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Home My WebLink About11-06-19 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, NOVEMBER 6, 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, November 6, 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 5:30 PM Henry Nickel Council Member, Ward 5 Present 5:30 PM Bessine L. Richard Council Member, Ward 6 Absent James Mulvihill Council Member, Ward 7 Present 5:30 PM John Valdivia Mayor Present 5:30 PM Georgeann "Gigi" Hanna City Clerk Present 5:35 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 Joint Regular Meeting Minutes November 6, 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. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 Speaker Treasure Ortiz iii. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1911952 iv. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 v. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1830325 vi. SB Pharma Holdings, Inc., dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 vii. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1905710 viii. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1922151 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): one case Speakers Lynne Wear Kathy Mallon (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): one case (D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: i. Property: 27 parcels of vacant real property, equaling approximately 6.56 acres, generally located along 5th Street between “H” and “F” Streets (APNs 0134-053-20-23, 25 & 26; 0134-054-07- 09 and 24-26; 0134-061-21, 22, 25 & 30; 0134- 093-05-09; 0134-101-02-06 & 28) Agency negotiator: Teri Ledoux, City Manager Negotiating parties: ICO Real Estate Group Under negotiation: Price and Terms of Purchase Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/13/2019 INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation and Pledge of Allegiance were led by David Okonkwo, Director, Diocese of San Bernardino. The Pledge was led by CLOSED SESSION REPORT City Attorney Gary Saenz reported that there was no reportable action in Closed Session. APPOINTMENTS 1. Charter Review Commission Appointment Approved Motion: Appoint Mr. Jessie G. Morfin to the Charter Review Commission. Mr. Morfin as the Mayor's appointee. RESULT: ADOPTED [6 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 2. Personnel Commission Appointment Approved Motion: Appoint Ms. Donna Howard to the Personnel Commission. RESULT: ADOPTED [6 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 3. Personnel Commission Appointment Approved Motion: Appoint Mr. Benito J. Barrios to the Personnel Commission. RESULT: ADOPTED [6 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/13/2019 4. Library Board Appointment Approved Motion: Appoint Ms. Jennifer Grant to the Library Board. RESULT: ADOPTED [6 to 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard PRESENTATIONS 5. National Nurse Practitioner Week – November 10-16, 2019 – Mayor John Valdivia Mayor Valdivia presented a Proclamation honoring Nurse Practitioner Week. 6. Certificate of Recognition – Project Fighting Chance - F.I.G.H.T.S Elites Boxing Program: “Terrible” Terry Washington; Ruffin “The Hammer” Harris; Charles “Lolo” Harris; “Killa” Kenny Lobatoz; and Isaiah Harris – Mayor John Valdivia Mayor Valdivia presented a Certificate of Recognition honoring the Project Fighting Chance champions “Terrible” Terry Washington; Ruffin “The Hammer” Harris; Charles “Lolo” Harris; “Killa” Kenny Lobatoz; and Isaiah Harris as well as their trainers, Ian Franklin and Terry Boykins. 7. Certificate of Recognition – Pam Montana – Greater San Bernardino Kiwanis President – Councilmember Jim Mulvihill Councilmember Mulvihill presented a Certificate of Recognition honoring Pam Montana for her work in the community. 8. Chamber of Commerce & Local Elected Officials Announcements Dion Taylor, field representative for James Ramos, announced that the Assemblyman would be honoring veterans throughout the district on November 13, 2019. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Jose Cortez, San Bernardino, (via translator) spoke about warehouses and questioned whether septic tanks are being built against code and said they pose a health concern. Ivan Garcia, San Bernardino spoke about the alley behind his house and he asked when the City would respond to his request for work on it because it floods whenever it rains. Additionally, he mentioned that he had applied to be a city volunteer and asked when he would hear about that. Luis Ojeda, San Bernardino, spoke about the lack of lights available for the previous week’s SB Food Fest. He also said he was concerned about city employees lying to him about city properties available for sale. He said he was concerned about the shootings in the city. He said he called the police commander Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/13/2019 in charge of the area he lives in, but has not had a response, although he has information about the shooters. Cheryl Brown (speaking for Hardy Brown), San Bernardino, thanked the City Manager for meeting with him at home the previous month and congratulated her for not taking a raise. Mirna Spear, San Bernardino, spoke about water issues in front of her property. She sais she was still waiting for a phone call that she was promised from her previous complaints to council about the issue. Dawn Hutchinson spoke about the animal shelter director and said current policies and unqualified kennel workers have detrimental effects on sick cats. She spoke about a particular kitten, Arthur, who died shortly after adoption and presented a box to the mayor which she said contained the body of Arthur. Thomas Fleming, San Bernardino, spoke about the situation with dead animals on the road, fire dangers, broken glass on the sidewalks and encounters he has with homeless people. Jose Raz, spoke about respecting the American pantheon, respecting women, gun control and freedom of speech and encouraged people to speak their minds. Kanisha Boyd, San Bernardino, spoke about the SB Food Fest and thanked city officials for their support and patronage. She decried the lack of lighting at the previous week’s event. Pearline Jones, San Bernardino, said she is homeless and the city is lacking in service for the homeless, including lack of showers, placed to relieve themselves or avail themselves of services. David Maya, San Bernardino, said he supports the work of the current administration and that the work they do are tough and often thankless. He said he opposed the building of the TAD building and said it had been months with no decisions. He said there are bad traffic problems in the 27th/Little Mountain area and the building will only add to the problem. He invited the Mayor and council to take a drive in the area to see for themselves. He also decried the raises in the city when nothing is getting done. Richard Rodriguez, San Bernardino, defended city employees’ attention to the SB Food Fest lighting issue and said the problem was caused by vandalism at the convention center, mall and cut a water pipe. He said it is not the city’s fault because they cannot control the vandals without citizen involvement. Esmerelda Negrete, San Bernardino, made a formal request for an investigation of possible misuse of public funds for the purpose of paying for campaign platforms for Councilmmbers Nickel, Figueroa and Richard under the pretense of calling them “town hall meetings,” referencing Penal Code 487. Kim Knaus, San Bernardino, thanked the City Manager for declining a raise. She also spoke about the SB Food Fest and it bringing people back to downtown. She said the lack of electricity at the previous week’s event was embarrassing. She said it wasn’t about blaming anyone, but about everyone working together to rise together. Hilda Wendtland, San Bernardino, decried the cavalier attitude and the lack of electricity at the SB Food Fest and the blaming of residents. She asked rhetorically Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/13/2019 who has a party and doesn’t check the day prior to make sure everything was in order. We Are the Change is making a difference and bringing people downtown. She said Councilmember Sanchez is supposed to show up to the event, which is in his ward. Sharon Goldberg, San Bernardino, said the mayor and council are arguing about the wrong things, that there are too many people hurting and homeless. She wants to he mall to be the centerpiece in turning things around. John Schollenberger, San Bernardino, recognized regular public speakers at council meeting, including Luis Ojeda, Treasure Ortiz and Cheryl and Hardy Brown. He said he appreciates the people because they make the community better and want to see good things for the city. He congratulated the City Manager for not taking a pay increase. Gertrude Frydel, San Bernardino, provided a public thank you for the fire department in their efforts to fight recent fires in the North End. Cora Meyer, San Bernardino, asked the council to remember the recent winds, fires and evacuations and power outages. SO many families had to leave their homes in the middle of the night. Christopher Kim said he has been looking for city owned properties for over a year and is still unclear of who is in charge or who he should speak to. He said he feels sorry for the homeless people and animals, but San Bernardino has no money. He mentioned the Cathedral City, Palm Springs and Desert Hot Springs and how cannabis funds have improved their respective budgets. Paul Sanborn, San Bernardino, spoke about Eli Palmer and handed the council a paper about him. Palmer was an ambassador to several countries under 8 presidents. He spoke about several fires in the northern part of the city over the years and said the council to needs to look at the issue of building in the area harder. THE MAYOR AND COUNCIL TOOK A BREAK FROM 8:59 P.M. TO 9:13 P.M. STAFF REPORTS 9. Illegal Marijuana Dispensary Enforcement Speaker Matthew Herold Anthony Korfa Matthew Harold Christopher Kim No vote was taken on this item. 10. Discuss and Provide Direction on Police Substations and Adopt a Resolution Authorizing an Agreement with Hillard and Heintze to Conduct an Assessment of Operations of the Police Department Speakers Dawn Thomas Hardy Brown Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/13/2019 Treasure Ortiz Page Miller Approved Motion: Authorize the City Manager to discuss with Macerich Company the possibility of them covering the cost of utilities for the proposed substation. RESULT: ADOPTED [3 to 3; Mayor broke tie] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Figueroa, Nickel, Mulvihill NOES: Sanchez, Ibarra, Shorett, ABSENT: Richard Substitute Motion: Deny funding for the proposed substation RESULT: FAILED [2 to 4] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, NOES: Shorett, Mulvihill ABSENT: Richard Approved Motion: Separate item to consider recommendations separately. RESULT: ADOPTED [5 to 1] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel, Shorett NOES: Mulvihill ABSENT: Richard 11. Review and Consider Amending the Rules on Decorum of City Council Meetings to Set Forth Time Limits Approved Motion: Rescind the five-minute time limit for councilmembers speaking on an item. Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/13/2019 RESULT: ADOPTED [5 to 1] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Shorett, Nickel, Mulvihill NOES: Figueroa ABSENT: Richard 12. Establishment of the Animal Services Department Speakers Janine Nielsen Page Miller Esmerelda Negrete Motion: Adopt the resolution. Reso. 2019-314 Resolution of the Mayor and City Council of the City of San Bernardino, California, establishing the classification and approving the job description of Director of Animal Services (U), establishing the Animal Services Department, and amending the Fiscal Year 2019/20 Adopted Budget. RESULT: FAILED [2 to 4] * MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Figueroa, Nickel NOES: Sanchez, Ibarra, Shorett, Mulvihill ABSENT: Richard *Mayor indicated he would veto the item administratively Motion: Continue item to December 4, 2019 meeting. RESULT: FAILED [3 to 3] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Figueroa, Nickel NOES: Sanchez, Ibarra, Shorett, Mulvihill ABSENT: Richard Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 11/13/2019 13. Fireworks Permitting and Penalties for Fireworks Violations Speakers Hardy Brown John Hall Jacinto Valdez Harry Hatch Page Miller John Kelly Thomas Fleming Jose Raz Approved Motion: Accept the recommendations provided in the staff report. RESULT: ADOPTED [6 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard PUBLIC HEARINGS 14. Public Hearing on Annexation No. 1 to Community Facilities District 2019-1 (Maintenance Services) for Tract 17329, Adoption of Resolutions for Annexing into the Community Facilities District, and First Reading of an Ordinance Levying Special Taxes for Fiscal Year 2019-20 The Mayor opened the hearing and asked the clerk to swear in those who were there to speak on the item. He asked the Clerk if any written protests were received on the item. There were none. Councilmember Nickel closed the hearing at 10:50 p.m. Speaker Cora Meyer, opposed Approved Motion: Adopt the resolution. Reso. 2019-309 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 area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 1). Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 11/13/2019 RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard Approved Motion: Adopt the resolution. Reso. 2019-310 Resolution of the Mayor and City Council of the City of San Bernardino, California, declaring election results for to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 1). RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard Approved Motion: Adopt the ordinance. MC-1523 Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending MC-1522 and levying special taxes to be collected during fiscal year 2019-20 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 (Maintenance Services). RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 15. Appeal 19-03 - 6-Unit Multi-Family, Development Permit Type-P 18-09 and Variance 19-03 (3459 North E Street) Councilmember Nickel opened the hearing. Speakers William Giles, opposed Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 11/13/2019 Victor Guerrero, opposed Approved Motion: Adopt the resolution. Reso. 2019-316 Resolution of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 19-03 of the Planning Commission’s denial, thereby approving Development Permit Type-P 18-09 and Variance 19-03. RESULT: ADOPTED [3 to 3]* Mayor broke the tie MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Juan Figueroa, Council Member, Ward 7 AYES: Figueroa, Shorett, Nickel NOES: Sanchez, Ibarra, Mulvihill ABSENT: Richard 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 18 was pulled by Councilmembers Ibarra, Shorett and Mulvihill for more discussion; Item 22 was pulled by Councilmember Nickel. Approved Motion: Approve the remaining items on the Consent Calendar. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 16. Waive Full Reading of Resolutions and Ordinances Approved Motion: Waive full reading of Resolutions and Ordinances on the agenda dated November 6, 2019. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 12 Printed 11/13/2019 17. Approval of Commercial and Payroll Disbursements Approved Motion: Approve the commercial and payroll disbursements for September 2019. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 18. Update the Basic Compensation Plan for San Bernardino Police Department (Police Management) Speaker Hardy Brown Treasure Ortiz Stan Futch Esmerelda Negrete Calvin Ward Stan Futch Esmerelda Negrete Page Miller John Schollenberger Gertrude Frydel Motion: Adopt the resolution; and Authorize the Director of Finance to amend the FY 2019-20 budget and transfer $37,503 from account number 001-210- 0084-5014 (dispatch part-time salaries) to account number 001-210-0001-50xx (police administration full-time salary and benefits). Reso. 2019-313 Resolution of the Mayor and City Council of the City of San Bernardino updating salaries for the San Bernardino Police Department Ranges P-6 (Assistant Chief) and P-7 (Chief) effective August 1, 2019 and approving a basic compensation plan for the Police. RESULT: FAILED [2 to 4] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Nickel NOES: Ibarra, Figueroa, Shorett, Mulvihill ABSENT: Richard Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 13 Printed 11/13/2019 19. August, September and October 2019 City Board, Commission & Citizen Advisory Committee Approved Minutes Approved Motion: Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in September and October 2019. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 20. Treasurer’s Report for the Quarter Ended September 30, 2019 Approved Motion: Receive and file the Treasurer’s Report for the quarter ended September 30, 2019. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 21. Resolution to Approve City Investment Policy for FY 2019-20 Approved Motion: Adopt the resolution. Reso. 2019-317 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the City Investment Policy for FY 2019/20. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 22. Agreement with State for General Plan Update Approved Motion: Adopt the resolution. Reso. 2019-320 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into an agreement with the State of California to accept Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 14 Printed 11/13/2019 funding in the amount of $3,000,000 to update the City’s Comprehensive General Plan and; authorize the City Manager to execute the agreement and; authorize the Finance Director to amend the FY 2019-20 adopted budget accordingly. RESULT: ADOPTED [6 to 0] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 23. Historic Preservation Property Agreement for 320 North E Street Speaker Christopher Gonzalez Approved Motion: Adopt the resolution. Reso. 2019-324 Resolution of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Historic Property Preservation Agreement between the City of San Bernardino and 320 North E Street LLC C/O Alan Stanly (“Owner”). RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 24. First Amendment to Infrastructure Engineers for the Preparation Of Plans, Specifications, and Estimate for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001) Approved Motion: Adopt the resolution. Reso. 2019-322 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to Agreement with Advanced Applied Engineering, Inc., dba Infrastructure Engineers, in the amount of $14,023.28 for the preparation of Plans, Specifications and Estimates for ATP Cycle 2 - Safe Routes to School Project at 3 Locations (SS17-001); authorize the City Manager or designee to sign and execute the amendment; and authorize the Finance Director to amend the FY 2019/20 budget accordingly. Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 15 Printed 11/13/2019 RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 25. DIF Credit/Agreement (Municipal Code §§ 3.27.140, 150) with CH Realty VIII/I San Bernardino Waterman, L.P. Approved Motion: Adopt the resolution. Reso. 2019-321 Resolution of the Mayor and City Council of the City of San Bernardino, California approving the Development Impact Fee Credit Agreement (“DIF Agreement”) with CH Realty VIII/I San Bernardino Waterman, L.P (“CH”), in recognition of CH’s construction of public improvements which will benefit the City’s local and regional circulation system and increase traffic safety throughout the area. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard 26. Professional Services Agreement with PlaceWorks for the BNSF Ono Lead Extension Project Approved Motion: Adopt the resolution. Reso. 2019-319 Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the Professional Services Agreement with PlaceWorks to provide third-party CEQA review services for the BNSF Ono Lead Extension Project (Attachment 1); authorize the City Manager or designee to sign and execute the agreement; and authorize the Finance Director to amend the FY 2019-20 adopted budget accordingly. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard Joint Regular Meeting Minutes November 6, 2019 Mayor and City Council of the City of San Bernardino Page 16 Printed 11/13/2019 ITEMS TO BE REFERRED TO COMMITTEE Approved Motion: Direct the City manager to: • Study recruitment issues for the City Manager and City Clerk positions and report to the Mayor and City Council in January • Agendize discussion of a policy discussion regarding the contract with the Radisson Hotel • Bring the solid waste contract to the council for discussion. RESULT: ADOPTED [6 to 0] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Mulvihill ABSENT: Richard REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports presented. ADJOURNMENT The meeting adjourned at 11:55 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, December 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