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HomeMy WebLinkAbout02-19-2020 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org 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 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 Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/21/2020 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. Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) o. Pepe’s, Inc., a California corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501 p. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 q. Pepe’s Inc. v. City of San Bernardino, et al., 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/21/2020 (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 the mayor’s office relating to sexual harassment allegations. 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. Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/21/2020 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 and doesn’t understand why the police chief and assistant chief were given raises and that lawsuits are costing the city too much. She asked for the mayor’s resignation 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 Swing and his role in writing the city’s first 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 problems and that is why many people don’t drink and 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, asked why the meeting started late and then didn’t have video streaming. He asked the mayor to consider whether he’d want what he was 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, said he’d been criticized for some of the things he’s said at council meetings and defended his statements supporting Councilmember Mulvihill, the public safety committee and the Public Works department. He said the Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/21/2020 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. Robert Porter, San Bernardino, asked that people not vote for the 7th 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 Valentine’s Day 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 gardens as part of the city’s 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 children’s programs. She asked for help from local public figures to help her develop a program. Blanca Lopez, San Bernardino, asked that the city remove a marijuana business near two elementary schools, in the area of near Mt. Vernon and 16th 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/21/2020 daughter’s school. 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 San Bernardino’s Fiscal Year 2019/20 Budget Update 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 2/21/2020 CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion. 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 2/21/2020 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 2/21/2020 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 Regular Meeting Minutes February 19, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 2/21/2020 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, March 4, 2020 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Georgeann “Gigi” Hanna, MMC