HomeMy WebLinkAboutItem No. 02 - City Council Approval of Draft Minutes for February 19, 2020
Council Minutes
City of San Bernardino
Request for Council Action
Date: March 4, 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 February 19, 2020
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 meeting of February
19, 2020.
Discussion
Attached are the draft minutes for the February 19, 2020 meeting of the San Bernardino
Mayor and City Council of the City of San Bernardino, California.
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 meeting of February
19, 2020.
Attachments
Attachment 1 Draft Minutes for February 19, 2020
Page 1
Mayor John Valdivia
City of San Bernardino
Council Members
201 North E Street
Theodore Sanchez
San Bernardino, CA 92401
Sandra Ibarra
http://www.sbcity.org
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
DRAFT MINUTES
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY, M AYOR AND
C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY, AND M AYOR AND C ITY
C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE S AN B ERNARDINO J OIN P OWERS F INANCING
A UTHORITY
WEDNESDAY, FEBRUARY 19, 2020
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor John Valdivia on Wednesday, February 19, 2020, in the Council
Chamber, 555 West 6th Street, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:30 PM
Sandra Ibarra Council Member, Ward 2 Present 7:00 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
Regular Meeting DRAFT Minutes February 19, 2020
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
a. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino,
San Bernardino Superior Court Case No. CIVDS1914576
b. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San
Bernardino, San Bernardino Superior Court Case No. CIVDS1913826
c. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1911952
d. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1906467
e. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1830325
f. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1905710
Speaker
James Penman
g. KP Investment Group, LLC v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS1909577
h. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1704276, Court of Appeals Case No.
D076196
i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1922151
j. Isaak Bruno by and through his GAL, Ashley Dunning, et al. v. City of San
Bernardino, San Bernardino Superior Court Case No. CIVDS190255
k. Jorge Adan Pelayo vs. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1912441
l. M.H. by and through G.A.L. Nikitta Young v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1936459
m. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
n. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
o.
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No.
19-56501
p. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS1827968
q. , California Court of Appeal,
4th Appellate District, Division 2, Case No. E074145 (Underlying SBSC
Case No. CIVDS1827968)
r. Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS2003802
s. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1926978
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Regular Meeting DRAFT Minutes February 19, 2020
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): four cases
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor David McKenzie from St. Timothy Community Church gave the invocation and
led the pledge of allegiance.
HONORING RETIRING CITY CLERK, CITY ATTORNEY (ADDED AFTER THE
POSTING OF THE AGENDA)
Mayor Pro-tem Theodore Sanchez presented retiring City Clerk Gigi Hanna and City
Attorney Gary Saenz with plaques commemorating their service to the City.
Representatives from the offices of Assemblywoman Eloise Reyes, Senator Connie
Leyva and Congressman Pete Aguilar also honored them.
CLOSED SESSION REPORT
Deputy City Attorney Thomas Rice said that in the closed session, councilmembers and
city legal counsel discussed two claims the city has received from members of staff in
He said the city has strictly
complied with its harassment policies, has engaged a special independent investigator
who will conduct an expeditious investigation. Following the investigation, a neutral
report will be provided to the city to review, and information will be shared with the
public, he said. The report is due within 45 days, he said.
APPOINTMENTS
1. Sandra L. Kurkoske - Animal Control Commission Appointment - Third Ward
Councilmember Juan Figueroa
Approved
Motion: Appoint Ms. Sandra Kurkoske to the Animal Control Commission
representing Ward 3.
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
PRESENTATIONS
2. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange announced the upcoming Chamber of Commerce events.
3. Ruth Chafin - Citizen of the Month - 7th Ward Councilmember Jim Mulvihill
Councilmember Mulvihill honored Ms. Chafin as Citizen of the Month.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Paul Sanborn, San Bernardino, urged people to vote for Juan Figueroa in the
upcoming election, complained about a speaker at the previous council meeting who
said the Charter commissioners were under control of the mayor.
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Regular Meeting DRAFT Minutes February 19, 2020
Esmerelda Negrete, San Bernardino, discussed the five-year plan and said that
decisions that impact taxpayers continue to happen. She said if the council had taken
time to consider the residents, they would have made decisions better for the residents.
She said it could have saved the city thousands. She thanked the clerk and attorney for
their years of service.
Sandra Salazar, San Bernardino, said she is disappointed in how everyone is voting
that lawsuits ar
because the city cannot afford all his mistakes.
Sandra Ibarra, San Bernardino, asked the mayor to resign if the allegations of sexual
harassment were true in order to help the city move forward. She also spoke about the
euthanization of an animal without a hearing and said it was done counter to the
Municipal Code.
Barbara Babcock, San Bernardino, said she would miss the clerk and attorney. She
said the best thing the mayor could do for the city is to resign.
Ivan Garcia, San Bernardino, thanked the clerk and attorney for serving the city, being
honest and having integrity. He also praised Sandra Ibarra for her support and following
up on requests, thanked the Public Works department and Michael Huntley. He also
invited people to the SB Foodfest and expressed support its founder, Luis Ojeda,
candidate for council.
Tim Prince, San Bernardino, said it was bittersweet to see the end of the elected city
attorney and clerk and asked if people understood that that was the result of the new
charter. He said the years since have been poor for the city ad the past few weeks have
been the worst, with graffiti, trash and homeless everywhere. He spoke about Ralph
irst charter. He called the mayor an
embarrassment.
Thomas Fleming, San Bernardino, spoke about dogs and said there are no aggressive
dogs, just those neglected, ignored or abused. He said he understand s that sometimes
people drink and that it causes prob
said he is guessing that the mayor has probably had too much to drink. He said it is a
sexist state we live in. He questioned the need for four armed police in the council
chamber.
Hilda Wendtland, San Bernardino, invited people to the SB Foodfest on Saturday,
which will be honoring black history month. She spoke about how We Are the Change
came to hold the festival. She thanked the councilmembers who have attended and
admonished those who have not supported the vendors. She said she cannot sell a
house in a city that is bankrupt, told the Biblical story of Solomon, and asked the mayor
to resign.
Bill Rainboldt, San Bernardino,
have video streaming. He asked t
doing to his staff be done to his daughter. He called for the mayor to do the right thing
and resign.
Damon Alexander, San Bernardino, thanked Public Works and what they have been
doing and said that the department had been doing an excellent job getting things done.
He bid good-bye to the clerk and attorney and thanked them.
John Shollenberger, San Bernardino,
statements supporting Councilmember
Mulvihill, the public safety committee and the Public Works department. He said the
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Regular Meeting DRAFT Minutes February 19, 2020
lights are out on E street from Highland Avenue to Baseline and said it is a safety
hazard for students AT San Bernardino High School.
Majid Seraj thanked the clerk and attorney for their service.
Christopher Enhelder, CSUSB student, said he and other students had surveyed
people about the needs in the city and found that they thought homelessness is the
biggest problem facing the city. He said they had built a mobile charging resource
station for the homeless who need cell phones to be charged so that they can access
the resources available to them. He asked for people with insight on how to expand the
program to share it with him.
Treasure Ortiz, San Bernardino, said if the mayor and council appreciated the clerk
and attorney they should not have cut their pay rather than give them plaques. She
discussed the firing of the city manager, and the people who have accused the mayor of
sexual harassment. She asked the council when they will start thinking for themselves
rather than by bought by a mayor. She said their reputation would be smeared by their
association with the mayor.
th
Robert Porter, San Bernardino, asked that people not vote for the 7 Ward
councilmember Mulvihill and spoke about problems in the ward. He thanked
Councilmember Ibarra for speaking, Councilmember Figueroa for his work in the city,
and asked Mayor Valdivia to resign for making the city look bad. He said if alcohol is a
problem, that he should seek treatment.
Jose Reyes wished happy VDay to all women, said it would extend to the
end of the month, and provided his phone number. He said that the calendar is to
empower the freedom of religion and spoke about world history.
Moses Medel, San Bernardino, said he community
gardens, providing food to several homes and organizations in the neighborhood and
that a recent change in the Parks Department has revoked a grandfather clause, forcing
him to relinquish gardens he has worked for years. He asked that he continue to be
able to garden several garden plots.
Christina Williams, CSUSB Social Work student, said she and her team implemented
a community advocacy project. They chose the Muscoy area and surveyed sample of
participants to pinpoint a major need they could assist with. The most pressing need for
the community was safety, sidewalks, more street lights, roads fixed and more
ures to help her develop a
program.
Blanca Lopez, San Bernardino, asked that the city remove a marijuana business near
th
two elementary schools, in the area of near Mt. Vernon and 16 streets. She said she
had spoken to Oliver Mujica and was told she would be given information about her
request and had not received any information that the city was working on her concerns.
Scott Olson, San Bernardino, said people are innocent until proven guilty, unless
someone is one the wrong side of current politics. He said that the women who
complained about sexual harassment were ignored by city officials. He said guilt by
association and personal attacks are the only thing that opponents have left to attack
incumbent councilmembers. He said a piece in the Black Voice News explains why he
is supporting the incumbents.
Gregory Taylor, San Bernardino, said he appreciate his meeting with the mayor and
councilmember Richard the previous week. He said he received some answers but not
all the answers he wanted. He said he will support them when he sees action. He asked
Councilmember Ibarra what was going to be done about the homeless in the area of his
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He said he would like to see the same level of police in his
neighborhood as he does at the council meetings.
STAFF REPORTS
4. REQUEST TO AMEND COMMERCIAL CANNABIS BUSINESS PERMIT TO
PROVIDE A CHANGE IN LOCATION FROM 4130 W. HALLMARK PARKWAY
TO 390 N. H STREET
Speakers
Chris Kim
Raquel Origel
Majid Seraj
Danny Mathis
Moses Medel
Blanca Lopez
Approved
Motion: Approve the commercial cannabis business permit
location change from 4130 W. Hallmark Parkway to
390 N. H Street.
RESULT: ADOPTED \[4-3\]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Figueroa, Shorett, Nickel Richard
NOES: Sanchez, Ibarra, Mulvihill
5. Receive and File the Comprehensive Annual Financial Report for Fiscal Year
2018/19
No vote was taken on this item.
6. Mid-Year Financial Review - Fiscal Year 2019/20
Approved
Motion: Adopt the resolution
Reso. 2020-42 Resolution of the Mayor and City Council of the City
of San Bernardino, California, approving the City of
and related budget amendment actions.
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
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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
remaining items received 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
7. City Council Approval of Draft Minutes for June through September 2019
Approved
Motion: 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.
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
8. Receive and File Minutes Approved from Various City Boards & Commissions
Approved
Motion: Receive and file the minutes from the City Board,
Commission, and Citizen Advisory Committee
meetings approved in December 2019 and January
2020.
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
9. Approval of Commercial and Payroll Disbursements
Approved
Motion: Approve the commercial and payroll disbursements
for January 2020.
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
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Regular Meeting DRAFT Minutes February 19, 2020
10. 2nd Reading of Ordinance of MC-1530 Approving Development Code
Amendment - Norton Science
Approved
Motion: Accept for final reading and adopt the ordinance.
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
approximately 18.06 acres (Attachment 1).
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
11. Adoption of 2020 Legislative and Regulatory Platform
Approved
Motion: Approve the 2020 Legislative and Regulatory
Platform.
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. SB 2 Planning Grant
Approved
Motion: Adopt the resolution.
Reso. 2020-37 Resolution of the Mayor and City Council of the City
of San Bernardino, California, authorizing the City
Manager to instruct Evan Brooks Associates to submit
an updated City Council resolution with the application
for the SB 2 Planning Grant intended to fund the
update to the City's Development Code.
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
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13. Imposing Liens to Recover Costs for Code Enforcement Public Nuisance
Abatements
Approved
Motion: Adopt the resolution.
Reso. 2020-38 Resolution of the Mayor and City Council of the City
of San Bernardino, California, imposing liens on
certain real property located within the City San
Bernardino for the costs of Code Enforcement public
nuisance abatements.
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. License Agreement and Street Dedication with S&S Baseline 76, Inc. for a
Permanent Encroachment at 799 W. Baseline Street (APN 0140-013-26)
Approved
Motion: Adopt the resolution.
Reso. 2020-39 Resolution of the Mayor and City Council of the City of
San Bernardino, California, accepting the street
dedication for APN 0140-013-26 and APN 0140-0131-
06, 07, and authorizing the execution of a License
Agreement with S&S Baseline 76 Inc. for the
encroachment of four (4) parking stalls and parking lot
lights at 799 W. Baseline Street, San Bernardino.
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. Rejecting Construction Bids for 201 E Street ADA Parking Expansion
Approved
Motion: Adopt the resolution.
Reso. 2020-41 Resolution the Mayor and City Council of the City of
San Bernardino, California, rejecting all bids for the
201 E Street ADA Parking Expansion Project and
allow staff to revisit the required scope of work and
research additional funding sources.
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
Mayor and City Council of the City of San Bernardino Page 9 Printed 2/21/2020
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ITEMS TO BE REFERRED TO COMMITTEE
Councilmember Sanchez asked that staff come back at the March 18, 2020 meeting
with an ordinance or resolution regarding campaign finance.
RESULT: FAILED \[5-2\]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra
NOES: Figueroa, Shorett, Nickel, Richard, Mulvihill
Councilmember Figueroa asked that the issue of the Sports Complex come back to
council for consideration.
RESULT: ADOPTED \[7-0\]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
REPORTS ON CONFERENCES/MEETINGS ATTENDED
No reports were given.
ADJOURNMENT
The meeting adjourned at 10:45 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,
, 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
Mayor and City Council of the City of San Bernardino Page 10 Printed 2/21/2020