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Home My WebLink About10-16-19 MCC Minutes 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, OCTOBER 16, 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 Pro-tem Bessine Richard on Wednesday, October 16, 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 Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present 6:57 PM Fred Shorett Council Member, Ward 4 Absent Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Absent John Valdivia Mayor Absent Georgeann "Gigi" Hanna City Clerk Present Gary D. Saenz City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 11/13/2019 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1926878 ii. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 iii. 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) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): one case Speakers Joyce Seeger Lynne Wear C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: i. Property: An approximately 0.11-acre vacant residential lot located at N. J Street, Wall Avenue, APN 0144-123-03 Agency negotiator: Teri Ledoux, City Manager Negotiating parties: Gonzalo Salazar Under negotiation: Price and Terms of Purchase ii. Property: An approximately 0.11-acre vacant residential lot located at N. J Street, Wall Avenue, APN 0144-131-36 Agency negotiator: Teri Ledoux Negotiating parties: Gonzalo Salazar Under negotiation: Price and Terms of Purchase iii. Property: An approximately 0.11-acre vacant residential lot located at W. 17th Street, APN 0144-123-46 Agency negotiator: Teri Ledoux Negotiating parties: Jorge Luis Nunez Under negotiation: Price and Terms of Purchase iv. Property: An approximately 0.08-acre vacant residential lot located at 673 N. Crescent Avenue, APN 0134-014-10 Agency negotiator: Teri Ledoux Negotiating parties: JSC Enterprises, LLC Under negotiation: Price and Terms of Purchase v. Property: An approximately 0.17-acre vacant residential lot located 1256 Wall Avenue, APN 0146-241- 07 Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/13/2019 Agency negotiator: Teri Ledoux Negotiating parties: Sunrise Trust Under negotiation: Price and Terms of Purchase vi. Property: An approximately 0.23-acre vacant industrial lot located at 686 E. Santa Fe Street, APN 0280-062-07 Agency negotiator: Teri Ledoux Negotiating parties: The Neville Firm, Inc. Under negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE Pastor James Grant from New Beginnings Ministry of Love gave the invocation. Joshua Everardo Garcia Diaz, 4th Grade student at Lytle Creek Elementary School, led the Pledge of Allegiance. CLOSED SESSION REPORT There was no report from Closed Session. Approved Motion: Waive Closed Session privilege and announce potential action regarding the development Code. Senior Assistant City Attorney Sonia Carvalho announced that the council had asked her to prepare a draft resolution stating the council’s opposition to the TAD office or continued use of the property by the County of San Bernardino. The council will consider amending the Development Code to make clear that this type of use would require a Conditional Use Permit. RESULT: ADOPTED [5 to 0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill PRESENTATIONS 1. 25th Year Anniversary of the Desert Protection Act Councilmember Nickel presented a certificate of recognition to the Sierra Club. 2. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Lynne Wear, San Bernardino, said she and the Muscupiabe Neighborhood Association stand united against the welfare office in their neighborhood and announced a protest to be held at 4 p.m. the following day at 27th and Little Mountain roads for the council’s failure to protect the public. Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/13/2019 Jason Lola said he wanted to help bridge th gap with the youth and the city and keep violence out of the city by having youth programs. He said a Cannabis Fairness Tax would open doors for low income people to get into business and asked the City to provide more licenses. Luis Ojeda, San Bernardino, said the city needs to attract businesses. He said the SB Food fest organizers would provide pink ribbons for all who attend the upcoming Food Fest. He said he would begin Sunday morning city clean-ups again this week. Thomas Flemming, San Bernardino, said he had Googled the Mayor and Council members about their accomplishments and goals. He suggested installing more trash cans, building homeless shelters and make San Bernardino a great City. John Shollenberger, San Bernardino, thanked the Public Works department for the stop sign at 28th and D streets. He suggested the city use already elected officials to advocate for the city before spending other money Jose Rase spoke about slavery, flying dogs and President Calhoun. Stan Futch, San Bernardino, speaking on behalf of the Westside Action Group, spoke about the disparity in the ranks of the police department and said it had lost its highest ranking African American employee, making the disparity even greater.. He invited the Mayor and Council to visit WAG and address the matter. Every Monday at noon at the former Boys and Girls Club facility. Treasure Ortiz, San Bernardino, spoke against city funds being used to hire advocacy groups. She thanked Councilmember Ibarra for speaking against it. She decried the process of awarding the contract to a company that did not win the bid. Cheryl Brown, speaking for Hardy Brown, San Bernardino, discussed the EOC language on the city’s Human Resources page. She asked that the city act responsibly and open the police management positions to the public, then vet the candidates. Mrs. Jacinto, San Bernardino, said she would be willing to pay more property taxes to pay for more police. Levi Deatherage, San Bernardino, asked what it would take to get the council to look up from their phones and laptops, saying it leaves residents wondering what they voted them in for. He asked who among the council are mentoring youth, and what people will take away from the council members’ time on the council. Ivan Garcia, San Bernardino, praised City staff for attending the SB Food Fest, complained about his City-owned alley being flooded. He said he has asked for help because there is flooding on his property. He praised the GoRequest app and timely police response to his complaints regarding illegal dumping and squatters. Joyce Seeger, San Bernardino, spoke about the proposed TAD office ad her belief of corruption, misuse of taxpayer money and the City not following the Development Code in approving the project. PUBLIC HEARING 3. Public Hearing on Annexation No. 1 to Community Facilities District 2019-1 for Tract 17329 This item was continued to the November 6, 2019 meeting. Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/13/2019 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 or to move it to another meeting. Item 7 was pulled by Councilmembers Nickel. Item 8 was pulled by Councilmembers Figueroa and Nickel. Item 13 was pulled by Councilmember Ibarra. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra Councilmember Ibarra left the meeting at 7:49 p.m. and returned at 7:53 p.m. 4. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated October 16, 2019. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 5. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for September 2019. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/13/2019 6. July, August and September 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 July, August, and September 2019. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 7. Authorize Issuance of a Purchase Order for Mobile Vehicle Barriers Approved Motion: Adopt the resolution. Reso No. 2019-307 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of a Purchase Order to Delta Scientific Corporation in an amount not to exceed $186,000. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 8. Purchase Order Increase for Platinum Security Approved Motion: Authorize the Director of Finance to amend the FY 2019/20 budget by transferring $80,000 in professional contractual services from the City Manager’s administration budget to the Public Works Department’s Facilities professional/contractual services budget to fund the increase to the City’s security services contract with Platinum Security. RESULT: ADOPTED [3 to 2] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Nickel, Richard NOES: Ibarra, Figueroa ABSENT: Shorett, Mulvihill Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/13/2019 9. Concrete Maintenance Services Approved Motion: Adopt the resolution. Reso. No. 2019-308 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $300,000 with three (3) one-year extensions at the City’s option to Environmental Project Services, Inc., for concrete maintenance services. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 10. Plan No. 13340 – Proposed Street and Alley Vacations of Portions of (Old) N. “I” Street, Between 5Th and 6Th Streets – Authorization to Proceed Approved Motion: Authorize City staff to proceed with the investigation of the request to vacate portions of the street and alley of (Old) N. “I” Street, between 5th and 6th Streets for Plan No. 13340. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 11. Resolution Declaring Intent to Annex Territory - CFD 2019-1 Annex 2 Approved Motion: Adopt the resolution. Reso. No. 2019-311 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. 2) and authorizing the levy of special taxes therein. Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/13/2019 RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 12. First Amendment to HOME Investment Partnerships Program Grant Agreement for Infill Housing Program with Housing Partners I Approved Motion: Authorize the execution of the First Amendment to the HOME Investment Partnerships Program Grant Agreement for Infill Housing Program with Housing Partners I. RESULT: ADOPTED [4 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard ABSENT: Shorett, Mulvihill, Ibarra 13. Amendment to Legislative Advocacy Professional Services Agreements Speaker John Schollenberger Approved Motion: Adopt the resolution. Reso. No. 2019-312 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute amended Professional Services Agreements between the City of San Bernardino and Joe A. Gonsalves & Son for state legislative advocacy services as approved by Resolution No. 2019-300 and between the City of San Bernardino and Federal Advocates Inc. for federal legislative advocacy services as approved by Resolution No. 2019-301 on October 2, 2019. RESULT: ADOPTED [4 to 1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Bessine Richard, Council Member, Ward 5 AYES: Sanchez, Figueroa, Nickel, Richard NOES: Ibarra ABSENT: Shorett, Mulvihill Regular Meeting Minutes October 16, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 11/13/2019 ITEMS TO BE REFERRED TO COMMITTEE None REPORTS ON CONFERENCES/MEETINGS ATTENDED None ADJOURNMENT The meeting adjourned at 8:00 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 Friday, October 25, 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