HomeMy WebLinkAbout06-17-2020 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 17, 2020
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 5:30 PM by Mayor Valdivia on Wednesday, June 17, 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
Jim 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
Jim Mulvihill
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/17/2021
CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz, San Bernardino, asked for the litigation with Pepe’s Towing to be
settled. She also asked that the Mayor resign.
CLOSED SESSION
(A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government
Code Section 54956.8:
Property Address: Bryce Hanes Park, 534 W. 9th Street (APN 01040-143-54)
Agency Negotiator: Teri Ledoux, City Manager
Negotiating Party: San Bernardino Valley Municipal Water District
Under Negotiation: Price and Terms of Purchase
(B) 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)
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Nickel led the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
There was no reportable action taken in Closed Session.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Anonymous, San Bernardino, spoke about cannabis permits. She thinks council
should wait until Mayor and Council gives disclosure regarding cannabis businesses
and the Vanir tower lease, also increase penalty regarding fireworks.
Ryan Ovanesian, San Bernardino, called with concerns regarding the cannabis permit
process within the City.
Dr. Saraj, San Bernardino, spoke regarding the cannabis business license process.
He would like the process revised to be fairer.
Cheryl Brown, San Bernardino, spoke about the African-American heritage of San
Bernardino. She would like the official documents corrected to include Blacks’
contributions.
Victor Suarez, San Bernardino, called with concerns regarding the Mayor’s
leadership.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/17/2021
Treasure Ortiz, San Bernardino, called regarding the renewal of the lease of the Vanir
Tower. She also expressed concern about Police Officers’ long working hours.
Andrew Thompson, San Bernardino, asked to extend performance deadlines for the
Visual and Performing Art Grant Award Agreements.
Robert Porter, San Bernardino, spoke about cannabis business permits within the
City. He believes that cannabis should be a free market.
Jeanette McKaig, San Bernardino, was concerned about a letter the Police Officer’s
Association wrote to Councilmember Ibarra. She stated that it was not appropriate.
Council Member Mulvihill read into the record a written public comment emailed to him
related to fireworks.
Council Member Nickel read into the record two written comment emailed to him
regarding settling the City’s lawsuit with Pepe’s Towing.
STAFF REPORTS
1. Update on Cannabis Permits and Litigation; Review of Permit Categories and
Numbers; Review of Application Criteria; and Adoption of Resolution to
Establish Microbusiness Permits
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Accept the annual commercial cannabis business permit update and litigation
update; and
2. Discuss and provide direction to staff on whether to increase or modify permit
categories and the number of permits, and direct staff to prepare a possible
ordinance to increase the total number of permits and/or prepare a resolution to
either adjust the distribution of permits by type or to eliminate the restriction
altogether; and
3. Discuss and provide feedback on recommended amendments to the proposed
commercial cannabis business permit application review criteria, procedures and
fees; and
4. Adopt Resolution 2020-148 authorizing the transition of two current open and
operating commercial cannabis businesses to alter their existing permits to
transition to two commercial cannabis microbusiness permits.
Mayor Valdivia requested that the Mayor Pro-Tem Chair Item No. 1. Mayor Valdivia
stated he would be recusing himself from the item because in the past he had received
a source of income from the industry; therefore he would remove himself from the
discussion.
City Attorney Carvalho and Executive Assistant to the Community and Economic
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/17/2021
Development Director Stephanie Sanchez provided a presentation to the City Council.
Council Member Nickel proposed going through the categories one at a time.
Council Member Shorett commented that he thought it was important to include a
location and that the applicants state their intentions.
Council Member Figueroa stated that when it came to the lease if there was a change to
the location he did not want the clock to restart for the applicant. City Attorney Carvalho
stated she would notate that request.
MOTION BY COUNCIL MEMBER NICKEL SECONDED BY COUNCIL MEMBER
SANCHEZ, TO ELIMINATE THE REQUIREMENT TO STIPULATE A LEASE
AGREEMENT, CARRIED 7-0.
The City Council discussed revising the guidelines on applicant’s requests to relocate
their business.
MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER
NICKEL, TO ALLOW THE TRANSFERABILITY OF THE BUSINESS LOCATION AND
THAT THE APPLICANT ADHERE TO THE ORIGINAL DEADLINE, CARRIED 6-1
(COUNCIL MEMBER IBARRA VOTED IN OPPOSITION).
The City Council moved on to discuss a guarantee and/or bond.
City Attorney Carvalho recommended that a survey of cities similar to San Bernardino
that have regulatory programs be conducted to see what guarantees they have.
MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER
NICKEL, DIRECTING STAFF TO DRAFT A MONETARY GUARANTEE AFTER
CONDUCTING A SURVEY AND PRESENT THE AMOUNT TO THE CITY COUNCIL
WITH THE DRAFT LANGUAGE, CARRIED 7-0.
Council Member Mulvihill requested that Staff consider a certified refundable check.
City Council moved on to discuss opportunities to perfect permits for existing applicants.
City Attorney Carvalho explained having a timeline in place for existing applicants to
perfect their permits.
MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER
SANCHEZ, DIRECTING STAFF TO SET A TIMELINE FOR EXISTING APPLICANTS
AS THE FOLLOWING: THIRTY DAYS TO RESPOND TO THE LETTER FROM THE
CITY CONFIRMING THEIR INTEREST, GIVE A GUARANTEE, AFTER PROVIDING
THE GUARANTEE AN ADDITIONAL THIRTY DAYS TO GO INTO PLAN CHECK,
AND AT THE COMPLETION OF THE PLAN CHECK AN ADDITIONAL THIRTY DAYS
TO PULL PERMITS, CARRIED 7-0.
The City Carvalho explained options to the City Council that they could choose if they
decided to settle with current applicants.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/17/2021
MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER
SANCHEZ, TIMELINES ESTABLISHED FOR EXISTING OPERATORS APPLY TO
NEW APPLICANTS WITH THE CAVEAT THAT IF THE CITY WERE TO ENTER INTO
DISCUSSION WITH PLAINTIFFS THAT THE CITY MIGHT HAVE PARTICULAR
PERFORMANCE DEADLINES FOR THOSE PLAINTIFFS BASED ON POTENTIAL
SETTLEMENT DISCUSSIONS, AND BE ABLE TO NEGOTIATE THE SPECIFICS OF
TIMING AND APPLICATION FEES, WITH A STIPULATION TO ENTER INTO
INDIVIDUAL SETTLEMENT AGREEMENTS, CARRIED 7-0.
The City Council proceeded to discuss increasing the number of permits.
MOTION BY COUNCIL MEMBER NICKEL SECOND BY COUNCIL MEMBER
FIGUEROA TO RAISE THE CURRENT CAP ON THE NUMBER OF EXISTING
LICENSES, CARRIED 5-2 (COUNCIL MEMBERS SHORETT AND MULVIHILL
VOTED IN OPPOSTION).
MOTION BY COUNCIL MEMBER NICKEL SECOND BY COUNCIL MEMBER
FIGUEROA, TO MAINTAIN A CAP OF ONE (1) PERMIT FOR EVERY 12,500 IN
POPULATION ON RETAIL COMPONENTS, INCLUDING THOSE THAT ARE A
COMBINATION OF RETAIL MICROBUSINESSES, AND RELEASE THE CAP ON
THE OTHER BUSINESS CATEGORIES, CARRIED 5-2 COUNCIL MEMBERS
SHORETT AND MULVIHILL VOTED IN OPPOSITION).
RESULT: Adopted Resolution 2020-148 authorizing the transition of two
current open and operating commercial cannabis businesses to
alter their existing permits to transition to two commercial
cannabis microbusiness permits, and that the transition of any
currently open or anyone open on or before August 31, 2020, to
turn in their existing Commercial Cannabis Business (CCB)
permit into a Microbusiness CARRIED 6-1.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Richard
NOES: Mulvihill
City Council took a five-minute recess at 9:13 p.m.
The Mayor and City Council reconvened into Open Session at 9:19 p.m.
2. Award of a Construction Agreement for the Palm Medians Landscape
Improvement Project
Recommendation
Adopt Resolution No. 2020-116 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing expenditures in a total amount of $735,000 for the construction of the
Palm Avenue Median Landscape Project (“Project”) to include a Construction
Agreement in the amount of $668,000 and contingencies in the amount of
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/17/2021
$67,000; and
2. Approving the award of a Construction Agreement with KASA Construction, Inc.
of Chino, California, in the amount of $668,000 to perform the median
improvements; and
3. Amending the FY 2019/20 CIP SS20-011 - Citywide Medians Rehabilitation
Project to include Palm Avenue Median as project location; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Public Works Director Kristen Jensen provided a presentation to the Mayor and City
Council.
RESULT: Adopted Resolution No. 2020-116, Authorizing expenditures in a
total amount of $735,000 for the construction of the Palm Avenue
Median Landscape Project (“Project”) to include a Construction
Agreement in the amount of $668,000 and contingencies in the
amount of $67,000; and approving the award of a Construction
Agreement with KASA Construction, Inc. of Chino, California, in
the amount of $668,000 to perform the median improvements; and
amending the FY 2019/20 CIP SS20-011 - Citywide Medians
Rehabilitation Project to include Palm Avenue Median as project
location; and Authorizing the City Manager or designee to expend
the contingency fund, if necessary, to complete the project,
CARRIED 7-0.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
3. Setting the 2020 Regulatory Fee Rate for the Sale of "Safe and Sane" Fireworks
Recommendation
Adopt Resolution No. 2020-130 of the Mayor and City Council of the City of San
Bernardino, California, setting the 2020 Regulatory Fee for the sale of "safe and
sane" fireworks in the City of San Bernardino.
Assistant City Manager Rebekah Kramer presented to the Mayor and City Council,
followed by a presentation from Acting Chief McBride regarding the police department’s
enforcement efforts related to illegal fireworks.
The Mayor and City Council discussed the fines related to the fireworks Ordinance and
their concerns related to illegal fireworks.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/17/2021
RESULT: Adopted Resolution No. 2020-130, setting the 2020 Regulatory Fee
at 10% for the sale of "safe and sane" fireworks in the City of San
Bernardino, CARRIED 7-0.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
4. Lease Extension Agreement Options - Vanir Tower Building, Inc.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, consider Vanir Tower lease options and provide direction to staff.
Public Works Director Kristen Jensen provided a presentation to the Mayor and City
Council. The Mayor and City Council discussed the options, savings, and moving costs
associated with the options presented.
MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER
SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR LEASE AND ELIMINATING
THE OFFICE SPACE FROM THE 8TH FLOOR.
Council Member Mulvihill introduced a substitute motion to direct staff to sign a
twelve-month lease and eliminating Suite 808 (Mayor’s Office) and meeting
rooms, the motion failed for lack of a second.
The City Clerk took the roll call on the original motion.
MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL MEMBER
SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR LEASE AND ELIMINATING
THE OFFICE SPACE FROM THE 8TH FLOOR. , FAILED 4-3 (COUNCIL MEMBERS
FIGUEROA, SHORETT, RICHARD, AND MULVIHILL VOTED IN OPPOSTION).
Council Member Richard informed she was requesting to reconsider her vote on the
original motion and she had intended to vote in favor.
Mayor Valdivia stated that with Ms. Richard’s reconsideration the vote for the original
motion carried 4-3.
RESULT: MOTION BY COUNCIL MEMBER NICKEL, SECOND BY COUNCIL
MEMBER SANCHEZ, DIRECING STAFF TO SIGN A ONE-YEAR
LEASE AND ELIMINATING THE OFFICE SPACE FROM THE 8TH
FLOOR.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, , Nickel, and Richard
NOES: Figueroa, Shorett, and Mulvihill
Mayor Valdivia announced at 11:04 a.m. that he was leaving the meeting.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/17/2021
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: Approved the Consent Calendar and pulled Item Nos. 11, 12, and
15 for Discussion, CARRIED 7-0.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
5. January, February, March, April, and May 2020 City Board, Commission, and
Citizen Advisory Committee Approved Minutes
Recommendation
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 March, April, and May 2020.
6. Notice and Calling of a General Municipal Run-Off Election
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the following resolutions required in order to conduct a General
Municipal Run-Off Election on Tuesday, November 3, 2020:
1) Adopt Resolution No. 2020-146 of the Mayor and City Council of the City of San
Bernardino, California, calling and giving notice of the holding of a General
Municipal Run-Off Election to be held on Tuesday, November 3, 2020,
requesting the Board of Supervisors of the County of San Bernardino to
consolidate said Election with the November 3, 2020, Statewide General Election
and permit the San Bernardino County Registrar of Voters to render Election
services to the City of San Bernardino for said Election, and authorizing the City
Manager to pay the invoice for the costs of the Election; and
2) Adopt Resolution No. 2020-147 of the Mayor and City Council of the City of San
Bernardino, California, adopting regulations for candidates for elective office
pertaining to Candidate Statements submitted to the voters at an Election to be
held on Tuesday, November 3, 2020.
7. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for May 2020.
8. Approve City Investment Policy for FY 2020/21
Recommendation
Adopt Resolution No. 2020-124 of the Mayor and City Council of the City of San
Bernardino, California, approving the City Investment Policy for FY 2020/21.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/17/2021
9. Monthly Investment Portfolio Report for May 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 May 2020.
10. Agreement with R.T. Desai & Associates for Accounting Consultant Services
Recommendation
Adopt Resolution No. 2020-125 of the Mayor and City Council of the City of San
Bernardino, California, approving the Professional Services Agreement between the
City of San Bernardino and consultant R.T. Desai & Associates for accounting
services in the amount of $150,000 and authorizing the City Manager, or designee,
to execute the agreement.
11. First Amendment to the Professional Services Agreement Between the City of
San Bernardino and Barboza & Associates for Investigation Services
Recommendation
Adopt Resolution 2020-126 of the Mayor and City Council of the City of San
Bernardino, California, approving the First Amendment to the Professional Services
Agreement between the City of San Bernardino and Barboza & Associates for
workplace investigation services.
Council Member Nickel pulled this item for discussion.
Human Resources Manager Edelia Eveland gave a brief presentation to the City
Council.
Council Member Nickel and Mulvihill stated their concerns related to the cost and stated
they would not be supporting the item.
Council Member Shorett stated the City has an obligation to investigate the claims and
asked what the ramifications would be if this item was not approved.
City Attorney Carvalho informed that the outside legal counsel had explained in Closed
Session why it was legally required to investigate under the City’s policies, had
described the risks if an investigation was not performed, and had stated he was also
available to answer any questions.
Council Member Shorett stated the City was in jeopardy if the amendment was not
approved.
RESULT: Adopt Resolution 2020-126 approving the First Amendment to the
Professional Services Agreement between the City of San
Bernardino and Barboza & Associates for workplace investigation
services, CARRIED 4-3.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Shorett, Richard, and Mulvihill
NOES: Ibarra, Figueroa, and Nickel
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/17/2021
12. Risk Management Insurance Program Fiscal Year 2020/21
Recommendation
Adopt Resolution No. 2020-131 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to purchase both a 30-day
extension to the current excess liability policies for the extended term of coverage
through July 31, 2020 for the premium amount of $47,509 and excess workers’
compensation insurance through Public Risk Innovation, Solutions, and
Management (PRISM) formerly California State Associate of Counties Excess
Insurance Authority (CSAC-EIA) premium quote in the amount of $384,275.
Council Member Nickel pulled this item
RESULT: Adopt Resolution No. 2020-131 authorizing the City Manager to
purchase both a 30-day extension to the current excess liability policies for the
extended term of coverage through July 31, 2020 for the premium amount of
$47,509 and excess workers’ compensation insurance through Public Risk
Innovation, Solutions, and Management (PRISM) formerly California State
Associate of Counties Excess Insurance Authority (CSAC-EIA) premium quote in
the amount of $384,275, CARRIED 7-0.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, and Mulvihill
NOES: None
13. Side Letter Agreement Between the City and the San Bernardino Police
Officers Association (SBPOA)
Recommendation
Adopt Resolution No. 2020-132 of the Mayor and City Council of the City of San
Bernardino, California, approving a Side Letter Agreement to the Memorandum of
Understanding (MOU) between the City of San Bernardino and the San Bernardino
Police Officers Association (SBPOA), amending Article VI-Working Conditions,
Section 1: Work Schedules and Article III-Compensation, Section 3: Overtime,
effective the first full 28-day work period following Mayor and City Council approval.
14. Addendum to Amend the Performance Period Deadline for the Visual and
Performing Art Grant Award Agreements
Recommendation
Adopt Resolution No. 2020-133 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute an
addendum to the Visual and Performing Art Grant Award Agreements amending the
performance period deadline to December 31, 2020.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/17/2021
15. First Amendment to Memorandum of Understanding Between the Public
Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino Police
Department
Recommendation
Adopt Resolution No. 2020-134 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First
Amendment to the Memorandum of Understanding between the Public Safety
Academy of San Bernardino Inc. (PSA) and the San Bernardino Police Department.
Council Member Nickel pulled this item.
RESULT: Adopted Resolution No. 2020-134, authorizing the City Manager to
execute the First Amendment to the Memorandum of Understanding between
the Public Safety Academy of San Bernardino Inc. (PSA) and the San Bernardino
Police Department, CARRIED 7-0.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES: None
16. Authorization to Accept Department of Justice Coronavirus Emergency Grand
Funding
Recommendation
Adopt Resolution 2020-135 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept the BJA Fiscal Year
2020 Coronavirus Emergency Supplemental Funding Program Grant in the amount
of $632,422; and authorizing the Director of Finance to amend the Fiscal Year
2020/21 budget, appropriating $632,422 in both revenue and expenditures.
17. Authorize Replacement Professional Services Agreement with Axon
Enterprise, Inc.
Recommendation
Adopt Resolution No. 2020-129 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a replacement
Professional Services Agreement with Axon Enterprise, Inc., decreasing costs for
the remaining two years of an existing five-year agreement by $139,426.56.
18. Adopt a Resolution to Authorize the Issuance of FY 2020/21 Purchase Orders
for Annual Usage Fees, Software and Hardware Maintenance Service
Agreements
Recommendation
Adopt Resolution 2020-139 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the issuance of Fiscal Year 2020/2021 Purchase
Orders for the annual usage fees, software and or hardware support with Accela
Corporation, CelPlan, Earth Science Research Institute (ESRI), Konica Minolta,
NPA Computers, TPX, Tyler Technologies, and Verizon Cellular as outlined in the
report.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/17/2021
19. Amendment No. 2 to Professional Services Agreement with Annie Clark for
Accounting Services
Recommendation
Adopt Resolution 2020-138 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of Amendment No. 2 to
Professional Services Agreement for accounting consultant services between the
City of San Bernardino and Annie Clark, in an amount not to exceed $92,200; and
authorize the City Manager or designee to take any further actions as necessary to
effectuate the agreement.
20. Subordination of a Deed of Trust in Connection with 275 East 49Th Street,
San Bernardino, California
Recommendation
Adopt a Resolution No. 2020-141 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Housing Agency to the
Redevelopment Agency of the City of San Bernardino, approving a Subordination of
a Deed of Trust in connection with refinancing the Senior Mortgage relating to real
property located at 275 East 49th Street, San Bernardino, California.
21. Ratify and Accept the San Bernardino County Fire Protection District’s
(“District”) Ordinance No. FPD 20-01
Recommendation
Adopt Resolution No. 2020-140 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire
Protection District’s (“District”) Ordinance No. FPD 20-01, which amends and
adopts the 2019 Edition of the California Fire Code, known as California Code of
Regulations, Title 24, Part 9, based on the 2018 Edition of the International Fire
Code.
22. Award of a Construction Contract for City Yard Roof Replacement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-122:
1. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include City Yard
Roof Replacement (“Project’); and
2. Approving a total project budget in the amount of $308,017 for the construction
contract in the amount of $279,517 and project contingencies in the amount of
$28,500; and
3. Approving the award of a Construction Contract with Bligh Roof Co. DBA Bligh
Pacific of Santa Fe Springs, California in the amount of $279,517; and
4. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to
transfer a total of $308,017 from Public Works Building Maintenance accounts
001-400-0037-5172 (Equipment Maintenance) and 001-400-0037-5502
(Professional Contractual services) to Capital Improvement Project Fund 001-
160-8774 in support of the Project; and
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 13 Printed 6/17/2021
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
23. Five-Year Capital Improvement Program FY 2020/21 to FY 2024/25 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. 2020-143, approving the Measure I Five-Year
Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I
Expenditure Strategy.
24. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 4, Tax Zone No. 5 (TR
20006) APN 0261-181-16 and 0261-181-17
Recommendation
Adopt Resolution No. 2020-144 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. 4) and authorizing the
levy of a special taxes therein.
25. 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.
26. 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.
ITEMS TO BE REFERRED TO COMMITTEE
Council Member Nickel inquired on the City Manager assessment due to the
requirement stated in the City’s Charter.
Regular Meeting Agenda June 17, 2020
Mayor and City Council of the City of San Bernardino Page 14 Printed 6/17/2021
The City Council discussed whether they would move forward with the evaluation of the
City Manager considering they were in the process of recruiting a new City Manager
due to Ms. Ledoux retiring.
RESULT: Place the City Manager’s evaluation on the next Closed Session
agenda, FAILED 5-2.
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Ibarra, and Nickel
NOES: Sanchez, Figueroa, Shorett, Richard, and Mulvihill
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on conferences or meetings attended.
ADJOURNMENT
The meeting of the Mayor and City Council adjourned at 11:18 p.m. on Wednesday, June 17,
2020.
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,
June 24, 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