HomeMy WebLinkAbout06-03-2020 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 JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, JUNE 3, 2020
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:45 PM by Mayor John Valdivia on Wednesday, June 3, 2020, via Web-Conference,
San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Mayor Pro-Tem, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Henry Nickel Council Member, Ward 5 Present
Bessine L. Richard Council Member, Ward 6 Present
James Mulvihill Council Member, Ward 7 Present
John Valdivia Mayor Present
Genoveva Rocha Acting City Clerk Present
Sonia Carvalho City Attorney Present
Teri Ledoux City Manager Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Henry Nickel
Bessine Richard
James Mulvihill
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/4/2020
CLOSED SESSION PUBLIC COMMENT
There were no public comments submitted for Closed Session.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
a. 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)
b. 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
c. Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th
Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case
No. CIVDS1827968)
d. SB Pharma Holdings, Inc. dba The Row House v. City of San Bernardino,
San Bernardino Superior Court Case No. CIVDS1914576
e. 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
f. Ashe Society SB, LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1911952
g. EEL Holdings, Inc., LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1906467
h. Kostadinos Kahros, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1830325
i. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1905710
j. Quiang Ye, et al. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS1704276, Court of Appeals Case No. D076196
k. Washington, LLC, et al. v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1922151
l. KP Investment Group, LLC v. City of San Bernardino, et al., San Bernardino
Superior Court Case No. CIVDS1909577
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): four cases - tort claims filed by Mirna Cisneros (dated February
12, 2020), Karen Cervantes (dated February 12, 2020), Don Smith (dated March
31, 2020), and Jackie Aboud (dated April 27, 2020).
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Ibarra led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho announced that there was no reportable action.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/4/2020
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Liz Gold, San Bernardino, called about curfew notifications distributed via mobile
phones. She wants to know if the City has something like this, or if it is something the
City can get.
Jeanette McKaig, San Bernardino, called with concerns about the City communicating
effectively with citizens regarding curfews and other issues. She requests that the
Mayor step down from his duties.
Debbie Arreola, San Bernardino, was concerned that citizens had no direction from
the City regarding the riots that occurred over the weekend. She stated that there is no
protection for citizens. She would like the management of the Police Department to be
investigated.
Esmeralda Negrete, San Bernardino, commended council regarding the budget
reductions from the last meeting. She expressed concern about the Mayor and the
lawsuits against him.
Mayor Valdivia made a public statement regarding the incidents that took place over the
weekend and thanked surrounding agencies, the San Bernardino Sheriff’s Department
and California Highway Patrol for their assistance.
Council Member Shorett read into the record an emailed comment from Dr.Margaret Hill
Council Member Shorett read into the record an emailed comment from Dr. Treasure
Ortiz requesting that the Mayor and Council Member Figueroa recuse themselves from
Item No. 8.
Council Member Nickel read into the record a written comment from an anonymous
submitter related to fireworks.
Council Member Richard read into the record a written comment submitted by Mr.
Hardy Brown of Black Voice News, he spoke on the incident involving George Floyd
and police brutality.
City Manager Teri Ledoux informed that staff had an emergency resolution item related
to an Executive Order for the Mayor and City Council’s consideration and requested that
the item be added to the agenda due it coming up after the posting of the agenda and
requiring immediate action.
RESULT: Add Item No. 18 Emergency Resolution to the Consent Calendar
due to the item coming up after the posting of the agenda and
requiring immediate action (Carried 7-0)
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/4/2020
Acting Chief McBride provided the Mayor and City Council with an update on the
incidents that took place over the weekend and spoke on the curfew and protests that
have taken place since.
Council Member Nickel commented on the protests and asked why the City was not
utilizing cellular technology to inform the public about the curfews. Acting Chief McBride
informed that the City would have to purchase a reverse 911 system to allow for those
notifications to be sent.
City Attorney Carvalho advised the Mayor and City Council why the executive order was
drafted.
STAFF REPORTS
1. Interim Golf Course Management Agreement
Recommendation
Adopt Resolution No. 2020-123 of the Mayor and City Council of the City of San
Bernardino, California, to ratify the Interim Golf Course Management Agreement
between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the
Shandin Hills Golf Course.
Community and Economic Development Director Michael Huntley gave a presentation
to the Mayor and City Council.
The Mayor and City Council discussed briefly discussed potential options for the golf
course.
RESULT: Adopted Resolution No. 2020-123 to ratify the Interim Golf Course
Management Agreement between the City of San Bernardino and CF
Shandin Hills ARCIS LLC for the Shandin Hills Golf Course,
CARRIED 7-0.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
PUBLIC HEARINGS
2. Resolution of the Mayor and City Council of the City of San Bernardino
Approving the Issuance of Bonds
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California;
1. Conduct a public hearing under the requirements of TEFRA and the Internal
Revenue Code of 1986, as amended; and
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/4/2020
2. Adopt Resolution No. 2020-108 of the Mayor and City Council of the City of San
Bernardino, California, approving the issuance of the California Municipal Finance
Authority Multifamily Housing Revenue Bonds in an aggregate principal amount not
to exceed $55,000,000 for the purpose of financing or refinancing the acquisition,
rehabilitation, improvement, and equipping of Foothill Villas Apartments and certain
other matters relating thereto.
Mayor Valdivia opened the Public Hearing at 8:09 p.m.
Housing Manager Gretel Noble provided a presentation to the Mayor and City Council.
There were no requests to speak or public comments submitted.
Mayor Valdivia closed the Public Hearing at 8:12 p.m.
RESULT: Conducted a Public Hearing and Adopted Resolution No. 2020-
108, approving the issuance of the California Municipal Finance
Authority Multifamily Housing Revenue Bonds in an aggregate
principal amount not to exceed $55,000,000 for the purpose of
financing or refinancing the acquisition, rehabilitation,
improvement, and equipping of Foothill Villas Apartments and
certain other matters relating thereto.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihilll, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
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.
City Manager Ledoux informed the Mayor and City Council that staff was requesting to
continue Item Nos. 11 and 14 to a future meeting.
RESULT: Approved the Consent Calendar, continued Item Nos. 11 and 14.
Item No. 18 was added to the Consent Calendar and a separate
vote was taken on that item, CARRIED 7-0
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihilll, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
3. City Council Approval of Draft Minutes for the Regular Meeting of March 18,
2020, April 1, 2020, and the Special Meeting of 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.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/4/2020
4. Adoption of Ordinance No. MC-1531 Sign Regulations Update
Recommendation
Accept for final reading and adopt Ordinance No. MC-1531 of the Mayor and City
Council of the City of San Bernardino, California, 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.
5. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial and payroll disbursements for May 2020.
6. Monthly Investment Portfolio Report for April 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, accept and file the Monthly Investment Portfolio Report for April 2020.
7. Resolution Authorizing the Increase of a Purchase Order to Duratech USA,
Inc.
Recommendation
Adopt Resolution No. 2020-110 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the increase of the purchase order issued to
Duratech USA, Inc. to $70,200.
8. Cannabis Consulting Services Agreement
Recommendation
Adopt Resolution No. 2020-111 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between the City of San Bernardino and SCI Consulting Group
(SCI) for Cannabis Monitoring and Financial Audit Services at the proposed contract
amount; and approve the amended Minutes for the December 4, 2019 Mayor and
City Council meeting, Item No. 24, reflecting the correct motion and consulting
group awarded the Professional Services Agreement for Cannabis Monitoring and
Financial Audit Services.
9. Purchase and Sale Agreement with Edward C. Adams and Jeanne M. Adams
with Respect to the Real Property Located at 552 and 578 N. Mt. Vernon
Avenue and 1316 W. Spruce Street (APNs 0138-114-09 to -11 and 0138-114-18)
Recommendation
Adopt Resolution No. 2020-109 of the Mayor and City Council of the City of San
Bernardino, California, approving the Purchase and Sale Agreement and Joint
Escrow Instructions between the City of San Bernardino and Edward C. Adams and
Jeanne M. Adams with respect to the real property located at 552 and 578 N. Mt.
Vernon Avenue and 1316 W. Spruce Street, San Bernardino, California (APNs
0138-114-09 to -11 and 0138-114-18), and authorizing the City Manager to execute
the Agreement.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/4/2020
10. Resolution Approving Final Tract Map 17170-1 (Subdivision 04-23) Santiago
Communities
Recommendation
Adopt Resolution No. 2020-112 of the Mayor and City Council of the City of San
Bernardino, California, approving Final Map for Tract No. 17170-1 (Subdivision 04-
23) involving the subdivision of a parcel containing approximately 9.75 acres into
thirteen (13) single-family residential lots and one Lettered Lot “A”. The project site
is located on the easterly side of Macy Street between Spruce Street and Sixth
Street within the Residential Suburban (RS) Zone, accepting the public dedications
as set forth on said map; and authorizing execution of the standard form of
agreement for the subdivision improvements.
11. Resolution Approving Cooperative Agreement with the City of Highland and
San Bernardino County for Submission of a Grant Application to the Active
Transportation Cycle 5 Grant Program
Recommendation
Adopt Resolution No. 2020-113 of the Mayor and City Council of the City of San
Bernardino, California, approving a Cooperative Agreement with the City of
Highland and San Bernardino County for the submission of a Grant Application to
the Active Transportation Cycle 5 Grant Program for the Highland/San Bernardino
Bi-City Bikeway and Walkway Connector (Project) and authorizing the Director of
Finance to record a budget adjustment in Local Circulation Development Impact
Fee (DIF) Fund No. 263 in the amount of $23,000 in support of the application
preparation.
Item No. 11 was continued to a future meeting date to be determined.
12. Approve Stormwater Treatment Devices and Control Measure Access and
Maintenance Agreement Between San Bernardino County Transportation
Authority (SBCTA) for the Water Quality Management Plan (WQMP)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-114, authorizing the City Manager to execute
a Stormwater Treatment Device and Control Measure Access and Maintenance
Agreement between the City of San Bernardino and the San Bernardino County
Transportation Authority (SBCTA) for the Water Quality Management Plan
(WQMP).
13. Revised Five-Year Capital Improvement Program (FY 2019/20 to FY 2023/24)
for Measure I Local Expenditures
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-115, approving the Revised Measure I Five-
Year Capital Improvement Plan for FY 2019/20 through FY 2023/24 and Measure I
Expenditure Strategy and acknowledging that the City will maintain the base year
level of expenditures in the amount of $1,075,643 from the General Fund to meet
required Maintenance of Effort (MOE) expenditures in FY 2019/20.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/4/2020
14. Purchase and Sale Agreement and Joint Escrow Instructions for the Partial
Acquisition for Assessor’s Parcel 0271-051-11 and 0271-051-12 for the
Widening of West 40TH Street from Johnson Street to Electric Avenue
Recommendation
Adopt Resolution No. 2020-117 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Partial Purchase
and Sale Agreement with Bryan Henley and Sharland L. Henley for the property
located at 337 & 339 West 40th Street.
Item No. 14 was continued to a future meeting date to be determined.
15. Resolution to Reject All Bids for Special Provisions No. 13400 - Pavement
Rehabilitation at Eleven Locations
Recommendation
Adopt Resolution No. 2020-118 of the Mayor and City Council of the City of San
Bernardino, California, rejecting all bids for Special Provisions No. 13400 -
Pavement Rehabilitation at Eleven Locations ("Project").
16. Authorize the Issuance of a Purchase Order to Maneri Traffic Control, Inc., for
the Purchase of Four Traffic Message Boards
Recommendation
Adopt Resolution No. 2020-119 of the Mayor and City Council of the City of San
Bernardino, California to:
1. Authorize the purchase of four (4) Wanco Mini Three-Line Message Boards
from Maneri Traffic Control, Inc. Fallbrook, CA, in the amount of $70,000; and
2. Authorize the Director of Finance to record a budget adjustment in the
amount of $70,000 in Traffic Safety Fund No. 128 for the purchase; and
3. Authorizing the Director of Finance to issue a purchase order in the support of
the equipment purchase.
17. Public Works Equipment Purchase - Traffic Signal Controllers
Recommendation
Adopt Resolution 2020-121 of the Mayor and City Council of the City of Bernardino,
California:
1. Authorizing the purchase of fifteen (15) traffic signal controllers from McCain Inc.,
of Vista, California in the amount of $44,550; and
2. Authorizing the Director of Finance to record a budget adjustment in the Traffic
Safety Fund (128) for the equipment purchase; and
3. Authorizing the Director of Finance to issue a purchase order in support of the
equipment purchase.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/4/2020
18. Emergency Resolution Ratifying the Executive Order No. 2020-04 and
Proclaiming the Existence of a Local Emergency
Recommendation
Adopt Resolution No. 2020-96 Ratifying the Executive Order No. 2020-04 and
Proclaiming the Existence of a Local Emergency
City Manager Ledoux read Section 8 of the Executive Order that explained how long the
curfew would be enacted.
The Mayor and Council Members commented on the curfew and recommended that the
curfew be moved to 8 p.m.
MOTION BY COUNCIL MEMBER MULVIHILL, SECONDED BY COUNCIL MEMBER
RICHARD to move the curfew to 8:00 p.m.
Council Member Mulvihill amended his motion to include the adoption of
Resolution No. 2020-96
RESULT: ADOPTED RESOLUTION NO. 2020-96 Ratifying the Executive
Order 2020-04, Proclaiming the Existence of a Local Emergency,
and directing staff to move the curfew to 8:00 p.m.
[CARRIED 7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
ITEMS TO BE REFERRED TO COMMITTEE
Mayor Valdivia acknowledged Council Member Ibarra’s request made earlier in the
meeting to request the reconsideration of her vote on the proposed Fiscal Year 2020/21
Proposed Budget item discussed at the Special meeting on June 2, 2020.
City Attorney Carvalho informed that the Mayor and City Council could proceed with the
formal process; however, the item could not be discussed and would need to be
agendized at a future meeting. City Attorney Carvalho recommended that if Council
Member Ibarra had decided to change her vote she could inform the City Manager and
direct the City Manager to bring back the budget item with the alternative in it and at that
time the City Council could vote on the items Council Member Ibarra had previously
addressed.
Council Member Ibarra agreed that she was amenable to the City Attorney’s
recommendation as long as the changes were reflected on the agenda for June 17th.
City Manager Ledoux informed the Mayor and City Council that Staff was considering
changing the final budget meeting to June 24th due to needing more time with the
bargaining groups and they could incorporate Council Member Ibarra’s reconsideration.
Council Member Sanchez addressed the challenges and current events happening in
the city and country.
Regular Meeting Agenda June 3, 2020
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/4/2020
Council Member Richard requested that an item to discuss illegal fireworks be brought
back in August to help address the issues in 2021 considering that the 4th of July was
near and there would only be one month to discuss the topic.
Council Member Shorett stated the illegal fireworks needed to be discussed to address
the issues being raised by residents in the community.
Mayor Valdivia encouraged residents to report neighbors with illegal fireworks.
Council Member Mulvihill stated that several departments had been outsourced and
asked where more money has been spent in services. City Manager Ledoux informed
staff could bring back an item that explained the expenses.
Council Member Nickel requested that fireworks be added to the GoGov app to allow
residents to make reports and requested a debrief on the events of Sunday, a debrief
on Covid-19 before the Winter season, and an update on the final assessment on the
comprehensive facilities assessment.
Council Member Ibarra requested an update on re-opening departments.
Council Member Richard advised that certain departments in the county were re-
opening by appointment only.
City Manager Teri Ledoux advised she could keep the Mayor and City Council updated
on any re-opening plans.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on conferences or meetings attended.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, June 3, 2021, at
8:50 p.m.
The next joint 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, June 10,
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