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HomeMy WebLinkAbout03-18-2020 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 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 ITYOF 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. Mayorand 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 Board Appointment -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 applicationfrom 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 the Mayor 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. Mayorand 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 theformer Human Resources Director and City Attorney. Mayorand 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. Mayorand 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 in this 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. Mayorand 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 tothe 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 to the 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 thefeasibility 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, CouncilMember, Ward 1 SECONDER: Juan Figueroa, Council Member, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NOES:None Mayorand 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) andFY 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 tothe 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. Councilmember Sanchez 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 Mayorand 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. Mayorand 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 of the 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 andFebruary 2020. Mayorand 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 Itis 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 the award 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. Mayorand 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 Amendment to 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 adjustmentfor 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 Mayorand City Council of the City of San BernardinoPage 12Printed 5/13/2020