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HomeMy WebLinkAboutItem No. 03 - Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 2020 Council Minutes City of San Bernardino Request for Council Action Date: June 3, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Georgeann Hanna, MMC, City Clerk Subject: Council Approval of Draft Minutes for March 18, 2020, April 1, 2020, and April 8, 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 meetings of March 18, 2020, April 1, 2020, and April 8, 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 18, 2020, April 1, 2020, and the Special Meeting of April 8, 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 18, 2020, April 1, 2020, and April 8, 2020. Attachments Attachment 1 Draft Minutes for March 18, 2020 Attachment 2 Draft Minutes for April 1, 2020 Attachment 3 Draft Minutes for April 8, 2020 Page 1 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 DRAFT 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 S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN THE 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, MARCH 18,2020 5:30 PM The Regular Meeting of the Mayor and CityCouncil of the City of San Bernardino was called to order at 5:30 PMby Mayor John ValdiviaonWednesday, March 18, 2020, in the Council Chamber, 555 West 6th Street, San Bernardino, CA. CALL TO ORDER Attendee NameTitleStatusArrived Theodore SanchezMayor Pro-Tem, Ward 1Present Sandra IbarraCouncil Member, Ward 2Remote Juan FigueroaCouncil Member, Ward 3Present Fred ShorettCouncil Member, Ward 4Remote Henry NickelCouncil Member, Ward 5Present Bessine L. RichardCouncil Member, Ward 6Remote James MulvihillCouncil Member, Ward 7Present John ValdiviaMayorRemote Genoveva RochaActing City ClerkPresent Sonia CarvalhoCity AttorneyRemote Teri LedouxCity ManagerPresent Regular Meeting Agenda March 18, 2020 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, spoke on the pending litigation against the City listed on the Closed Session agenda and the investigation related tothe sexual harassment allegations againstMayor Valdivia. CLOSED SESSION (A)CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i.Shaun Sandoval v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9915 ii.Bryce Hanes v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10135 iii.Sergio Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 140478 iv.Jesse Joyce v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9981 v.Juan Ochoa v. City of San Bernardino, Workers’ Comp. Claim No. 18-139223 vi.Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 vii.Redevelopment Agency of the City of San Bernardino v. DMC Investment Holdings, LLC, Los Angeles County Superior Court Case No. BC465755 viii.Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles County Superior Court Case No. 468955 ix.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) x.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 xii.Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 xiii.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 Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Three cases (see attached documents). INVOCATION AND PLEDGE OF ALLEGIANCE Pastor James Grant of Soldier for Christ Church led the invocation and the Pledge of Allegiance to the Flag. Mayor and City Council of the City of San BernardinoPage 2Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 CLOSED SESSION REPORT This item was heard after the public comments. The Mayor and City Council recessed into Closed Session at 5:36 p.m. City Attorney Sonia Carvalho announced that were was no reportable action taken during the Closed Session meeting. APPOINTMENTS 1.Judith Valles -Water BoardAppointment -Mayor John Valdivia Recommendation Approve the at large appointment of Judith Valles to the Water Board. Ms. Valles will replace Rikke V. Johnson with the term ending May 2022. Item No. 1 was not discussed. Ms. Valles withdrew her application from consideration before the meeting of the Mayor and City Council. PRESENTATIONS 2.Chamber of Commerce & Local Elected Officials Announcements Due to the COVID-19 city closure the Chamber of Commerce Announcements were cancelled. 3.Citizen of the Month –Alan Stanly, The Enterprise Building by Mayor Pro-Tem Theodore Sanchez The Citizen of the Month presentation was postponed due to the COVID-19 city closure. PUBLIC COMMENTS FOR ITEMS LISTED AND NOTLISTED ON THE AGENDA This item was heard before the Closed Session Report. At this time, members of the public were invited to speak on items listed and items not listed on the agenda. Acting City Clerk Genoveva Rocha announced that the written comment received for the meeting had been provided to theMayor and City Council and was also available to the public on the City's website located in the City Clerk's Office Documents. Written comments received were regarding implementing a housing moratorium during the pandemic and allowing volunteers access to the animal shelter. Councilmember Mulvihill stated he would like to introduce a motion on the housing moratorium, given its urgency. Mayor and City Council of the City of San BernardinoPage 3Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 Mayor Valdivia requested that Councilmember Mulvihill delay the discussion until the public comment portion of the agenda had concluded. Rikke Johnson, San Bernardino, spoke on his Water Board appointment and stated he felt his removal from the Water Board was out of retaliation; he also spoke on the lawsuits against the City. Sam Casey, San Bernardino, spoke on major decisions that needed to be made by the Mayor and City Council, such as the new City Manager appointment and choosing a new Police Chief. He spoke on finding out about being replaced on the Water Board and felt it was retaliation from the Mayor, and the pending litigation against the City. Christian Flores requested that the Mayor and City Council enact an urgency housing moratorium to help the community in need. At this time Councilmember Mulvihill introduced a motion: MOTION BY COUNCILMEMBER MULVIHILL, SECOND BY COUNCILMEMBER IBARRA, to direct the City Manager, given the immediacy of the problem, to compose an emergency ordinance establish a temporary moratorium on evictions and enact other protections in accordance with Executive Order N-28-20 issued by the Governor on March 16. Mayor Valdivia suggested that the request be added to Item No. 9. He informed that he had spoken with Assembly memberEloise Reyes on her request before the meeting and inquired if Councilmember Mulvihill was amenable to adding the request to Item No. 9. MOTION BY COUNCILMEMBER MULVIHILL, SECOND BY COUNCILMEMBER IBARRA, CARRIED 7-0, to add the request to Item No. 9. Sam Casey, San Bernardino, stated he was in favor of a housing displacement moratorium and thanked Councilmember Mulvihill for making the motion to add it to the agenda. Treasure Ortiz, San Bernardino, thanked Councilmember Mulvihill for making the motion to add the housing displacement moratorium on the agenda and spoke on various concerns in the City San Bernardino. Samuel Armando, San Bernardino, stated that the community was feeling scared and uncertainty he asked that the City Council think about the community when making their decisions. Tawana Whitefiled, San Bernardino, stated she was in favor of the housing moratorium and requested that the City Council approve the moratorium. Vanessa Perez, San Bernardino, stated she was in favor of the housing moratorium. Esmeralda Negrete, San Bernardino, spoke on Mayor Valdivia being advised in the past by the former Human Resources Director and City Attorney. Mayor and City Council of the City of San BernardinoPage 4Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 Emmanuel Gutierrez, San Bernardino, spoke on COVID-19 and suggested adding supplemental educational material on Channel 3. John Shollenber, San Bernardino, commended Councilmember Mulvihill on his exemplary behavior as a Councilmember. Susan Longville, Water Board Director, spoke on Water Board Commissioner Rikke Johnson and his ability to continue serving on the Water Board Commission, and she stated Mr. Johnson should be allowed to complete his term. Leticia Garcia, San Bernardino, spoke on the sexual harassment allegations against the Mayor and asked that the City Council hold him accountable. Sonya Gray-Hunn, San Bernardino, spoke on how the elected officials engaged with constituents and stated she was in favor of a housing displacement moratorium. Jose Reyz, San Bernardino, read a statement into the record regarding the Egyptian calendar. Scott Olson, San Bernardino, spoke on Governor Newsom's order, the format being used to televise the meeting and the sexual harassment allegations against the Mayor. Desiree Sanchez, Inland Regional Housing Justice Coalition, spoke on Item No. 9 and requested that the City Council approve a housing displacement moratorium. Esmeralda Vasquez, San Bernardino, read into the record the letter submitted by Senator Connie Leyva, Assembly memberEloise Gomez Reyes, and Assembly memberJames Ramos. STAFF REPORTS 4.City Manager Executive Recruitment Services Recommendation Adopt Resolution No. 2020-50 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Professional Services Agreement with Bob Hall & Associates, Inc., for executive recruitment services for the position of City Manager. City Manager Teri Ledoux provided an updated on this item. Councilmember Shorett requested that the City Council go with Staff's recommendation. Councilmember Ibarra stated she would be voting no on the item and informed that the City could have submitted an application for interested parties through the ICMA website which she felt would have reduced the cost for the City. Mayor and City Council of the City of San BernardinoPage 5Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 RESULT: ADOPTED \[6-1\] AdoptedStaff’s recommendation MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:Ibarra 5. Police Substation Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Police Substation Plan as outlined inthis report. Acting Chief McBride provided a presentation to the City Council. Councilmember Shorett read a few excerpts from an editorial in the San Bernardino Sun into the record an editorial from the San Bernardino Sun. He stated he would support moving forward with this item during a budget discussion. He expressed his concerns regarding the Police Substation Plan and said he would not be supporting this item. Councilmember Ibarra inquired. Acting Chief McBride explained that there had been a substation at the mall in the past; he informed it was the first offer and was offered for $1, accessible to the community, and made sense geographically, which is why it was chosen. Councilmember Ibarra commented that there were other offers made to have a substation where the crime rate was higher and expressed her concern regarding the police response time in areas where the crime rate is higher. Councilmember Mulvihill inquired, and Acting Chief Police McBride informed that the substation would be staffed with a Lieutenant, Sergeant, and two officers that work as district resource officers. It would not be open to the public until they can staff the substation with a community services officer. Councilmember Mulvihill stated the item should be postponed until they received an overview of the budget. Acting Chief McBride that the report was to provide the City Council with an update of Police Substations plans and that Staff would return with a future item during the budget review that focuses on a plan to open future substations. City Manager Teri Ledoux provided clarification on what the City Council was being asked to approve. Councilmember Richard emphasized the importance of starting with one substation and in the future opening substations in the other wards. Mayor and City Council of the City of San BernardinoPage 6Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 RESULT: APPROVED \[4-3\] ApprovedStaff’s recommendation MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard NOES:Ibarra, Shorett, Mulvihill 6.Encanto Community Center, 1180 W. 9TH Street (Former Boys Girls Club of San Bernardino) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, reviewdiscuss and provide direction in reference to the operation and th maintenance of the Encanto Community Center located at 1180 W. 9Street, San Bernardino, formerly known as the Boys and Girls Club of San Bernardino (BGCSB). Parks and Recreation Director Jim Tickemyer provided a presentation tothe Mayor and City Council. The council discussed the importance of continuing services for the community at the center. The Mayor and City Council directed staff to continue to assess the facility, determine the capital improvements needed, and evaluate the feasibility of programming of the Encanto Community Center with City led programming. Including the staffing and resources required to provide recreational and community services in partnership with non-profit organizations that fit with the City’s adopted strategic targets and goals. RESULT: DIRECTED \[7-0\]The Mayor and City Council directed staff to continue to assess the facility and determine the capital improvements needed; evaluate the feasibility of programming the Encanto Community Center withCity led programming, including the staffing and resources required to provide recreational and community services in partnership with non-profit organizations that fit with the City’s adopted strategic targets and goals. MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None Mayor and City Council of the City of San BernardinoPage 7Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 7.Review Draft of Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing (AI) and FY 2020/21 AAP and Provide Recommendations or Comments to the Draft Documents. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the first public hearing on the review of the draft Fiscal Year 2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing (AI) and Fiscal Year 2020/21 Annual Action Plan (AAP) and provide recommendation or comments to the draft documents. Housing Manager Gretel Noble gave a presentation on this item to the Mayor and City Council. Kristine Gaawith Consultant Michael Baker International, Inc.(MBI) provided an overview of the Consolidated Plan. Mayor Valdivia inquired;Kristine Gaainformed that the pop-up events were conducted at a high school, two farmer’s markets, and a conference call with the COC. RESULT: APPROVED\[7-0\]Approved as recommended. MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Bessine Richard, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 8.Staffing -Office of the Mayor Recommendation Receive an update and consider options associated with the staffing in the Office of the Mayor. City Manager Teri Ledoux provided an update on this item to the Mayor and City Council. Mayor Valdivia requested that City Attorney Sonia Carvalho provide guidance to the City Council before the discussion commenced, and she informed that the Staff report provided was thorough the City Council could explore their options by going back to their former policy or re-examine the current Ordinance. Mayor Valdivia expressed his concern regarding the potential discussion on this matter, given that there was an open investigation that could jeopardize the investigation. CouncilmemberSanchez introduced a motion requesting Staff to bring back a budget amendment to move all Staff from the Mayor's Office to the City Manager's Office and present amendments to job titles and duties. Councilmember Shorett introduced a substitute motion to direct Staff to return to the first Mayor and City Council of the City of San BernardinoPage 8Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 meeting in April to establish the council consent that the City Manager service as the executive to the offices of the City Council and Mayor in accordance with Charter Section 502 and further motion that in preparation of the budget hearing coming up for FY 20/21 direct staff to propose a reduction in staffing in the Mayor's Office to a single position. The title and scope of that position should be determined by the Mayor and City Manager and should be informed by the limited duties of the Mayor pursuant to chapter section 303. Councilmember Sanchez expressed his concern regarding the proposed motion of the City Manager overseeing the Office of the City Council staff. City Attorney Sonia Carvalho explained that the discussion was to consider options associated with the staffing in the Office of the Mayor. She stated that the wording allows them to have a broad discussion. They could direct Staff to bring an item back for consideration at a future meeting once properly noticed. Councilmember Nickel seconded Councilmember Shorett's motion. Mayor Valdivia stated that he would continue to need an Executive Assistant to assist him with meeting preparation for the regional boards. The Mayor and City Council continued discussion and expressed their concerns regarding staffing in the Mayor's Office. RESULT: DIRECTED \[4-3\] The City Councilrequesteda budget amendment that would reflect moving allstaffpositionswith the exception of one position from the Office of the Mayorthe City Manager’s Office MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Figueroa, Nickel, Richard NOES:Ibarra, Shorett, Mulvihill 9.Adopt a Resolution Ratifying Proclamation No. 2020-01 and Proclaiming the Existence of a Local Emergency Recommendation Adopt Resolution No. 2020-51 of the Mayor and City Council of the City of San Bernardino, California, ratifying Proclamation No. 2020-01 and proclaiming the existence of a local emergency. City Manager Teri Ledoux provided an update to the Mayor and City Council regarding the proposed resolution and theprotectivemeasures taken by the City to keep Staff and residents safe while continuing to provide services to the public. Mayor Valdivia thanked City Manager Teri Ledoux and her team for the protective measures taken. He commented that the Mayor and City Council were working to take care of the community and keep the community intact during the pandemic. Mayor and City Council of the City of San BernardinoPage 9Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 RESULT: ADOPTED \[7-0\]The Mayor and City Council approved Staff’s recommendation and directed adding a clause to the resolution where the City Manager is expressly authorized to establish a temporary moratorium on evictions and enact other protections in accordance with Executive Order N-28-20 issued by the Governor on March 16, 2020. MOVER: James Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None PUBLIC HEARINGS 10.First Reading of Ordinance No. MC-1531 for Sign Regulations Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1)Introduce for first reading, Ordinance No. MC-1531 ofthe Mayor and City Council of the City of San Bernardino, California, adopting the Negative Declaration and approving Development Code Amendment 19-04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (Attachment 1); 2)Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on April 1, 2020. RESULT: City Manager Teri Ledoux requested that the City Council consent to tabling Item No. 10 to a future meeting to be determined. There were no objections from the Mayor and City Council. CONSENT CALENDAR RESULT: APPROVED\[7-0\] All items under the Consent Calendar were unanimously approved. MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11.November 2019, January 2020, and February 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City Board, Commission, and Citizen Advisory Committee meetings,approved in January and February 2020. Mayor and City Council of the City of San BernardinoPage 10Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 12.Approval of Commercial and Payroll Disbursements for February 2020 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for February 2020. 13.Award of a Professional Service Agreement to ITERIS for the Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections (TC20-008) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-47: 1.Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the total award amount of $4,341,400; and 2.Approving the award of a Professional Service Agreement (“Agreement”) with ITERIS,of Santa Ana, California, in the amount of $339,947 to perform design services for Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections (TC20-008) (“Project’); and 3.Authorizing the City Manager to execute the Agreement; and 4.Authorizing the Director of Finance to issue a purchase order in support of the Agreement. 14.Award of Professional Service Agreement for Upgrades to Various Signal Hardware at 224 Signalized Intersections on Various Arterials (TC20-007) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-48: 1.Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the total award amount of $5,490,800; and 2.Approving theaward of a Professional Service Agreement (“Agreement”) with Kimley-Horn and Associates, Inc., of Riverside, California, in the amount of $596,534.25 to perform design services for Upgrades to Various Signal Hardware at 224 Signalized Intersections on Various Arterials (TC20-007) (“Project”); and 3.Authorizing the City Manager to execute the Agreement; and 4.Authorizing the Director of Finance to issue a Purchase Order in support of the Agreement. Mayor and City Council of the City of San BernardinoPage 11Printed 5/13/2020 Regular Meeting Agenda March 18, 2020 nd 15.2Street Bridge Replacement at Warm Creek -First Amendment to Right of Way Services Agreement with Overland Pacific Cutler, LLC Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-49: 1.Approving the First Amendmentto Consultant Services Agreement with Overland Pacific Cutler, LLC in the amount of $4,100 for a total Agreement amount of $64,037; and 2.Extending the contract term to June 30, 2021; and nd 3.Authorizing the Director of Finance to record a budget adjustment for the 2 Street Bridge Replacement Project,in an amount not to exceed $4,100,in the Regional Development Impact Fee (DIF) Fund No. 264. ITEMS TO BE REFERREDTO COMMITTEE At this time, Councilmember Ibarra requested a staff report outlining the expenses related to installing street sweeping signs and Councilmembers Sanchez and Mulvihill stated there were in agreement and preferred the update prior to the budget overview meeting. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 18, 2020 at 10:02 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, April 1, 2020,via web conference.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 12Printed 5/13/2020 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 DRAFT 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 S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN THE 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, APRIL 1, 2020 5:30 PM The Regular Meeting of the Mayor and CityCouncil of the City of San Bernardino was called to order at 5:30 PMby onWednesday, April 1, 2020, via Web-Conference. CALL TO ORDER Attendee NameTitleStatusArrived Theodore SanchezMayor Pro-Tem, Ward 1Present Sandra IbarraCouncil Member, Ward 2Present Juan FigueroaCouncil Member, Ward 3Present Fred ShorettCouncil Member, Ward 4Present Henry NickelCouncil Member, Ward 5Present Bessine L. RichardCouncil Member, Ward 6Present James MulvihillCouncil Member, Ward 7Present John ValdiviaMayorPresent Genoveva RochaActing City ClerkPresent Sonia CarvalhoCity AttorneyPresent Teri LedouxCity ManagerPresent Regular Meeting Agenda April 1, 2020 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, commented on the existing litigation, specifically Pepe’s towing and Andrea Miller, and requested that the City Council settle these cases to avoid going to court. CLOSED SESSION (A)CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. 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) ii.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 iii.Pepe’s Inc.v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 iv.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) v.Andrea Miller v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1926878 (B)CONFERENCE WITH REAL PROPERTY NEGOTIATORS -Pursuant to Government Code Section 54956.8: th i. Property Address:140 West 13Street-APN 0146-193-17-0000 Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties:Neighborhood Housing Services Inland Empire Under Negotiation:Price and Terms of Payment INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia led the invocation and Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that the Mayor and City Council were provided an update on pending litigation. It was reported that the City Council unanimously offered a settlement agreement to former City Manager Andrea Miller. They settled the case for the severance package that she was due under her contract for a total sum of $750,000. City Attorney Sonia Carvalho later announced that Item B-I Conference with Real Property Negotiators had been discussed. The City Council voted 6-0, and that Councilmember Ibarra recused herself from this item due to NHSIE being her employer. Mayor and City Council of the City of San BernardinoPage 2Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 PUBLIC COMMENTS FOR ITEMS LISTED AND NOTLISTED ON THE AGENDA Acting City Clerk Genoveva Rocha announced that the written comments submitted for the meeting had been provided to the City Council and posted on the City’s website in the City Clerk Office documents in the meeting date folder. Paige Miller thanked the first responders and essential workers for everything that they were doing during this pandemic; she requested that the City provide an update on the animal shelter expenditures that were approved. Treasure Ortiz, San Bernardino, expressed her concern regarding the expenses generated by the claims filed against the City and Mayor John Valdivia;she requested that the City Council take action and protect the residents. FaroukeAldi, San Bernardino, spoke on his concerns regarding a towing company that is repeatedly towing his vehicle and the accumulated costs involved with recovering his vehicle from the tow yard. Councilmember Nickel read a letter into the record submitted by Lynne Wear, Joyce P. Seeger, and Amelia Lopez. PUBLIC HEARINGS 1.Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 (Hillwood -1494 S. Waterman Avenue) Recommendation It is recommended that the Mayor and City Council conduct a Public Hearing and adopt Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and, 0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1). Mayor John Valdivia opened the public hearing at 7:24 p.m. Public Works Director Kristen Jensen provided an update to the Mayor and City Council. Acting City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Councilmember Sanchez inquired, and Ms. Jensen confirmed that the sole funding would come from the taxes being imposed on the property owner in that district. Councilmember Shorett requested that language be modified to read as services are being provided instead of long term. Mayor and City Council of the City of San BernardinoPage 3Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 Councilmember Figueroa inquired how services provided were defined, and Shane Spicer of Spicer Consulting informed that the intent would be to provide maintenance throughout that fiscal year. Councilmember Figueroa commented that the Council had initially discussed this item on October 2, 2019, and the action taken was totable the item. He asked how the item was brought back for consideration since there had not been any action taken to un-table the item. Public Works Director Kristen Jensen informed she had requested to have the item brought back for consideration. Councilmember Figueroa expressed his concern regarding the maintenance of the medians in the project area and the ability to connect to the water lines. Ms. Jensen informed that the medians in front of their property and all of the medians that were improvedthrough the development of the project would be maintained as long as the City was servicing them because the City owns the right-of-way. Regarding the water lines, she informed explained that a connection to the waterlines was successful. Councilmember Figueroa stated his position was that the original agreement should be upheld. Councilmember Ibarra inquired, and Shane Spicer informed that using the LMD would require that the City would have a portion of the funds come out of the General Fund by using the CFD model the entire burden of the maintenance cost would be placed on the property for the maintenance, and no money would be required by the City to use out of the General Fund. The public hearing was closed at 7:45 p.m. RESULT: \[6-1\] Adopted Resolution No. 2020-53 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment to Conditions 19-06 for Subdivision 16-08 (Tentative Parcel Map 19814) and Development Permit Type-D 16-26 amending Condition of Approval No. 9 relating to the landscape medians for the project located at 1494 S. Waterman Avenue (APN: 0141-421-14, 18, 19 and 20; and,0141-431-17 and 18) within the Industrial Light (IL) zone; and, finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 1) with a request to modify the language to read “as services provided”instead of long term MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill NOES:Figueroa Mayor and City Council of the City of San BernardinoPage 4Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 2.Addendum to Final Environmental Impact Report, Specific Plan Amendment 19-01 and Development Permit Type-P 19-06-I. E. Hub Center Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1)Introduce, read by title only, and waive further reading of Ordinance No. MC- 1532, adopting the Addendum to the Final Environmental Impact Report and approving Specific Plan Amendment 19-01 to change the Waterman + Baseline Neighborhood Transformation Specific Plan Land Use Zone from Neighborhood Residential to Employment that includes three (3) parcels (APN: 0278-051-08, 17 and 24)containing a total of approximately 15.39 acres located at 1066 N. Tippecanoe Avenue (Attachment 1); and 2)Adopt Resolution No. 2020-59 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-P 19-06 allowing the development, establishment and operation of a truck and trailer service and storage facility on a project site containing approximately 15.39 acres located at 1066 N. Tippecanoe Avenue (APN: 0278-051-08, 17 and 24)within the Waterman + Baseline Neighborhood Transformation Specific Plan Employment Land Use Zone, pursuant to an Addendum to the Final Environmental Impact Report (Attachment 2); and 3)Schedule the second reading and adoption of the above mentioned Ordinance No. MC-1532 for the regularly scheduled meeting of the Mayor and City Council on April 15, 2020. Mayor Valdivia openedthe Public Hearing at 7:46 p.m. Community and Economic Development Director Michael Huntley informed that Planning Manager Oliver Mujica would be providing the presentation to the Mayor and City Council. Acting City Clerk Genoveva Rocha informed that were no requests to speak received for this item. The Mayor and Councilmembers Mulvihill and Shorett discussed the landscaping plan for the project, and Mr. Mujica explained that the City Council could amend the condition to include the forty-eight-inch box and forty-five feet on center on the northern boundary. Councilmember Figueroa inquired, and Mr. Mujica informed that the proposed project would not introduce new significant environmental impacts beyond those analyzed in the previous final Environmental Impact Report. He confirmed that the site would be for storing trucks. Councilmember Ibarra expressed her concern over the number of semi-trucks driving on Tippecanoe and the damage that would cause to the City’s streets. Mayor and City Council of the City of San BernardinoPage 5Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 The public hearing was closed at 8:01 p.m. RESULT: Adopted \[6-1\] Approved Staff’s recommendation and amending the condition to include the forty-eight inch box and forty-five feet on center on the northern boundary. MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:Ibarra 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 NO. 8 Adopted \[7-0\] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None 3.Resolution Confirming City Manager's Executive Orders Recommendation Adopt Resolution No. 2020-52 of the Mayor and City Council of the City of San Bernardino, California, confirming the City Manager's Executive Orders pursuant to Municipal Code 2.46.090. 4.Adopt a Resolution to Approve the First Amendment to Consultant Services Agreement with Paragon Partners, Ltd. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-54authorizing the City Manager to execute the First Amendment to the Consultant Services Agreement with Paragon Partners, Ltd., extending their contract term to December 30, 2021. 5.Award of Professional Services Agreement for District Formation, Annexation and Consulting Services Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2020-55, approving the award of a Professional Services Agreement (“Agreement”) with Spicer ConsultingGroup of Temecula, California for a three year term through June 30, 2023, and in a total Agreement amount not to exceed $316,018; authorizing the City Manager to execute all documents in support of the Agreement; and authorizing the Director of Finance to issue a purchase order in an amount of $96,000 for Fiscal Year 2019/20. Mayor and City Council of the City of San BernardinoPage 6Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 6.Stop Sign Installation at Three Locations Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-56, amending Resolution No. 655 entitled, in part, “A Resolution… designates certain streets or portions thereof as through highway…” and directing staff to install stop signs at the following three intersections: thstst 1.44/41Streets and “F” Street /1Avenue (4-way) 2.Spruce Street and Chestnut Avenue (4-way) 3.Roberds Avenue and Vine Street (2-way) 7.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 2, Tax Zone No. 3 (PM 19814) APN 0141-431-24 Recommendation Adopt Resolution No. 2020-57 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. 8.Cooperative Funding Agreement with the City of Redlands for Mountain Avenue Resurfacing Project. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-58: 1.Approving the Cooperative Funding Agreement with the City of Redlands for Mountain View Avenue Resurfacing Project; and 2.Amending the FY 2019/20 Capital Improvement Program Fund to include the Mountain View Avenue Resurfacing Project;and 3.Authorizing the Director of Finance to establish project budget in the amount of $84,400 in Measure I Fund (Fund 129). Councilmember Figueroa requested that this item be pulled for discussion. Councilmember Figueroa requested that enforcement be increased in the area of Mount Avenue due to the numberof semi-trucks that continue to travel north through residential areas despite the signage not to proceed. Mayor and City Council of the City of San BernardinoPage 7Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 RESULT: Adopted \[7-0\] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: James Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None ITEMS TO BE REFERRED TO COMMITTEE The Mayor stated that he had a conversation with Supervisor Gonzalez, where he expressed his concern and apprehensions regarding the hotel built and that he, along with the City Manager, would work to provide alternate options. He suggested that each City in the County have the opportunity to provide one hotel in their communities to house their homeless population. Councilmember Nickel requested a COVID-19 Update and directed the City Manager to make it clear to the County that the City opposes housing the homeless for all of San Bernardino County, and that the homeless be housed equally throughout the County. The Mayor and City Council continued their discussion regarding housing the homeless and agreed that the City was willing to help the County; however, they expressed the need for other cities throughout the County to help with housing the homeless population during the COVID-19 pandemic. Councilmember Sanchez requested that the City Council direct the City Manager, City Attorney, and Police Chief to draft a letter to the County expressing the City’s concerns regarding housing the homeless population for the County of San Bernardino. Councilmember Mulvihill requested a financial report on the impact that the COVID-19 pandemic has had on the City. City Manager Teri Ledoux informed that Staff was currently working on providing an update. Councilmember Ibarra inquired on the recruitment for the Animal Shelter Director and requested that the job search be reopened if a qualified applicant was not found. City Manager Teri Ledoux explained that during the recruitment, they were unable to find a qualified candidate, and the City was hiring a recruiterto start the process again. Councilmember Figueroa stated he would second Councilmember Ibarra’s request and requested that the City, along with the recruiter, post the recruitment. There was no objection from the City Council. Councilmember Sanchez requested that Staff prepare an ordinance appointing the City Manager as the Executive overseeing Staff for the Offices of the City Attorney, City Clerk, and Mayor. Councilmember Shorett stated he was unsure of including the City Attorney and City Clerk Offices but would include the Office of the City Council. Mayor and City Council of the City of San BernardinoPage 8Printed 5/27/2020 Regular Meeting Agenda April 1, 2020 City Manager Teri Ledoux commented that she understood the concern regarding the Staff in the City Attorney's Office since it was no longer an elected position. She reminded the City Council that the City Clerk position was now appointed and that they would soon be conducting interviews to make an appointment; therefore, it would make sense for the City Clerk to oversee the Staff in their department. Councilmember Sanchez amended his request to only include the Offices of the City Attorney, City Council, and Mayor. Councilmember Mulvihill stated he supported Councilmember Sanchez's request. Mayor Valdivia thanked City Staff for enduring the challenges brought on by the COVID- 19 pandemic. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. ADJOURNMENT The meeting of the Mayor and City Council was adjourned onWednesday,April 1, 2020, at 8:27 p.m. A Specialmeeting 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, April 8, 2020 via web-conference.Open Session will begin at 5:30 p.m. BY: Genoveva Rocha, CMC Acting City Clerk Mayor and City Council of the City of San BernardinoPage 9Printed 5/27/2020 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 DRAFT MINUTES OR THE F PECIAL M EETINGOF THE M AYOR AND C ITY C OUNCIL S 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 S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN THE 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, APRIL 8, 2020 5:30 PM The Special Meeting of the Mayor and CityCouncil of the City of San Bernardino was called to order at 5:30 PMby Mayor John ValdiviaonWednesday, April 8, 2020, in the Web-Conference. CALL TO ORDER Attendee NameTitleStatusArrived Theodore SanchezMayor Pro-Tem, Ward 1Present Sandra IbarraCouncil Member, Ward 2Present Juan FigueroaCouncil Member, Ward 3Present Fred ShorettCouncil Member, Ward 4Present Henry NickelCouncil Member, Ward 5Present Bessine L. RichardCouncil Member, Ward 6Present James MulvihillCouncil Member, Ward 7Present John ValdiviaMayorPresent Genoveva RochaActing City ClerkPresent Sonia CarvalhoCity AttorneyPresent Teri LedouxCity ManagerPresent Special MeetingAgenda April 8, 2020 INVOCATION AND PLEDGE OF ALLEGIANCE Mayor John Valdivia led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA There were no public comments submitted for the Special Meeting of the Mayor and City Council. STAFF REPORT 1.Mt. Vernon Bridge Replacement Project Funding Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve use of future year Measure I Major Street Project Program/Arterial Sub- program funds to ensure full funding commitment to the City’s share of the Mt. Vernon Bridge Replacement Project; and 2.Authorize and direct the City Manager to submit a request to the San Bernardino County Transportation Authority (SBCTA) allowing the City to leverage up to a five-year advance of Measure I Major Street Project Program/Arterial Sub- program funds and execute any documents required for the request; and 3.Direct staff to return to a future meeting with an Amendment to the Cooperative Funding Agreement for review and approval. City Manager Teri Ledoux informed that Public Works Director Kristen Jensen and Alex Qishta Deputy Public Works Director would be providing a presentation to the Mayor and City Council. Public Works Director Kristen Jensen informed that Staff was looking for a commitment from the City Council after having reviewed the new impacts and increases in the cost of the project that the City would be willing to leverage five years of the Measure I arterial funds through SBCTA to cover the additional funding needs of the project. Mayor Valdivia asked, and Ms. Jensen confirmed that the requested amount was ten million to cover additional costs. Councilmember Mulvihill inquired, and Mr. Qishta informed the Measure I Arterial funds were used for various street projects such as the 40th Street Widening, State Street Extension, F Street Widening, Mt. Vernon Bridge, and 5th Street Rehabilitation. Staff confirmed that if the funds are transferred, the projects mentioned would not be affected. Ray Wolfe, of the San Bernardino County Transportation Authority(SBCTA), informed that the SBCTA was tracking the impact of COVID-19 pandemic on funding. He stated that as long the curve could be flattened, the economy would correct itself in a few months. Mayor and City Council of the City of San BernardinoPage 2Printed 5/15/2020 Special MeetingAgenda April 8, 2020 Councilmember Ibarra inquired, and Ms. Jensen informed that the project cost came in higher than initially anticipated. Councilmember Figueroa motioned to approve the item and commented that the project was long overdue and spoke on the bridge's unsafe conditions. Ray Wolfe spoke on the urgency of moving forward with the project due to the risks associated with the bridge condition. Councilmember Nickel asked, and Paula Beauchamp, of SBCTA and Director of Project Delivery and Toll Operations, explained why the cost of the right-of-way was expensive. Councilmember Richard inquired, and Ms. Jensen confirmed that the street projects mentioned by Mr. Qishta would not be impacted. Mayor Valdivia thanked the Public Works and the SBCTA Staff that have worked on the project. RESULT: Approved as recommended \[7-0\] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None ADJOURNMENT The Special Meeting of the Mayor and City council was adjourned at 6:01 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, April 15, 2020 via web-conference.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 3Printed 5/15/2020