-182 Resolution of the Mayor and City Council of the City of San Bernardino, California, memorializing the approval of Appeal 19-01 thereby over-turning the Planning Commission’s denial of Conditional Use Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/8/2019 Permit 18-23 and Public Convenience or Necessity Letter 18-07 to allow an upgrade of an existing Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License to a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the existing Buena Market located at 1338 W. 5th Street, Suite 105 (APN: 0138-115-12) within the Paseo Las Placitas Specific Plan (SP-PLP) area; and, finding the project subject to a categorical exemption under the California Environmental Quality Act. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Appeal 19-02 – La Cadena Market Conditional Use Permit 18 -25 (1111 W. 9Th Street) Approved Motion: Adopt the resolution. Reso. No. 2019-183 Resolution of the Mayor and City Council of the City of San Bernardino, California, memorializing the approval of Appeal 19-02 thereby over-turning the Planning Commission’s denial of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 to allow a new Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License in conjunction with the existing La Cadena Market located at 1111 W. 9th Street (APN: 0139-243-13) within the Commercial General (CG-1) zone; and, finding the project subject to a categorical exemption under the California Environmental Quality Act. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. City Attorney Office FY 2018/19 Budget Amendment and Second Amendment to the Amended and Restated Professional Services Agreement with Cole Huber, LLP for Various Litigation Matters Approved Motion: Authorize the Finance Director to amend Fiscal Year 2018-19 City Attorney Office Adopted Budget by $100,000 and adopt Resolution No. 2019-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/8/2019 Second Amendment to the Amended and Restated Professional Services Agreement with Cole Huber. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. California Board of State & Community Corrections: Grant Award Speaker Russel Degnan Sandra Bonilla Approved Motion: Adopt the resolution. Reso. No. 2019-256 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept, execute, and administer the Board of State and Community Corrections (BSCC), Youth Reinvestment Grant Program (YRG) in the amount of $1,000,000 through February 28, 2023; and authorizing the Finance Director to amend the adopted Fiscal Year 2019/20 budget by $272,727. RESULT: ADOPTED [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard NOES: Shorett, Mulvihill 21. Cooperative Agreement No. 19-1002239 with the San Bernardino County Transportation Commission (Authority) for the Construction of State Route 210 Lane Addition Approved Motion: Adopt the resolution. Reso. No. 2019-257 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Cooperative Agreement No. 19-1002239 with the San Bernardino County Transportation Commission (Authority) for the construction of State Route 210 lane addition project. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/8/2019 22. Proposed Vacation of a Portion of Institution Road Approved Motion: Adopt the resolution. Reso. No. 2019-258 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of Institution Road, just south and west of Cajon Boulevard for Plan No. 13143, and the reservation of utility easements therein. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. Second Reading and Adoption of Ordinance No. MC-1522 Levying Special Taxes to be Collected During Fiscal Year 2019 -20 for Community Facilities District No. 2019-1 (Maintenance Services) Approved Motion: Accept Final Reading and adopt Ordinance No. MC- 1522. MC-1522 Ordinance of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2019-20 to pay the annual costs of the maintenance and servicing of street Lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes August 7, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 10/8/2019 ITEMS TO BE REFERRED TO COMMITTEE Councilmember Sanchez asked that the CM come back with a draft RFP for council approval for law firms to submit proposals for prosecutions, advise code enforcement, and handle the city’s abatement actions. RESULT: FAILED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa NOES: Shorett, Nickel, Richard, Mulvihill REPORTS ON CONFERENCES/MEETINGS ATTENDED 24. China Delegation update – July 19 – 27, 2019 - Mayor Valdivia and Council Member Figueroa Mayor Valdivia and Councilmember Figueroa spoke about their recent trip to China and how it could benefit San Bernardino. ADJOURNMENT The meeting adjourned at 10:55 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 will be held on Wednesday, August 21, 2019 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 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 21, 2019 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, August 21, 2019, in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 8:46 AM Sandra Ibarra Council Member, Ward 2 Present 5:19 PM Juan Figueroa Council Member, Ward 3 Present 5:19 PM Fred Shorett Council Member, Ward 4 Present 5:19 PM Henry Nickel Council Member, Ward 5 Present 5:20 PM Bessine L. Richard Council Member, Ward 6 Present 5:22 PM James Mulvihill Council Member, Ward 7 Present 5:21 PM John Valdivia Mayor Present 5:20 PM Georgeann "Gigi" Hanna City Clerk Present 8:27 AM Gary D. Saenz City Attorney Present Teri Ledoux City Manager Present CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): a. Gary Saenz and Georgeann Hanna v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1919509 Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/8/2019 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Two cases C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4)): Two cases INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Chris Reinhardt from Sandals Church led the invocation. The Pledge was led by Jeannine Lazama, fifth grade student from Belvedere Elementary School. CLOSED SESSION REPORT Senior Assistant City Attorney Sonia Carvalho announced:  That the council was allowed by the Brown Act to discuss the issue of the TAD building in closed session as a significant exposure to litigation to discuss the city’s legal options and whether the city might require a conditional use permit for the building; and  the City Council authorized filing of two receivership actions for nuisance conditions at 2741 Park Avenue and 1920 W. 15 Street. * At this point in the meeting, Councilmember Richard read an announcement about the death of longtime San Bernardino resident John Futch. APPOINTMENTS 1. Arts and Historical Preservation Commission Approved Motion: Approve the appointment of Ms. Lely L. Lim to the Arts and Historical Preservation Commission. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Elected Official Compensation Advisory Board Failed Motion: Deny the appointment of Mr. David M. Rojas to the Elected Official Compensation Advisory Board. RESULT: FAILED [4-3] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Ibarra, Figueroa, Nickel, Richard NOES: Sanchez, Shorett, Mulvihill Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/8/2019 Approved Motion: Approve the appointment of Mr. David M. Rojas to the Elected Official Compensation Advisory Board. RESULT: ADOPTED [5-3]* MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Ibarra, Figueroa, Nickel, Richard, Valdivia NOES: Sanchez, Shorett, Mulvihill *The mayor cast the required fifth vote 3. Public Safety and Human Relations Commission Re-Appointment Approved Motion: Approve the re-appointment of Mr. John H. Walters to the Public Safety and Human Relations Commission. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 4. Parks, Recreation and Community Services Commission Re-Appointment Approved Motion: Approve the re-appointment of Brenda F. Bell to the Parks, Recreation and Community Services Commission. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill PRESENTATIONS 5. Citizen of the Month – Inez Lucero, Casa de Flores – Council Member Figueroa Councilmember honored Inez Lucero as Citizen of the Month. 5A. (Item added after the printing of the Agenda) Update on Neighborhood Services Program Tanya Romo gave an update on the Neighborhood Services Program. Neighborhood Association President Amelia Lopez discussed the goals of the program and the strategy for meeting them. 6. Presentation on County of San Bernardino Transitional Assistance Department building on 27th and Little Mountain Drive Gilbert Ramos, Director for San Bernardino County Transitional Assistance Department provided information about the program. Developer Scott Beard Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/8/2019 responded to concerns of the neighbors to the project, at 27 th Street and Little Mountain Drive. 7. Chamber of Commerce & Local Elected Officials Announcements Leslie Stevens, executive board member for the Chamber, gave the upcoming Chamber events. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz, San Bernardino, thanked councilmember Sanchez, Mulvihill and Shorett for voting against Mr. Rojas’ appointment to the Elected Officials Compensat ion Commission. She said the problem is no one knows what is going on in appointments. She congratulated the City Clerk and City Attorney for fighting their salary cuts and spoke about raises that had been given to other city employees. Sandra Ibarra, San Bernardino, said it was unfortunate that she has to fill out a speaker slip in order to get three minutes of speaking time. She spoke about being cut off at another meeting while she was asking questions about a report. She asked if the mayor plans to lead the city with scripts and asked her colleagues to take a minute to listen to each other. Christine Mooney, San Bernardino, voiced her opposition to the TAD office building. She said there has been an increase of crime in her neighborhood and she believes it will increase if the TAD building goes in. She asked about the results of a traffic study that was to be done in the area. She said the existing TAD office on Massachusetts has become a blighted area. She said the city is on the verge of another bankruptcy and staff getting raises is ridiculous. John Shollenberger, San Bernardino, spoke about his previous comments about reduction of salary for two elected officials and congratulated Bessine Richard for stating that she was willing to have her pay cut, as well. It showed him that she made her decision for the right reasons, not for retaliation. He said the city could not afford to absorb the costs of the legal fight that is likely to come. David Maya, San Bernardino, asked how a city on verge of bankruptcy can afford a $60,000 raise for the City Manager. He suggested that instead of conferences, the council and mayor should consider a class in fiscal management. He said people are sick of the bad decisions being made about the building of the TAD office an d said the public would remember names and faces at the next election. Harry Hatch, San Bernardino, said that the City of San Bernardino has nothing to do with immigration and the city should focus on local problems rather than focusing on items that the city has no control over. Personal attacks on individuals distract from the issues and make no direct effect on those issues. He asked that the council and mayor use the residents’ time and money on issues that the city has control over Lupe Camacho, partnership specialist for the US Census Bureau, introduced herself and asked that the city officials make sure that people get counted in the Census 2020.She said that these counts is what the county needs to get a larger slice of the federal pie that gets awarded after the count is done. Cheryl Brown (speaking for Hardy Brown), San Bernardino, spoke about the city’s police chiefs over the years and that all but one were white. She said people already know how this will play out, with the current acting police c hief being appointed. This is systematic discrimination of blacks and Latinos who may be qualified but are locked out of the process must stop. Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/8/2019 Gregory Taylor, San Bernardino, asked how many of the workers on the TAD office are from San Bernardino. He said the city will not improve without making sure residents are employed. He asked why the TAD office already in place was not expanded upon. Phillip Petersen, San Bernardino, said people do not talk about the positive aspects of San Bernardino and spoke about the new shops in the downtown area. People need to bring back downtown and bring back San Bernardino. He spoke about the benefit of having an international airport, which is not being used to its potential. Majid Seraj said there is a parallel between the court judgement in favor of Hanna and Saenz and decisions regarding cannabis business. Like in that case, t he council exceeded its statutory authority in granting licenses to cannabis applicants and while the council is waiting direction from staff while staff awaits direction from council. He urged the council to put cannabis back on the agenda, address issues in the old ordinance and remove eight existing lawsuits. Ginna Escobar, San Bernardino, spoke about please revisit the cannabis ordinance and consider the allocation of more retail licenses. No one is open yet and applicants are losing property or running out of funds to get started. The community deserves access to safe tested quality cannabis products and will create jobs for constituents. Cannabis can contribute to an economic surge. Frank Navarro, San Bernardino, said he lives in the vicinity of the new TAD office and street is already congested and building the building will make it worse, with more accidents. Victoria Bianchi, San Bernardino, said she is in support of the US Census full count committee and asked about training for it. It is not costly and she is willing to donate her time to serve because of the value of an accurate count. Luis Ojeda, San Bernardino, invited people to participate with his group and Omnitrans in quarterly cleanups of bus stops. He also reminded people of the Saturday Food Fest. He added that people complain about the city but few are willing to get involved in the city or with their elected officials and that is part of the problem because if you don’t get involved in the public arena how do you know who to vote for. Eric Eisenhammer said he can see that the city still has challenges but is seeing positive changes. When he was working in Sacramento a lot of the issues he worked on were safety issues, something that is still a fact of life, but the community is getting safer. He sees opportunity for developing downtown. But if want to attract entrepreneurs and investment, the city needs to work together. STAFF REPORTS 8. Service Agreements and Fee Waiver Requests for the SBD Fest 2019 and 2019 Rendezvous Back to Route 66 Speaker Hardy Brown Approved Motion: Consider the items separately. Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/8/2019 RESULT: ADOPTED [6-1] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NOES: Shorett Approved Motion: Authorize the City Manager to execute Service Agreements with the San Bernardino International Airport and the San Bernardino Area Chamber of Commerce to provide support services in accordance with the authorized budget accordingly. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Approved Motion: Approve the non-budgeted waiver requests of $26, 735 for Back to the Route 66 event through a General Fund Appropriation from Fund 247-1001-002 (Cultural Development Fee) for the additional costs for Police, Public Works, and Community and Economic Development Departments. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Approved Motion: Fully fund the SB Airfest in the amount of $16,019 through a General Fund Appropriation from Fund 247 - 1001-002 (Cultural Development Fee) for the additional costs for Police, Public Works, and Community and Economic Development Departments and ask other agencies to contribute. RESULT: ADOPTED [5-2] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard NOES: Figueroa, Mulvihill Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/8/2019 9. Regional Housing Needs Assessment (RHNA) Councilmember Mulvihill provided a report about the proposed Regional Housing Needs Assessment (RHNA). No vote was taken on this item. 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 items 16, 18, and 19; Councilmember Ibarra pulled items 13 and 17; Councilmember Figueroa pulled items 16, 23 and 24 and Councilmember Shorett pulled item 14. City Manager pulled item 15 to continue it to another meeting. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated August 21, 2019. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll disbursements for July 2019. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 12. May, June, and July 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 June and July 2019. Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/8/2019 RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 13. Professional Services Agreement with Dr. William Soltz, Ph.D., Inc. for Pre - Employment and Fitness for Duty Psychological Evaluations for Police Safety Officers Approved Motion: Adopt the resolution. Reso. 2019-266 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of a Professional Services Agreement between Dr. William Soltz, Ph.D., Inc., and the City of San Bernardino for pre-employment and fitness for duty psychological evaluations for police safety officers. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Basic Compensation Plan for City of San Bernardino Police Safety Approved Motion: Adopt the resolution. Reso. 2019-267 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing salaries for the Police Department Ranges P-1 (Police Officer), P- 2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief), and Law Enforcement Trainee effective August 1, 2019. RESULT: ADOPTED [6-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NOES: Shorett Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/8/2019 15. Approve the Salary Schedules for Full-Time Non-Safety Classifications for Fiscal Years 2011/12 through 2019/20 Approved Motion: Continue item to the next meeting. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Authorize Contract with CelPlan to Provide Maintenance for the Citywide Safety Cameras System Speakers Hardy Brown Approved Motion: Authorize city manager to research and investigate a cost effective solution to advance the work of the police department and come back with a report about options within 45 days. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 17. Authorize Agreement with Odyssey Power for Managed Power Rental Program Approved Motion: Adopt the resolution. Reso. 2019-271 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an agreement between the City of San Bernardino and Odyssey Power Corporation. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Public Works Department – Vactor Truck Purchase Approved Motion: Adopt the resolution. Reso. 2019-272 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the purchase of a CNG Vactor 2110i Jet Rodder from the Haaker Equipment Company of La Verne, California for Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/8/2019 $479,890.44; and authorize the Director of Finance to amend the FY 2019-20 Adopted Budget for the Vactor Truck purchase from the AB2766 Fund in the amount of $479,890.44. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. Public Works Department – Elliot Boom Truck Purchase Approved Motion: Adopt the resolution. Reso. 2019-273 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the purchase of a new Elliot Boom Truck Model 1039 F from National Auto Fleet Group at a price of $219,155.49 and authorize the Director of Finance to amend the FY 2019/20 Adopted Budget for the purchase of the Elliot Boom Truck from the AB2766 Fund (Fund 111) in the amount of $219,155.49. RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Consultant Services Agreement with Paragon Partners, LTD for Right-Of-Way Ac quisition for the Widening of H Street between 40Th Street and Kendall Drive Approved Motion: Adopt the resolution. Reso. 2019-274 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the Consultant Services Agreement with Paragon Partners, LTD for Right-of- Way Acquisition Services for the widening of H Street between 40th Street and Kendall Drive (SS04-152) in an amount not to exceed $86,070. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/8/2019 21. Amend FY 2019/20 Budget for Library’s Grand-Funded Literacy Department Approved Motion: Authorize the Director of Finance to amend the Library’s grant-funded Literacy Department FY 2019/20 Adopted Budget for part-time staff. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 22. KaBOOM! Playground Build at Littlefield/Shultis Park Approved Motion: Adopt the resolution. Reso. 2019-275 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Letter of Intent and Contract Agreement between the City of San Bernardino and KaBOOM! to build a playground at Littlefield/Shultis Park. RESULT: ADOPTED [7-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. Owner Occupied Rehabilitation Program (OORP) Approved Motion: Approve modification of Owner Occupied Rehabilitation Program (OORP) Loan Terms and Obligations from a forgivable loan to a deferred loan; and Approve modification of Subrecipient Agreement with Neighborhood Partnership Housing Services, Inc. for Owner Occupied Rehabilitation Program (OORP) to replace existing CDBG Subrecipient Agreement. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 10/8/2019 24. Approve Final Tract Map 19908 - M. Mike Mahmoudi, LLC Speakers Cora Meyer Richard Kaplan Michael Mahmoudi Approved Motion: Adopt the resolution. Reso. 2019-276 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Final Map for Tract No. 19908 (Subdivision 14-10) involving the subdivision of a parcel containing approximately 2.04 acres into six (6) single-family residential lots located on the east side of Olive Avenue, between Garfield Street and Verdemont Drive within the Residential Low (RL) Zone; accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. RESULT: ADOPTED [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ITEMS TO BE REFERRED TO COMMITTEE Councilmember Ibarra asked that the council agendize the issue of animal shelter repairs. City Manager Ledoux said there would be a report on the issue at the September 18 meeting. Approved Motion: Staff to return September 18 with proposals from architects. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Councilmember Figueroa asked that the LRC consider the following issues:  Discuss the use of two stroke engine generators unless it is an emergency  Review and update the yard sale code  Update MC regarding taxi/non-emergency vehicles to include rideshare services.  Review and update the MC 5.10.080 the maximum number and type of authorized commercial cannabis businesses. Regular Meeting DRAFT Minutes August 21, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 10/8/2019 REPORTS ON CONFERENCES/MEETINGS ATTENDED Councilmember Nickel said he had attended the LAFCO hearing earlier and asked for a staff briefing what obligation the city has with the Spring Trails annexation by the September 18 meeting. Councilmember Richard asked for a report on how police and code enforcement officers will be working with street vendors. Mayor Valdivia asked to assess and review the City’s local newspaper policy and announcements be heard at LRC. ADJOURNMENT The meeting adjourned at 12:31 a.m. in memory of John Futch. 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 4, 2019 in the Council Chamber located at 555 W. 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 4, 2019 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor Pro Tempore Bessine L. Richard on Wednesday, September 4, 2019, 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 7:00 PM Sandra Ibarra Council Member, Ward 2 Present 7:00 PM Juan Figueroa Council Member, Ward 3 Present 7:00 PM Fred Shorett Council Member, Ward 4 Present 7:00 PM Henry Nickel Council Member, Ward 5 Absent ---------- Bessine L. Richard Council Member, Ward 6 Present 7:00 PM James Mulvihill Council Member, Ward 7 Present 7:00 PM John Valdivia Mayor Absent ---------- Georgeann "Gigi" Hanna City Clerk Present 7:00 PM Gary D. Saenz City Attorney Present 7:00 PM Teri Ledoux City Manager Present 7:00 PM CLOSED SESSION There was no Closed Session. Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/8/2019 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Robert Cuencas from the Way Church gave the invocation and Victor Hernandez, seventh grade student from Norton Science Academy, led the Pledge of Allegiance. APPOINTMENTS There were no Appointments. PRESENTATIONS 1. SBVMWD Presentation by Gil Navarro and Susan Longville Mr. Navarro reported that the Water district cut the tax rate for local cities by $6 million annually. Christine Fowler, manager of externa affairs, explained the role of the Valley District. Ms. Longville thanked the council for giving them a chance to speak to the body and asked to be invited back next year. 2. Chamber of Commerce & Local Elected Officials Announcements There were no announcements by Chamber or elected officials. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Lagos Castaneda, San Bernardino, said he opposed the annex of the Spring Trails project. He said the area is the jewel of San Bernardino and the high winds, fire danger and limited resources scares him about new homes in the area. Cheryl Brown (on behalf of Hardy Brown), San Bernardino, spoke about the discrimination in the police department for more than 100 years and said he was afraid that the City Manager would appoint the acting chief, without considering a black or Latino candidate for the position. He suggested that the City Manager present a plan of action so the public knows what to expect. Damon Alexander, San Bernardino, said he was concerned about top heaviness of the police department and the effect it has on the budget. He said the city is at a golden opportunity to restructure the police department, make some non-sworn positions and lower the cost of such positions. Cannot continue to promote and not have enough boots on the ground. Steven O’Neal, San Bernardino, spoke in opposition to the Spring Trails annexation, citing fire and earthquake danger and housing density. He said it is laughable that the city can provide services needed for that area. He said the current council would be held responsible if a catastrophic fire or earthquake devastates the area. Mark Cloud, Public Affairs Manager for Southern California Edison, said the annual reliability report is available online. He also spoke about what the utility is doing to mitigate fire danger, such as vegetation management, fireproofing the grid, and public safety power shut offs. Dolores Armstead, San Bernardino, said she agreed with Mr. Alexander regarding the search for a new police chief and the need for more diversity in the department. Ricardo Casillas, San Bernardino, spoke about an encounter he had with the police department when he asked for help and did not get any response. Richard Kaplan, San Bernardino, spoke about opposing the Spring Trails development and how he had been doing so for years. He said the big concern is the cost of maintenance on Meyers Road. He asked the council to reconsider the annexation, saying it is not a good time for it right now. Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/8/2019 Levi Deathrich, San Bernardino, spoke about the need to do work in Bobby Vega Park, and that they have secured a city approved contractor and have grant funds available for doing the work. He said that Vega’s widow has not been successful in working with city officials and will soon lose the grant funding. He said the Family Assistance Program, at the Home of Neighborly Service, has found housing for several homeless people. Treasure Ortiz, San Bernardino, said she was upset at a letter that Ms. Richard had published in the San Bernardino Sun about diversity, police substations and said that recruitments and go national to find diverse employees. The problem is lack of a plan and transparency. Jose Gonzales, San Bernardino, said the city should act to bring solutions and positive things to the city. He said that people should do what they can to improve the city rather than bring negativity to the council meetings. He asked that people work with the current administration to bring the city up. Luis Ojeda, San Bernardino, asked that the council meeting videos show the faces of public speakers. He asked who had instructed the videographers to not show the faces of the public speakers. He said the council lacks moral authority. He said councilmember Ibarra was the only elected official to do the right thing regarding the animal shelter and the public is paying attention. STAFF REPORTS 3. Census 2020 Update Approved Motion: Adopt the resolution; Reso. 2019-284 Resolution of the Mayor and City Council of the City of San Bernardino, California, inviting nominations to the Inland Empire Complete Count Committee (IE - CCC). RESULT: ADOPTED [5-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Richard, Mulvihill ABSTAIN: Ibarra 4. Authorize Staff to Issue an RFP for Before/After School Services at the 9Th Street Community Center Speakers Dolores Armstead Ian Franklin Approved Motion: Authorize the City Manager to issue an RFP for operations and programming for the facility at 1180 W. 9th Street and for all applicants be presented to the council with a ranking for a final decision Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/8/2019 RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel PUBLIC HEARINGS 5. Resolution of the Mayor and City Council of the City of San Bernardino Pursuant to Section 147(F) of the Internal Revenue Code of 1986 Approving the Issuance of Bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase 2 Mayor Pro-tem Richard opened the public hearing at 8:09 p.m. The public hearing closed at 8:12 p.m. Approved Motion: Adopt the resolution; Reso. 2019-277 Resolution of the Mayor and City Council of the City of San Bernardino, California, pursuant to Section 147(f) of the Internal Revenue Code of 1986, approving the issuance of bonds by the Housing Authority of the County of San Bernardino for the Arrowhead Grove Phase 2 Project. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 6. Amending San Bernardino Municipal Code, Related to Various Code Enforcement Procedures Mayor Pro-tem Richard opened the public hearing at 8:13 p.m. The public hearing closed at 8:30 p.m. Approved Motion: Introduce, read by title only and waive further reading of the ordinance; and Select option two of the ordinances presented MC-1521 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapters: 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code related to various Code Enforcement Procedures, including the City’s Administrative Hearing procedures and Appeals procedures. Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/8/2019 RESULT: ADOPTED [5-1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill NOES: Mulvihill ABSENT: Nickel 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 Ibarra pulled items 11, 15, 16, and 18. The remaining items passed with the following vote: RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 7. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated September 4, 2019. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 8. City Council Approval of Commercial and Payroll Checks Approved Motion: Approve the commercial and payroll disbursements for August 2019. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/8/2019 9. 484 E. Redlands Blvd (APN 0281-071-03,12) Fair Market Value and Purchase and Sale Agreement with Symbiosis, LLC Approved Motion: Adopt the resolution; Reso. 2019-286 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing fair market value of a portion of 484 E. Redlands Boulevard, San Bernardino, California 92408 and approving the purchase and sale agreement with Symbiosis, LLC. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 10. Joint Exercise of Powers Agreement - Waterman Hydroelectric Project Authority (SBMWD) Approved Motion: Adopt the resolution; Reso. 2019-287 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Joint Powers Authority Agreement with Waterman Hydroelectric Project Authority. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 11. Professional Services Agreement with Advanced Pet Care A Approved Motion: Adopt the resolution; Reso. 2019-279 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Advanced Pet Care of San Bernardino and issue a Purchase Order for veterinary services. Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/8/2019 RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 12. Authorization to Issue Purchase Orders to TPX, ATEL and Verizon for Telecommunication and Cellular Services and Support for FY2019-2020 Approved Motion: Authorize the City Manager or her designee to authorize purchase orders to TPX, Atel and Verizon for the purchase of telecommunications and Cellular services and support for FY2019-2020 as outlined in the report. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 13. Authorization to Issue a Purchase Order to Connections for the Renewal of Microsoft Hosted Exchange in an Amount Not to Exceed $53,382 for FY2019 - 2020 Approved Motion: Authorize the City Manager or her designee to authorize the purchase of hosted Microsoft Exchange from Connections in an amount not to exceed $53,382. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 14. Memorandum of Understanding (MOU) with County of San Bernardino for (1) Street Maintenance and Repairs; and (2) Flood Control Facilities Maintenance and Repairs Approved Motion: Adopt the resolution; Reso. 2019-280 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Memoranda of Understanding (MOU) with the County of San Bernardino for (1) Street Maintenance and Repairs and (2) Flood Control Facilities Maintenance Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/8/2019 and Repairs. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 15. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 1, Tax Zone No. 2 (Tract 17329) APN 0348-111-52, 0261-031-10 Thru -11, and 0261-062-11 Thru -14 Approved Motion: Adopt the resolution; Reso. 2019-281 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 1) and authorizing the levy of special taxes therein. RESULT: ADOPTED [5-1] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill NOES: Ibarra ABSENT: Nickel 16. Phase 3 Landfill Gas Collection and Treatment System Upgrades at Inactive Waterman Landfill Approved Motion: Continue to September 18, 2020 meeting RESULT: ADOPTED [6-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel Regular Meeting DRAFT Minutes September 4, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/8/2019 17. Five-Year Capital Project Needs for Measure “I” Analysis Approved Motion: Adopt the resolution; Reso. 2019-283 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Five-Year Capital Project Needs Analysis (FY 2020/2021 through FY 2024/2025) for Measure “I” 2010 -2040 Expenditure. RESULT: ADOPTED [6-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel 18. Health Benefits Plan Year 2020 Amendment Approved Motion: Adopt the resolution; Reso. 2019-285 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to Resolution No. 2019-253, which established employer paid health benefit contributions for benefit plan year 2020. RESULT: ADOPTED [6-0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill ABSENT: Nickel ITEMS TO BE REFERRED TO COMMITTEE Councilmember Ibarra called for the Animal Shelter AD Hoc Committee to meet with Police department personnel. ADJOURNMENT The meeting adjourned at 8:39 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 will be held on Wednesday, September 18, 2019 in the Council Chamber located at 555 W. 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE 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 MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 5, 2020 7:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, February 5, 2020 in the Board Room, 201 North "E" Street, San Bernardino, CA. CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Henry Nickel    Council Member, Ward 6 Bessine L. Richard    Council Member, Ward 7 James Mulvihill    Mayor John Valdivia    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Teri Ledoux    7:00 P.M. Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/17/2020 INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Pastor Allen Savory, of 16th Street Seventh Day Adventist Church. Malosi Siania, the Senior Captain of the Aquinas Football Team, led the Pledge of Allegiance. APPOINTMENTS 1. Michael A. Lara - Appointment to Arts & Historical Commission - Mayor John Valdivia Approved Motion: Appoint Mr. Michael A. Lara to the Arts and Historical Preservation Commission. Mr. Lara will be replacing Robert Stevenson as a mayoral appointment. RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill 2. Charter Review Commission Appointment - Gerard G. Carole - Ward 1 Approved Motion: Appoint Mr. Gerard G. Carole to the Charter Review Commission (Ward 1). RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill 3. Charter Review Commission Appointment - Angela M. Torres - Ward 3 Approved Motion: Appoint Ms. Angela M. Torres to the Charter Review Commission (Ward 3). RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/17/2020 4. Charter Review Commission Appointment - Michael A. Lara - Ward 5 Approved Motion: Appoint Mr. Michael A. Lara to the Charter Review Commission (5th Ward). RESULT: ADOPTED [5-2] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard NOES: Shorett, Mulvihill PRESENTATIONS 5. Chamber of Commerce & Local Elected Officials Announcements Colin Strange gave an update on upcoming Chamber activities. 6. County Fire Presentation by San Bernardino County Fire Chief Dan Munsey Chief Munsey gave presentation about his goals as the new County Fire chief. 7. Aquinas High School Football Team – CIF Division 5 Champions and 2AA Southern Section Regional Champions - Mayor John Valdivia Mayor Valdivia honored the Aquinas High School Football Team for being CIF Division 5 and the 2AA Southern Section Regional champions. Head Coach Jordan Brusig accepted the proclamation for the team. 8. OmniTrans: ConnectForward Proposed Service Changes - Jeremiah P. Bryant Jeremiah Bryant, Director of Strategic Development for OmniTrans presented proposed services changes in fixed route bus services and services for ADA clients, seeking public input and feedback about them. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Cheryl Brown (speaking on behalf of Hardy Brown), San Bernardino, complimented the fire chief for recognizing the need for a diverse fire service. She also thanked the council for dropping their appeal of the judgement in favor of the City Clerk and City Attorney. She said that the city has not explained where the Measure Z money has been spent and cannot support the continuation without having those question s answered. She said it is wrong for blacks to receive little employment opportunities with the city. Thomas Fleming, San Bernardino, spoke about witnessing a bad traffic accident on Baseline and it took a long time for police to respond. He said it is dep lorable how the city treats its African American citizens and said the mayor should not be mayor. Treasure Ortiz, San Bernardino, spoke about the claims of sexual harassment made against the mayor. She said that the city council and staff have allowed it t o happen and remain silent. She said that people have spent over a year seeking leadership change at the animal shelter. She said that the council is weak and has no integrity. Iliana Arroyo, Options for Youth, spoke about who they serve and what they do, serving teen mothers and those of low socio-economic status and invited the mayor and council to visit the school. John Shollenberger, San Bernardino, recognized Jim Mulvihill for being part of the neighborhood watch, answers email and for being visible an d approachable in the Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/17/2020 community. Because of his actions, Campo Santo neighborhood is kept safe and liveable. Ray Culverson, San Bernardino, started Entreprenuer HS, which is in Highland but has a student body that is 90 percent San Bernardino residents. He invited people to come see the facility and meet the children. He said kids need to see that there is a step by step process to get where they want to go and invited people to attend Professional Development Fridays at the school, as well as a cumbia/salsa demonstration on Feb. 28. Gregory Taylor, San Bernardino, said he had been gone for a while but came back to the city and is disappointed with the trash and homelessness. He said citizens will get behind having the mayor recalled if things do not turn around. Fausto Paragon, principal at Norton Science and Language Academy, thanked the council for support of the waterman water project. He spoke about what the school is about and said that as educators, they are passionate about serving their scholars and spoke about some of the programs at the school. Giana Beck, San Bernardino, spoke about her experience as a Norton student. She said that she is thankful that she is bilingual and has been able to travel to Chile for 9 days. She said being able to continue through high school would provide an enriched experience Nuberly Beck, San Bernardino, said she is the parent of two Norton students. Said she is proud that the city could accept it as the first k-12 charter school in the area. The dual immersion program is why she and her husband chose the school. STAFF REPORTS No staff reports were presented at this meeting. PUBLIC HEARINGS 9. Imposing Liens on Certain Parcels of Real Property Located Within the City of San Bernardino for Uncollected Business Registration Fees The mayor opened the public hearing at 8:16 p.m. The hearing closed at 8:19 .m. Approved Motion: Adopt the resolution Reso. 2020-25 Resolution of the Resolution of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain properties for unpaid business registration taxes and penalties; and instructing the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A) that were resolved prior to the hearing. RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/17/2020 10. 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 Mayor Valdivia reopened the public hearing continued from January 15, 20 20. City Clerk Hanna swore in those who wished to speak on the item. The mayor opened the hearing at 8:20 p.m. The hearing closed at 8:30 p.m. Approved Motion: Adopt the resolutions; and Introduce, read by title only, and waive further reading of Ordinance No. MC-1528; and Schedule the final reading and adoption of Ordinance No MC-1528 for February 19, 2020. Reso. 2020-20 Resolution of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the are proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 3). RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill Reso. 2020-21 Resolution of the Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 3). RESULT: ADOPTED [7-0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill MC-1528 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2020-21 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/17/2020 (Maintenance Services). RESULT: ADOPTED [7-0] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Richard, Mulvihill 11. Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment 19-01, Development Code Amendment (Zoning Map Amendment) 19-05, Subdivision 19-03 (Tentative Parcel Map 20120), and Conditional Use Permit 19-10 – Norton Science and Language Academy Project The mayor opened the hearing at 8:41 p.m. The city clerk swore in those who wished to speak on the item. The hearing closed at 9:12 p.m Speakers Gil Botello Tori Grey, support Larry Rider, applicant Approved Motion: Adopt the resolutions; Introduce, read by title only, and waive further reading of Ordinance No. MC-1530; and Schedule the final reading and adoption of Ordinance No MC-1530 for February 19, 2020. Reso. 2020-26 Resolution of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 19-01 to change the General Plan Land Use Designation from Single-Family Residential and Industrial to Public/Quasi-Public of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57) containing a total of approximately 18.06 acres (Attachment 1). Reso. 2020-27 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 19-03 (Tentative Parcel Map 20120) to consolidate sixteen (16) parcels into two (2) parcels containing approximately 15.66 acres (parcel 1) and approximately 2.20 acres (parcel 2) and Conditional Use Permit 19-10 to allow the development, establishment, and operation of a charter school containing approximately 89,890 square feet to be built on parcel 1, located at 230 S. Waterman Avenue (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57 ), Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/17/2020 pursuant to a Mitigated Negative Declaration (Attachment 3). MC-1530 Ordinance of the Mayor and City Council of the City of San Bernardino, California approving Development Code Amendment (Zoning Map Amendment) 19-05 to change the Zoning District Classification from Residential Suburban (RS) and Office Industrial Park (OIP) to Public Facilities (PF) of sixteen (16) parcels (APN(S): 0136-261-11, 23, 24, 25, 26, 27, 28, 29, 36, 37, 41, 42, 43, 44, 50, and 57) containing a total of approximately 18.06 acres, pursuant to a Mitigated Negative Declaration (Attachment 2). RESULT: ADOPTED [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 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 Ibarra pulled item 14; Councilmember Figueroa pulled item 20. The remaining items received the following vote: RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 12. Council Approval of Draft Minutes for September 18, 2019, December 4, 2019 and January 15, 2020 Approved Motion: Approve the minutes from the Mayor and City Council meetings of September 18, 2019, December 4, 2019, and January 15, 2020. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/17/2020 13. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for December 2019 and January 2020. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Approval of a Resolution Authorizing Certain Officers to Invest Funds in the Local Agency Investment Fund (LAIF) Approved Motion: Adopt the resolutions. Reso. 2020-28 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing investment of monies in the Local Agency Investment Fund (LAIF) in accordance with California Government Code Section 16429.1 and approving a list of designated City Officers authorized to order deposits and withdrawal of funds in the Local Agency Investment Fund. RESULT: ADOPTED [6-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Richard, Mulvihill ABSENT: Shorett 15. Accept and File the Quarterly Investment Portfolio Report as of December 31, 2019 Approved Motion: Accept and file the Quarterly Investment Portfolio Report as of December 31, 2019. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Authorize the City Manager to Respond to FY 2014/15 Grand Jury Final Report from the San Bernardino County Civil Grand Jury Approved Motion: Authorize the City Manager to respond to the FY 2014/15 Grand Jury Final Report from the San Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/17/2020 Bernardino County Civil Grand Jury. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 17. Homeland Security Grant Program Approved Motion: Adopt the resolution. Reso. 2020-29 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2018 Homeland Security Grant Program (HSGP) in the amount of $38,025; and authorizing the Director of Finance to amend the FY 2019/20 Adopted Budget to increase revenue and expenditures by $38,025. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Agreement with Southern California Mountains Foundation for Improvements at Bobby Vega Park Approved Motion: Adopt the resolution. Reso. 2020-30 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an agreement between the City of San Bernardino and the Southern California Mountains Foundation for the donation of labor, material, and equipment for the design and construction of improvements at Bobby Vega Park located at 800-862 North Garner Avenue, San Bernardino CA 92411. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/17/2020 19. Authorize the Issuance of a Purchase Order to RDO Vermeer, LLC., for the Purchase of a Brush Chipper Approved Motion: Adopt the resolution. Reso. 2020-31 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the purchase of a 2019 Vermeer BC1800XL Brush Chipper from RDO Vermeer, LLC of Fontana, CA, in the amount of $59,697.79; authorizing the Finance Director to record budget amendments in the current Streets and Tree Maintenance operating budgets to reallocate funding for the purchase; and authorizing the Finance Director to issue a purchase order in the support of the equipment purchase. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. Award of Construction Contract for to Micon Construction, Inc. for Playground Equipment Replacement - Phase 2 Approved Motion: Adopt the resolution. Reso. 2020-32 Resolution of the Mayor and City Council of the City of San Bernardino, California approving the award of a Construction Contract with Micon Construction, Inc., in the amount of $1,063,037; authorizing the Director of Finance to increase the total project budget amount to $1,200,000, including the cost of the Construction Contract in the amount of $1,063,037, project contingency in the amount of $100,963, and engineering and inspection budgets in the amount of $36,000; authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $200,000 in Community Development Block Grant Funds, ($65,300) from Lytle Creek Community Center Roof Replacement and ($134,700) from Jerry Lewis Swim Center Facility Improvements to the Project; and authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 1/17/2020 RESULT: ADOPTED [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. City County Payment Program FY 2019/20 Approved Motion: Adopt the resolution. Reso. 2020-33 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of an application for payment programs for recycling beverage containers offered by CalRecycle and approving related authorizations. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 22. Award of Construction Contract for Jerry Lewis Swim Center Facility Improvements Approved Motion: Adopt the resolution. Reso. 2020-34 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Construction Contract with San Marino Roof Co., Inc. in the amount of $199,703 for Jerry Lewis Swim Center Facility Improvements; approving an amendment to the FY2019/20 Community Development Block Grant program of work to reflect a total budget amount of $230,000 for the Project, including the cost of the Construction Contract in the amount of $199,703, project contingency in the amount of $20,000, and engineering and inspection budgets in the amount of $10,297; authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and authorizing the Director of Finance to reallocate the remaining $210,000 in unused CDBG funding from this project to support other, previously approved, CDBG eligible Public Works Projects. Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 1/17/2020 RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 23. Second Amendment to Agreements with Keller Williams Realty Approved Motion: Adopt the resolutions. Reso. 2020-1 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell a City-owned real property asset and approving certain related actions. Reso. 2020-2 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving an amendment to the agreement with Keller Williams Realty Redlands to list and sell certain Successor Agency-owned real property assets and approving certain related actions. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 24. Extension of the Exclusive Right to Negotiate Agreement with ICO Real Estate Group, Inc. for the 5Th Street Gateway Property Approved Motion: Adopt the resolution. Reso. 2020-35 Resolution of the Mayor and City Council of the City of San Bernardino, California extending the Exclusive Right to Negotiate Agreement by and between the City of San Bernardino and ICO Real Estate Group, Inc. for the 5th Street Gateway Property. RESULT: ADOPTED [7-0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill Regular Meeting DRAFT Minutes February 5, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 1/17/2020 ITEMS TO BE REFERRED TO COMMITTEE Councilmember Nickel asked for a staff report about current code for modular homes. The council agreed by consensus that this could be done at a workshop. Councilmember Mulvihill requested the city pursue information about Burrtec’s Pay as You Grow Program, which offers seniors a 20% discount on trash service in exchange for them using smaller bins. CONFERENCES/MEETINGS ATTENDED No reports were presented. *AT this point in the meeting, Senior Assistant City Attorney Sonia Carvalho made a statement about the council not being able to comment on recent events and assured the council and public that the City Manager and Director of Human Resources had taken immediate action to address recent claims printed in the newspaper. The City has obtained outside legal counsel that advises on all employment issues and who has asked all employees to comply with all personnel rules as it conducts a thorough investigation. The Council has been advised of its legal responsibilities and fiduciary duties and that may be why they cannot comment to the public or media. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 (B) PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957(b): City Clerk (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: i. Property Address: An approximately 17.61 gross acre vacant (retail/commercial)site consisting of 74 parcels located at the southwest corner of East Highland and Arden Avenues - APNs 1191-021-01; 1191-021-11 to 69; 1191-041-17 to 22; and 1191-041-25 to 32 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: Mark Development, Inc. Under Negotiation: Price and Terms of Payment CLOSED SESSION REPORT There were no reports from Closed Session. ADJOURNMENT The meeting adjourned at 9:58 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 will be held on Wednesday, February 19, 2020 in the Council Chamber located at 555 West 6th 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