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HomeMy WebLinkAbout12-16-2020 MCC Regular City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING AUTHORITY WEDNESDAY, DECEMBER 16, 2020 7:00 PM CALL TO ORDER The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, December 16, 2020, via Web-Conference. Attendee Name Present Absent Late Arrived Mayor Pro-Tem, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Ben Reynoso    Council Member, Ward 6 Kimberly Calvin    Council Member, Ward 7 Damon L. Alexander    Mayor John Valdivia    City Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 12/17/2020 Mayor Valdivia congratulated the newly elected Council Members Ben Reynoso, Kimberly Calvin, and Damon L. Alexander and welcomed them to the City Council. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Shorett to lead the Pledge of Allegiance to the Flag. CITY MANAGER UPDATE City Manager Field welcomed the newly elected Council Members Calvin, Reynoso, and Alexander and provided the Mayor and City Council with an update on street projects and improvements in the City. Mr. Fields also spoke on the completed 2019-20 audit, the Water Department renewing their facility lease agreement, Human Resources coordination for COVID testing with the County of San Bernardino, and improvements Animal Services has made to the cat sanctuary. APPOINTMENTS 1. Appointments to Various Regional Boards (All Wards) Recommendation 1. Approve the appointment of Council Member Juan Figueroa to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Damon Alexander as an alternate; 2. Approve the appointment of Council Members Damon Alexander and Juan Figueroa to the Inland Valley Development Agency, as voting members, and Council Member Theodore Sanchez as an alternate; 3. Approve the appointment of Council Member Benjamin Reynoso to the San Bernardino County Transportation Authority as an alternate; 4. Approve the appointment of Council Member Juan Figueroa to the San Bernardino County Homeless Partnership (referred to Interagency Council on Homelessness), as a voting member, and the same as the Vice Chair for the “sub-committee”; and 5. Approve the appointment of Council Member Benjamin Reynoso to the Omnitrans Board of Directors, as an alternate. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER IBARRA, to amend the Appointments to Various Regional Boards as follows: 1. Approve the appointment of Council Member Juan Figueroa to the San Bernardino International Airport Authority Board of Directors, as a voting member, and Council Member Fred Shorret as an alternate; 2. Approve the appointment of Council Members Theodore Sanchez and Ben Reynoso to the Inland Valley Development Agency, as voting members, and Council Member Fred Shorett as an alternate; Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 12/17/2020 3. Approve the appointment of Council Member Damon Alexander to the San Bernardino County Transportation Authority as an alternate; 4. Approve the appointment of Council Member Kimberly Calvin to the San Bernardino County Homeless Partnership (referred to Interagency Council on Homelessness), as a voting member, and the same as the Vice Chair for the “sub-committee”; and 5. Approve the appointment of Council Member Sandra Ibarra to the Omnitrans Board of Directors, as an alternate. Council Member Sanchez spoke on giving every Council Member an opportunity to serve on a Regional Board. Council Member Calvin expressed agreement with the substitute motion and asked the Mayor to reconsider his original appointments to the various Regional Boards. Council Member Shorett asked for clarification on the substitute motion and expressed agreement with Council Member Calvin and Council Member Sanchez. Council Member Figueroa stated that it his understanding that the appointments to Regional Boards come from the Mayor’s office and expressed agreement with the appointments the Mayor has made to the San Bernardino International Airport Authority and the San Bernardino County Homeless Partnership. Council Member Calvin expressed that the appointments should be spread equally amongst all Council Members and the female Council Members should be represented on the Regional Boards. Council Member Figueroa expressed disagreement with Council Member Figueroa, that the San Bernardino International Airport impacts all residents in the City. RESULT: APPROVED SUBSTITUTE MOTION OF COUNCILMEMBER APPOINTMENTS TO VARIOUS REGIONAL BOARDS, CARRIED (6-1) MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 12/17/2020 PRESENTATIONS 2. Certificate of Recognition - Paula Beauchamp, SBCTA (San Bernardino County Transit Authority) Mayor Valdivia presented Paula Beauchamp with a Certificate of Recognition and expressed gratitude for the many contributions she has provided to the City of San Bernardino. 3. Mt. Vernon Bridge Presentation by SBCTA Paula Beauchamp, San Bernardino County Transit Authority, provided an update on the Mount Vernon Avenue Bridge Project. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Paul Sanborn, San Bernardino, thanked Kim Carter for obtaining a grant to rebuild the dog shelter and wished everyone a happy holiday. Thomas Fleming, San Bernardino, congratulated the newly elected Council Members. Mr. Fleming expressed that the numerous donut shops in San Bernardino have caused diabetes and stated concerns over the Mayor working for pharmaceutical companies and the connection they have. Harry Hatch, San Bernardino, congratulated the newly elected Council Members and wished them good luck. Mr. Hatch encouraged the new Council Members to read the City Charter and also reminded them that they represent the City of San Bernardino. Andy, San Bernardino, expressed his support of the San Bernardino Travel Center. He is a business owner near the proposed travel center and stated that it is needed in that area due to a high volume of traffic. Eric Sanchez, San Bernardino, expressed his support of the San Bernardino Travel Center. Hardy Brown, San Bernardino, congratulated the newly elected Council Members and spoke on Measure Z, reforming the Police Department and the impact COVID-19 has had on the community. Robert Porter, San Bernardino, congratulated the newly elected Council Members. Mr. Porter informed the Mayor and City Council that he applied for the Arts and Historic Preservation Commission and provided an update on the Anne Shirells Park African American Monument. Treasure Ortiz, San Bernardino, expressed appreciation towards the City Council and voiced concerns over the increase in murder rates, failed community policing, financial uncertainty, the City’s General Plan, and spoke on the lack of diversity on the various regional boards. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 12/17/2020 Leticia Garcia, San Bernardino, spoke on the lack of diversity on the various regional boards. STAFF REPORTS 4. Election of Mayor Pro Tempore (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2021. Mayor Valdivia opened nominations for a member of the City Council to serve a Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2021. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER CALVIN, to appoint Council Member Ibarra to serve as Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2021. RESULT: APPROVED THE NOMINATION OF COUNCIL MEMBER IBARRA TO SERVE AS MAYOR PRO TEMPORE UNTIL THE SECOND REGULARLY SCHEDULED MAYOR AND CITY COUNCIL MEETING IN DECEMBER 2021, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Kimberly Calvin, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 5. 2021 Proposed City Council Meetings (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review, discuss, and provide direction concerning Mayor and City Council meeting dates for 2021. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER IBARRA, to adopt a modified 2021 meeting schedule for Mayor and City Council meetings, eliminating the meeting dates of January 6, 2021 and July 7, 2021. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 12/17/2020 RESULT: ADOPT A MODIFIED 2021 MEETING SCHEDULE FOR MAYOR AND CITY COUNCIL MEETINGS, ELIMINATING THE MEETING DATES OF JANUARY 6, 2021 AND JULY 7, 2021, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 6. Nuisance Abatement Program (Citywide) Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California, direct the City Manager to establish a Nuisance Abatement Program and amend the FY 2020/21 operating budget to allocate $1 million in one- time funding to be set aside to support the program. City Manager Fields provided an overview of the staff report. Council Member Ibarra stated that at the last Council meeting she made a recommendation for staff to address concerns regarding unfunded Capital Improvement Projects and it was not included in this report. Director of Community and Economic Development Huntley provided a presentation to the Mayor and City Council. Mayor Valdivia spoke on service calls to the Fire Department at abandoned buildings and inquired if Council will continue to be updated on this item. City Manager Fields advised this item initiates Nuisance Abatement Program and staff will provide more background and seek further direction from Council once the program has started. Council Member Alexander expressed that $1 million funding is excessive. Council Member Reynoso also expressed that $1 million funding is excessive and is requesting staff to provide a strategic plan before the start of the program. Council Member Reynoso also expressed that nuisance abatement during the pandemic is not something residents can afford right now. Council Member Figueroa stated that he receives numerous phone calls from residents pertaining to Code Enforcement and inquired as to how long it would take for the program to become self-sustaining and what are the costs associated with not having this type of program. City Manager Fields informed that the program would be a revolving program that would establish itself over time and would focus on larger abatement efforts. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 12/17/2020 Director of Community and Economic Development Huntley advised some of the larger nuisance abatement cases in the City are prolonged issues. Figueroa commented on about the Mayor wants to ensure a lot of funds are spent on services cleaning up the community. Council Member Ibarra suggested that City staff bring back to the Mayor and City Council a workshop to address the unfunded Capital Improvement Projects and funding need for Code Enforcement staff. Council Member Ibarra advised she cannot approve this item. MOTION BY COUNCIL MEMBER IBARRA, SECOND BY COUNCIL MEMBER REYNOSO, to bring this item back to Council in a workshop style. Council Member Sanchez introduced a substitute motion. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER SHORETT, to approve Staff’s recommendation. Council Member Sanchez expressed that the residents need to be educated and inquired if staff will return to Mayor and City Council with a detailed plan. Director of Community and Economic Development Huntley advised that staff will be returning with a detailed plan once the program has begun. Council Member Shorett expressed that this program is critical and abatements are needed in all wards in the City. Council Member Calvin expressed that she would like to have a nuisance abatement program, however she would like to ensure that the Mayor and City Council are aware as to whom this program will effect. City Manager Fields advised that the intention of the program would be to pursue persistent nuisance abatement issues in the City. Mr. Fields advised that staff is asking for direction to establish the nuisance abatement program which will enhance the quality of life for residents. Council Member Calvin asked how soon staff could provide the Mayor and City Council with a strategic plan for the program. Staff advised they plan on bringing this item back the end of February or the beginning of March. Council Member Alexander expressed that $1 million is excessive when there are other pressing needs and suggested bringing back a trial or temporary program to determine if it will be successful. City Manager Fields explained that the fiscal shape of the City is better than expected and that this is one time savings for the refinancing of pension bonds. Council Member Ibarra would like tangible figures before allocating $1 million to Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 12/17/2020 establish a nuisance abatement program. Council Member Sanchez spoke in support of the program. RESULT: DIRECTED THE CITY MANAGER TO ESTABLISH A NUISANCE ABATEMENT PROGRAM AND AMEND THE FY 2020/21 OPERATING BUDGET TO ALLOCATE $1 MILLION IN ONE-TIME FUNDING TO BE SET ASIDE TO SUPPORT THE NUISANCE ABATEMENT PROGRAM, CARRIED (4-3) MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Calvin NOES: Ibarra, Reynoso, Alexander 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. Council Member Ibarra pulled Consent Calendar Item 14, Council Member Reynoso pulled Item 18, Council Member Calvin pulled Item 12, and Council Member Alexander pulled Items 7 and 10. RESULT: APPROVE THE CONSENT CALENDAR AND PULL ITEM NOS. 7, 10, 12, 14 & 18, Adopted [7- 0] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 7. October and November 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 October and November 2020. Council Member Alexander pulled Item 7 for discussion and requested that an item be added to a future agenda addressing the meetings of City Boards, Commissions and Citizen Advisory Committees and when they will begin meeting again. MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER REYNOSO, to add this item to a future agenda. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 12/17/2020 RESULT: ADDED AN ITEM TO A FUTURE MAYOR AND CITY COUNCIL MEETING TO ADDRESS THE MEETINGS OF CITY BOARDS, COMMISSIONS AND CITIZEN ADVISORY COMMITTEES, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 8. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for November 2020. 9. Maddy Act Local Appointments List (All Wards) Recommendation Adopt Resolution No. 2020-288 of the Mayor and City Council of the City of San Bernardino, California, approving the Local Appointments List. 10. Amendment to Legal Service Agreement Recommendation Adopt Resolution No. 2020-302 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a second amendment to the agreement for legal services with Carpenter, Rothans & Dumont LLP. Council Member Alexander pulled Item No. 7 for discussion and to direct questions to City Attorney Carvalho. City attorney Carvalho provided an overview of the staff report. MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2020-302, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH CARPENTER, ROTHANS & DUMONG, LLP, CARRIED (4-3) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett NOES: Reynoso, Calvin, Alexander Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 12/17/2020 11. Adopt Resolution No. 2020-290 and 2020-301 PLHA Authorization (All Wards) Recommendation 1. Adopt Resolution No. 2020-290 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development. 2. Adopt Resolution No. 2020-301 of the Mayor and City Council of the City of San Bernardino, California, approving the Permanent Local Housing Allocation Funds Section 302(c)(4) Plan. 12. Development Code Amendment 20-02 (San Bernardino Travel Center) (Ward 6) Recommendation Adopt Ordinance No. MC-1550 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-02 changing the Zoning District Classification from Commercial General (CG-1) to Industrial Light (IL) of ten (10) parcels containing a total of approximately 8.10 acres (APN: 0266-021-17, 18, 27, 32, 33, 34, 38, 39, 40 and 41), pursuant to a Mitigated Negative Declaration. Council Member Calvin pulled Item 12 for discussion. Council Member expressed that she has not had the opportunity to review the information or speak with the City’s Planning Department or the developers and she would like to address the community members and constituents of Ward 5. MOTION BY COUNCIL MEMBER CALVIN, SECOND BY COUNCIL MEMBER REYNOSO, to table Item No. 12 until she can speak with planning or the developers of the project, CARRIED 4-3 (COUNCIL MEMBERS: SANCHEZ, FIGUEROA, AND SHORETT OPPOSED) MAYOR VALDIVIA VETOED THE MOTION. MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. Atman Kadakia, Managing Principal at Greens Development, provided a presentation and updated Mayor and City Council regarding the San Bernardino Travel Center. Community and Economic Development Director Huntley provided clarification on what the City Council was being asked to approve. Council Member Reynoso inquired if an Environmental Impact Report has been completed and what the infrastructure responsibilities are of Greens Development. Council Member Reynoso also expressed concerns over traffic around the Travel Center. Mr. Kadakia informed the Mayor and City Council that a traffic study was performed and the Travel Center will provide safe, overnight truck parking areas and will reduce the Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 12/17/2020 amount of trucks parking on surrounding streets. He also stated that the roads around the Travel Center will be redone and new traffic signals will be installed. Council Member Calvin commented on the possible future deterioration of the streets due to the high traffic of trucks in the area and brought up issues of air quality. Council Member Calvin also mentioned that the truck stop is at an entrance into the City and expressed that the City needs to consider how it is reflected. Mr. Kadakia addressed Council Members concerns and explained the details of the Travel Center. Council Member Figueroa spoke in support of the project and reminded everyone how important truck drivers are and that at the beginning of 2020, they became essential workers. Council Member Reynoso expressed that this item should be tabled so that Council can ensure they are informed before making a decision. RESULT: ADOPTED ORDINANCE NO. MC-1550 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 20-02, CARRIED (4-3) MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Figueroa, Shorett, Alexander NOES: Ibarra, Reynoso, Calvin 13. Sales Tax CDTFA Execution (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2020-291 authorizing the City Manager to execute the Preparatory Agreement and the Administration Agreement with the California Department of Tax and Fee Administration (CDTFA) for implementation of the local transaction and use tax (Measure S); and 2. Adopt Resolution 2020-292 authorizing the examination of Transactions (sales) and Use Tax Records of the CDTFA. 14. Resolution Approving a City-Wide Salary Schedule for Employees of the City of San Bernardino (All Wards) Recommendation Adopt Resolution No. 2020-293 of the Mayor and City Council of the City of San Bernardino, California, approving a City-wide salary schedule for all full-time, part- time, temporary, and seasonal positions effective January 1, 2021 and repealing prior salary schedules and basic compensation plans, including Resolution Nos. 2020-6, 2020-13, 2020-129, and 2020-222. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 12/17/2020 Council Member Ibarra pulled Item 14 for discussion and requested to receive financials for 2021 before approving this item. MOTION BY COUNCIL MEMBER IBARRA, SECOND BY COUNCIL MEMBER ALEXANDER, to table this item until unaudited financial reports are provided to City Council next year. Edelia Eveland, Director of Human Resources, informed the Mayor and City Council that the updated Salary schedule is to comply with the minimum wage requirements that will take effect January 1, 2021. Secondary motion introduced: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2020-293 APPROVING A CITY- WIDE SALARY SCHEDULE FOR ALL FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS EFFECTIVE JANUARY 1, 2021 AND REPEALING PRIOR SALARY SCHEDULES AND BASIC COMPENSATION PLANS, CARRIED (6- 1) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra 15. RSVP Grant Augmentation and Budget Amendment FY 2020/21 (All Wards) Recommendation Adopt Resolution No. 2020-296 of the Mayor and City Council of San Bernardino, California, ratifying the grant amendment application submittal and accepting the one- time grant augmentation increase of $5,000, for a total amount available of $59,809 for the Retired Senior Volunteer Program (RSVP) for the period of April 1, 2020 through March 31, 2021. 16. Resolution Establishing a Tow Rotation System, Establishing Tow Carrier Standards, Establishing Franchise Fees for Tow Carriers, and Authorizing the Issuance of a Request for Proposals (RFP) for Tow Rotation Services (All Wards) Recommendation Adopt Resolution No. 2020-306 of the Mayor and City Council of the City of San Bernardino, California, establishing a tow rotation system, establishing tow carrier standards, establishing franchise fees for tow carriers, and authorizing the issuance of a request for proposals (RFP) for tow rotation services. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 12/17/2020 17. Contract Award for California Theatre Roof Upgrade- (Ward 1) Recommendation Adopt Resolution No. 2020-297 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving a total budget amount of $316,217 for the California Theatre Roof Upgrade (“Project”) to include construction costs in the amount of $272,833, project contingencies in the amount of $27,500, and engineering and inspection budgets in the amount of $15,884; 2. Appropriating an additional $16,217 from the Public Use Facilities Fund and authorizing the Director of Finance to amend the FY 2020/21 CIP to reflect a total Project budget of $316,217; and 4. Approving the award of a construction contract with San Marino Roof Co., Inc. of Orange, California in the amount of $272,833 for the Project. Council Member Reynoso commented that he agrees with this item, however expressed that spending $272,833 on this project during a pandemic seems irresponsible. 18. Approve Final Tract Map No. 20006 (Ward 5) Recommendation Adopt Resolution No. 2020-299 of the Mayor and City Council of the City of San Bernardino, California, approving the Final Map for Tract No. 20006 (Subdivision 16-03) involving the subdivision of a project site containing approximately 28.3 acres into 119 single-family residential lots for the Rancho Palma Specific Plan located on the north side of W. Little League Drive west of N. Palm Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements. Council Member Reynoso pulled Item 18 for discussion and expressed concerns regarding how close the homes are to one another. He inquired if it would be possible for the developer to redraw the maps and possibly propose a reduced amount of homes. City Attorney Carvalho informed Mayor and City Council that at this point in the process, the action to approve the Final Tract Map is the final step and is an administerial act of the City Council. MOTION BY COUNCIL MEMBER REYNOSO to table this item until the next Mayor and City Council meeting in January. Council discussed the possibility of postponing the approval of this item until the next meeting in January and inquired regarding possible legal action. Secondary motion introduced: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER SANCHEZ, to approve Staff’s recommendation. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 12/17/2020 RESULT: ADOPTED RESOLUTION NO. 2020-299 APPROVING THE FINAL MAP OF TRACT NO. 20006 AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE SUBDIVISION IMPROVEMENTS (ALL WARDS) CARRIED (5-3) MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Figueroa, Shorett, Calvin, Alexander NOES: Ibarra, Reynoso 19. Purchase Order Increase - Southern California Gas Company (Ward: 1) Recommendation Adopt Resolution No. 2020-300 of the Mayor and City Council of the City of San Bernardino, California, approving an increase in Purchase Order No. 2021-207 with Southern California Gas Company pursuant to Section 3.04.010 B-3, of the Municipal Code for the purchase of compressed natural gas (CNG). 20. Resolution Declaring Waterman Landfill Property as Surplus Land (Ward 3) Recommendation Adopt Resolution No. 2020-303 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property located east of Waterman Avenue, and north of Vanderbilt Way and Carnegie Drive, commonly known as the Waterman Landfill, as surplus land; and direct the City Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for the disposition of surplus land. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS A. Dedicated staff time for Local Campaign Finance Regulations including: 1) Election campaign contribution limits; 2) Limits on contributions by applicants and their agents during the permitting process; 3) Limits on solicitation of contributions by elected from applicants and their agents during the permitting process; 4) Disclose requirements for any contributions for a 12-month period prior to any Council action involving the contributor – Submitted by Council Member Theodore Sanchez Council Member Sanchez requested that an item be brought to the Mayor and City Council to address Local Campaign Finance Regulations. ITEMS TO BE REFERRED TO COMMITTEE Council Member Figueroa wanted to recognize two businesses in the City, Casa de Flores and Jovi’s Diner, and asked that recognition of City businesses be placed back on the Mayor and City Council Agenda. Council Member Alexander requested staff to update the City’s website with photographs for elected and appointed officials and department directors. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 15 Printed 12/17/2020 REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences/meetings attended from the Mayor or City Council. RECESS TO CLOSED SESSION The Mayor and City Council recessed to Closed Session at 9:51p.m. CLOSED SESSION PUBLIC COMMENT There were no public comments received for Closed Session. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Arrowhead Lodge No. 896 I.B.P.O.E. of W and its members v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 (consolidated with San Bernardino Superior Court Case No. CIVSB2024556). b. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1911952 c. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1906467 d. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 e. Rznhead Inc. dba Cookies San Bernardino, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2005179 f. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 g. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562 h. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 i. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4): One item). CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there was no reportable action for the items discussed. Special Meeting Minutes December 16, 2020 Mayor and City Council of the City of San Bernardino Page 16 Printed 12/17/2020 ADJOURNMENT The Closed Session meeting of the Mayor and City Council was continued at 11:35 p.m. to Friday, December 18, 2020 at 4:00 p.m. BY: Genoveva Rocha, CMC City Clerk