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Home My WebLink About03-04-2020 MCC Regular 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 MINUTES OR THE F EGULAR M EETINGOF THE M AYOR AND C ITY C OUNCIL R 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, MARCH4, 2020 7:00PM The Regular Meeting of the Mayor and CityCouncil of the City of San Bernardino was called to order at 7:00PMby Mayor John ValdiviaonWednesday, March 4, 2020,in the Board Room, 555West"6th" Street, San Bernardino, CA. 92405 CALL TO ORDER Attendee NamePresentAbsentLateArrived 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 Regular Meeting MinutesMarch 4, 2020 5:30 P.M. There were no public speakers present prior to theClosed Session. CLOSED SESSION (A)CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (PursuanttoGovernment 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 (Pursuantto 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 futureappointments 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Captain Russell Fritz of the Salvation Army led the invocation andthe Pledge of Allegiance. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice stated there was no reportable action taken in Closed Session. Mayor and City Council of the City of San BernardinoPage 2Printed 4/6/2020 Regular Meeting MinutesMarch 4, 2020 PRESENTATIONS 1.Chamber of Commerce & Local Elected Officials Announcements Colin Strange gave an update on upcoming Chamberof Commerceactivities. PUBLIC COMMENTS FOR ITEMS LISTED AND NOTLISTED ON THE AGENDA Treasure Ortiz,San Bernardino, spoke on the allegations 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 Figueroaon 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 KaylinLopez,PEPat 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 Ward 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. Mayor and City Council of the City of San BernardinoPage 3Printed 4/6/2020 Regular Meeting MinutesMarch 4, 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 pulledthe 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: TheodoreSanchez, 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 ofCommercial 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 andAdoption of Ordinance No. MC-1528Amending 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 (MaintenanceServices). Mayor and City Council of the City of San BernardinoPage 4Printed 4/6/2020 Regular Meeting MinutesMarch 4, 2020 6.Award of a Professional Service Agreement for ATP Cycle 2 -Safe Routes toSchool 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 Mayor and City Council of the City of San BernardinoPage 5Printed 4/6/2020 Regular Meeting MinutesMarch 4, 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 SanBernardino, California: 1.Adopt Resolution No. 2020-42Aof 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 fromCalRecycle. Mayor and City Council of the City of San BernardinoPage 6Printed 4/6/2020 Regular Meeting MinutesMarch 4, 2020 9.California Emergency Management Agency Designation of Applicant's Agent ofResolution 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 CityManager, 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 heagreed 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. Mayor and City Council of the City of San BernardinoPage 7Printed 4/6/2020 Regular Meeting MinutesMarch 4, 2020 Assistant City Attorney Thomas Rice requested that the City Council exercisecaution 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 happenswith the Mayor’s Staff she requested that Staff bring back this item to the Council for discussion. RESULT: Schedule adiscussionitemsregarding 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/MEETINGSATTENDED No reports were presented. ADJOURNMENT The meeting of the Mayor and City Council was adjournedonWednesday, 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 Mayor and City Council of the City of San BernardinoPage 8Printed 4/6/2020