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Home My WebLink About04-01-2020 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 F OR THE R EGULAR M EETINGOF THE M AYOR AND C ITY C OUNCIL 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, 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 on Wednesday, 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 MeetingAgendaApril 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 MeetingAgendaApril 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 MeetingAgendaApril 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 to table the item. He asked how the item was brought back for consideration since there had not been any action taken to un-tablethe 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 improved through 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 MeetingAgendaApril 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 secondreading 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 opened the 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 MeetingAgendaApril 1, 2020 The public hearing was closed at 8:01 p.m. RESULT: Adopted \[6-1\] Approved Staff’s recommendationand 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. 2020-54 authorizing 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 Consulting Groupof 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 MeetingAgendaApril 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 number of 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 MeetingAgendaApril 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 REFERREDTO 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 theCity. 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 recruiter to 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 MeetingAgendaApril 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