HomeMy WebLinkAboutItem No. 09 - City Council Approval of Draft Minutes for the Regular Meeting of March 4, 2020
Page 1
Council Minutes
City of San Bernardino
Request for Council Action
Date: April 15, 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 March 4, 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 March 4,
2020.
Discussion
Attached are the draft minutes for the regular meeting of the Mayor and City Council of
the City of San Bernardino, California, for March 4, 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 March 4,
2020.
Attachments
Attachment 1 Draft Minutes for March 4, 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, MARCH 4, 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, March 4, 2020, in the Board Room,
555 West "6th" Street, San Bernardino, CA. 92405
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
Acting City Clerk Genoveva Rocha
Assistant City Attorney Thomas Rice
City Manager Teri Ledoux
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine L. Richard
Jim Mulvihill
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/6/2020
5:30 P.M.
There were no public speakers present prior to the Closed Session.
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, et al., San
Bernardino Superior Court Case No. CIVDS2003802
iii. 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)
iv. 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
v. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS1827968
vi. 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)
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
One case
(C) PUBLIC EMPLOYEE APPOINTMENTS - Pursuant to Government Code
Section 54957(b): City Manager and City Clerk - City Manager initiated to
discuss procedure related to future appointments
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Captain Russell Fritz of the Salvation Army led the invocation and the Pledge of
Allegiance.
CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice stated there was no reportable action taken in
Closed Session.
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/6/2020
PRESENTATIONS
1. Chamber of Commerce & Local Elected Officials Announcements
Colin Strange gave an update on upcoming Chamber of Commerce activities.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Treasure Ortiz, San Bernardino, spoke on the allega tions against the Mayor and
requested that the City Council take action; she also spoke on the pending claims
against the City.
Thomas Fleming, San Bernardino, spoke on the conditions of the streets in the City.
Paul Sanborn, San Bernardino, spoke on the election results and requested that
Councilmember Mulvihill concede.
Luis Ojeda, San Bernardino, spoke on conceding the council race for Ward 3; he spoke
on the progress in the City and commended Councilmember Figueroa on running a
clean race.
Robert Porter, San Bernardino, congratulated the winners of the primary election. He
requested that the City Council contact the County of San Bernardino and work together
to create a memorial for the victims of the San Bernardino terrorist attack.
Mariah Duran- Novella, CSUSB, spoke on the social welfare need in the community.
Scott Olson, San Bernardino, congratulated Councilmember Figueroa on his win in
Ward 3, stated he hoped Councilmember Richard wins her race, and he spoke on the
issues with the Mayor and the Mayor’s staff.
Harry Hatch, read a letter into the record that he submitted regarding the sexual
harassment allegations against the mayor.
Ali Brown, Alma Spry and Kaylin Lopez, PEP at CSUSB, spoke on attention to safety
in lower-income high crime neighborhoods.
At this time Mayor Valdivia extended his congratulations to Councilmember Figueroa for
winning the election for W ard 3, he stated the Registrar of Voters would release an
updated count later in the week. He thanked the voters for their patience throughout the
election process.
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/6/2020
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.
RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NOS. 6&7.
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
2. 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.
3. Approval of Commercial and Payroll Disbursements for January/February
2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for January/February 2020.
4. Monthly Investment Portfolio Report for the Month of January 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for January 2020.
5. Second Reading and Adoption of Ordinance No. MC-1528 Amending
Ordinance No. MC-1522 and Levying Special Taxes to be Collected During
Fiscal Year 2020/21 for Community Facilities District No. 2019-1 (Maintenance
Services) (Annexation No. 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
conduct the Second Reading and adoption of Ordinance No. MC -1528, 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 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 City of San Bernardino Community
Facilities District No. 2019-1 (Maintenance Services).
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/6/2020
6. Award of a Professional Service Agreement for ATP Cycle 2 - Safe Routes
to School Project at 3 Locations - Non Infrastructure Component (SS17-
001)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-40, approving the award of a Professional
Service Agreement with ALTA Planning & Design in the amount of $63,944 for
ATP Cycle 2 - Safe Routes to School Project - Non Infrastructure Component
(SS17- 001).
Councilmember Figueroa expressed that this project was another example of
how the City is looking to work with other agencies for the betterment of the
community. He encouraged that the City take a proactive approach with the
remaining schools, specifically Victoria Elementary School, to work with them in
the future.
Mayor Valdivia pointed out that Victoria Elementary fell within the jurisdiction of
Redlands Unified School District, but that it would be a great opportunity to
collaborate with the district for grants since the majority of the students were from
San Bernardino. Mayor Valdivia brought attention to other areas needing
attention.
Councilmember Ibarra thanked staff for their work and suggested that staff look
into the traffic control at Riley Elementary in the future.
RESULT: Adopted
ADOPTED [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
7. Award of Construction Contract for Parking Lot Improvements at
Various Locations
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-41:
1. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include
parking lot improvements at various locations (“Project’); and
2. Approving a total project budget in the amount of $568,201 for the
construction contract in the amount of $496,445, project contingencies in
the amount of $49,756, and engineering and inspection budgets in the
amount of $22,000, for the collective costs for parking improvements at
three park locations; and
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/6/2020
3. Authorizing the Director of Finance to record a budget adjustment in
Parkland DIF Fund No. 268-160-8615-5504 in the amount of $93,047 to
support the full cost of parking lot improvements at the San Bernardino
Soccer Complex portion of the project; and
4. Approving the award of a Construction Contract with Pave West, Inc. of
Arcadia, California, in the amount of $496,445 to perform construction of
the project; and
5. Authorizing the City Manager, or designee, to expend the contingency
fund, if necessary, to complete the project.
Works Direction Kristen Jensen provided the Mayor and City Council with a brief
presentation on the item.
Mayor Pro-Tem Sanchez stated that he pulled this item so that staff could be
recognized for the work that they have done on this project. He commended Deputy
Public Works Director Alex Qishta for vetting all the projects and salvaging the bridge.
Councilmember Figueroa stated he agreed with Mayor Pro-Tem Sanchez. He thanked
the City Manager and staff for their work on the project.
Councilmember Nickel inquired, and Deputy Public Works Director Alex Qishta informed
that the grading would be installed within six weeks and that work on the bridge had
commenced the day before.
RESULT: Adopted
ADOPTED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
8. Resolution for Waste Tire Cleanup Grant Program FY 20/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2020-42A of the Mayor and City Council of the City of
San Bernardino, California, approving the submittal of an application for Grant
Programs offered by CalRecycle and related authorizations; and
2. Authorize the Director of Finance to record budget adjustments to Grant Fund
No. 123 revenue (Account No. 123-400-0981-4695) and operating
expenditure budgets (Account 123-400-0981-5015/5111) upon notice of
Waste Tire Cleanup Grant award from CalRecycle.
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/6/2020
9. California Emergency Management Agency Designation of Applicant's
Agent of Resolution
Recommendation
Adopt Resolution No. 2020-43 of the Mayor and City Council of the City of San
Bernardino, California, approving the submission of the updated CAL EMA Form
130, designating the titles of City Manager, Assistant City Manager, Chief of
Police, and Assistant Chief of Police as authorized agents to act on behalf of the
City for all matters pertaining to assistance from federal
Councilmember Nickel inquired and it was explained that the grant was to fund
reimbursement for costs expended by the City.
ITEMS TO BE REFERRED TO COMMITTEE
Councilmember Ibarra announced that the Arts Fest would be held on March 14, 2020;
she inquired whether Staff could fulfill Robert Porter’s request in writing to the President
of the United States to request funding for a memorial dedicated to the victims of the
San Bernardino terrorist attack.
Assistant City Attorney Thomas Rice informed that the item could be brought back to
the Mayor and City Council for consideration at a future meeting.
Mayor Valdivia inquired, and City Manager Teri Ledoux informed that she could have
Staff look into specific grants and present them to the grant writers.
Councilmember Richard wished Mayor Pro-Tem a happy birthday.
Councilmember Mulvihill expressed concern regarding the zoning of multi-family
dwellings near cannabis locations. He inquired if a sampling could be conducted to see
if there is an issue with multi-family dwellings not being zoned residential.
Mayor Pro-Tem Sanchez requested to schedule a discussion regarding the Mayor’s
Staff, receive an update on their tasks, and discuss several options on what will be done
with the Staff moving forward.
Councilmember Mulvihill stated he was also interested in Mayor Pro -Tem Sanchez’s
request.
Mayor Valdivia stated that before a staff report was brought forward, he needed to
discuss the item with the City Manager and City Attorney. He informed he had already
addressed some staffing opportunities with the City Manager.
Councilmember Shorett stated he agreed with Mayor Pro-Tem Sanchez’s request. He
felt that it would fall into a budget item, and it was necessary to have a discussion and
provide an update to the community.
Regular Meeting Daft Minutes March 4, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/6/2020
Assistant City Attorney Thomas Rice requested that the City Council exercise caution
with this topic because of the claims that had been submitted. He stated that it would be
best to discuss the staffing for the Mayor, Council, and City Manager at the budget
meeting. However, he indicated that if they wanted a report on the Mayor ’s Staff, he
would recommend exercising caution in that area, given the situation the City is facing.
Councilmember Ibarra stated that the Council was currently exercising section 502 of
the charter and that it was up to the Council to decide what happens with the Mayor’s
Staff she requested that Staff bring back this item to the Council for discussion.
RESULT: Schedule a discussion items regarding staffing in the
Office of the Mayor for a future meeting.
ADOPTED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
CONFERENCES/MEETINGS ATTENDED
No reports were presented.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, March 4,
2020, at 7:58 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, March 18, 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: Genoveva Rocha, CMC
Acting City Clerk