HomeMy WebLinkAbout08-19-2020 MCC RegularCity 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, AUGUST 19, 2020
5:30 PM
Closed Session of the Regular Meeting of the Mayor and City Council of the City of San
Bernardino was called to order at 5:32 p.m. by Mayor Valdivia on Wednesday, August 19, 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 5:58 p.m.
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
Jim Mulvihill
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Mayor and City Council of the City of San Bernardino Page 2
CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i. Paul Lentz v. City of San Bernardino, Workers’ Comp. Case No. ADJ36342
ii. Ashtyn Alexander v. City of San Bernardino, Workers’ Comp. Claim No. 18-
138571
iii. Michael Gomez v. City of San Bernardino, Workers’ Comp. Claim No. 18-
139152
iv. Sencio Chavez v. City of San Bernardino, Workers’ Comp. Claim No.
CSBY-9611
v. Christopher De La Cruz v. City of San Bernardino, Workers’ Comp. Claim
No. 19-141005
vi. Michael Smith v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9118
vii. Thomas Shank v. City of San Bernardino, Workers’ Comp. Claim No. 18-
133928
viii. Gary Powell v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9745
ix. Otis Herrington v. City of San Bernardino, Workers’ Comp Claim No. CSBY-
9791
x. Veronica Garcia v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ12031519 and ADJ8145927
xi. Kimberly Graham v. City of San Bernardino, Workers’ Comp. Claim No. 17-
132017
xii. 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)
xiii. 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
xiv.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)
xv. Mirna Cisneros, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012926
xvi. Jackie Aboud, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2013562
xvii. Karen Cervantes, an individual v. John Valdivia, et al., San Bernardino
Superior Court Case No. CIVDS2012538
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Two cases - Tort claim filed by Don Smith (dated March 31, 2020,
revised July 15, 2020) and tort claim filed by Matthew Brown (dated July 22, 2020).
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Mayor and City Council of the City of San Bernardino Page 3
(C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section
54957): City Manager
(D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6): Agency Designated Representatives: Bob Hall & Associates
and City Attorney; Unrepresented Employee: City Manager
7:00 p.m.
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was
called to order at 7:09 p.m. by Mayor Valdivia on Wednesday, August 19, 2020, via Web-
Conference, San Bernardino, CA.
INVOCATION AND PLEDGE OF ALLEGIANCE
There was no invocation given. Mayor Pro Tem Sanchez led the Pledge of Allegiance to
the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that the Closed Session items were discussed and
there was no reportable action.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
At this time, the following 21 recorded Public Comments were heard:
Dr. Siraj, Founder of ECS Labs, micro business cannabis applicant, spoke regarding the
First Reading of Ordinance MC-1541 Establishing the Maximum Number of Cannabis
Business Permits. He asked that the micro businesses and non-store front retail cannabis
establishments be excluded from the cannabis permit limit.
Acting City Clerk Rocha stated that the first recorded public comment was being heard
this evening since it was missed at the August 5, 2020 City Council Special Meeting.
Rayme Goodman, Ahmed, Christian Flores, Fabian Torres, Miriam Nieto, Michael
Segura, and Samuel Armando Castro all spoke regarding the lack of structure,
framework, and accountability of the Amended 2020-2021 Annual Action Plan Allocation
of COVID-19 Funds being received by the County of San Bernardino. They requested
that the language in the eviction moratorium be modified to protect families from
becoming homeless, and that there will be a fair and equitable distribution of rent relief
and eviction prevention funds for undocumented families. They asked that the Fiscal Year
2020-2021 budget be managed properly, be made public, and allow the direct service
providers to administer the Eviction Prevention Program rather than the San Bernardino
Housing Authority.
Janette McKaig, resident, asked Council Member Mulvihill about the progress of the
investigation into the alleged harassment by Mayor Valdivia. She asked why the report
had not yet been released.
Renee Johnson, resident, asked why there was partiality regarding the pop-up taco
stands in the city that were not adhering to COVID-19 requirements such as wearing
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Mayor and City Council of the City of San Bernardino Page 4
gloves, masks, and having no running water. She inquired as to how to recall Mayor
Valdivia.
Robert Porter, resident, spoke in opposition to potentially approving only 11 cannabis
licenses in the city, and stated that there should be at least 17 cannabis licenses approved
by City Council.
Shirley Harlan, resident, thanked the City Council for the repairs at the animal shelter.
She spoke about the need for transparency regarding the $68,000 investigation, findings,
and suggested a remedy into Mayor Valdivia’s behavior; whether criminal or civil in
nature.
Sapiro Tejas asked how the $6.5 million in COVID-19 relief would be used and where
could the information be found. She inquired if the children of the community would benefit
from these funds.
Merv Simkavich (phonetic spelling), expressed support of the Final Reading of Ordinance
MC-1541 Establishing the Maximum Number of Cannabis Business Permits.
Maribel Nunez, spoke regarding using CARES and ESG funds for a rental assistance
program for $1,295 per month for the next three months.
Christopher Gonzalez, also spoke regarding using CARES and ESG funds for a rental
assistance program for $1,295 per month for the next three months.
Mirella Gonzales, in Spanish, also spoke regarding using CARES and ESG funds for a
rental assistance program for $1,295 per month for the next three months.
Treasure Ortiz commented about the amount of litigation that the city is facing regarding
worker’s compensation, Pepe’s Towing, and claims against the mayor for harassment.
She expressed concern for the cost involved when the city’s reserves were already low.
Leticia Garcia, asked that the report regarding the claims against the Mayor for sexual
harassment be made public as soon as possible. She stated that the City Council must
do the right thing and release the report immediately. She requested that City Attorney
Carvalho resign her position due to claims made against her regarding conflict of interest.
Jocelyn Daugherty, resident, spoke in opposition to Measure F as citizens are being taxed
for poor decisions made by City Council.
Ryan Oganesian, President of RD San Bernardino, LLC and commercial cannabis
applicant No. CCB-18-0025, spoke in support of the original proposal from July 2020 for
increasing the number of commercial cannabis license permits from 11 to 17 as it would
benefit the city and the community as a whole, as a reliable source of tax revenue and for
medicinal uses for those in need.
Acting City Clerk Rocha read into record the names of individuals who submitted written
public comments regarding Item No. 4 on tonight’s agenda: Aaron Albrecht, Andrea
Garcia, Ariel Dolan, Beatrice Esparza, Deja Holland, Fanelly Milan, Boraz Rigsby, Felicia
Jones, Jeremiah Flores, Jule Patterson, Mary Angeles Guerrero, Maria Marta, Mia
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Mayor and City Council of the City of San Bernardino Page 5
Cooper, Paul Quick, Rayme Goodman, Ramona Johnson, Sonya Grey-Hunn, and Victor
Ponce de Leon.
Acting City Clerk Rocha stated that Mr. Merv Simkavich submitted a written public
comment regarding Item No. 15 regarding the final reading of Ordinance MC 1541, in
addition to his recorded voice comment.
Acting City Clerk Rocha stated that Mr. Tim Dorame submitted a written public comment
regarding a sunshine ordinance.
Council Member Richard announced that Mayor Valdivia had lost his father, Gilbert
Valdivia and asked that the meeting be adjourned in his memory.
City Manager Teri Ledoux introduced and welcomed new Animal Services Director
Kristine Watson. Ms. Watson stated that she was excited to be there and was looking
forward to working with the team and serving San Bernardino residents and their animals.
STAFF REPORTS
1. Report on Use of Measure Z Funds for Fiscal Years 2016/17 through 2018/19
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive a report on the use of Measure Z funds and accompanying
independent auditor reports for fiscal years 2016/17 through 2018/19 approved
by the Measure Z Citizen’s Oversight Committee on August 10, 2020; and
2. Consider the recommendations provided by the Measure Z Citizen’s Oversight
Committee to adopt clear fiscal policies and procedures for the use of the City’s
revenue. The City’s fiscal policies should be established to ensure the City’s
long-term fiscal stability, providing clear direction so that the City’s finances are
managed in a manner that will provide for the delivery of quality services;
ensure a balanced budget; and establish reserves necessary to meet known
and unknown future obligations. The Committee further recommends that the
City Council direct staff to prepare these fiscal policies to be reviewed by the
Oversight Committee for input prior to being presented to the City Council for
adoption. Should voters approve a 1% general district sales tax in November
2020 (renewing and increasing the Measure Z district sales tax scheduled to
sunset on March 31, 2022) the Committee recommends the City Council
provide clear direction as to how this revenue will be allocated including
measurable goals prior to the November 2020 general election. The Mayor and
City Council will need to establish clear guidelines along with an expenditure
plan that will enable the Committee to participate in the review and oversight of
the use of this revenue in keeping with the City’s priorities including a balanced
distribution of resources to support:
• Public safety, emergency response and violence intervention services
• Cleaner and safer neighborhoods
• Retaining and attracting new businesses
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Mayor and City Council of the City of San Bernardino Page 6
• Street, park, and library maintenance/improvements
• Youth, senior, and homeless service programs
Additionally, the Committee recommended that the City complete an annual audit
report with the Oversight Committee assigned responsibility for reviewing the City’s
compliance with the expenditure plan established for the use of the general district
sales tax revenue.
Sam Singery, Accounting Manager, gave a presentation, which he stated had also been
given to the Measure Z Advisory Committee. Measure Z Advisory Committee Chairperson
Reverend Bronica Martindale-Taylor gave the committee’s recommendations as included
in the PowerPoint presentation.
City Council discussion included: Commending the Measure Z Citizen’s Oversight Board
on their recommendations; potential issues if adopted; clarification that Measure Z was a
general tax, but that City Council could adopt general guidelines regarding its
expenditures; request to bring the policy recommendations back to the Mayor and City
Council in the form of a resolution for adoption at a future date; and a potential workshop
to discuss where to allocate the funds such as quality of life, economic development, etc.
to attract businesses.
RESULT: APPROVED STAFF'S RECOMMENDATION AND REQUESTED
THAT THE RECOMMENDATIONS PROVIDED BY THE MEASURE
Z COMMITTEE BE BROUGHT BACK FOR THE MAYOR AND CITY
COUNCIL'S CONSIDERATION AT A FUTURE MEETING, AND TO
HOLD A WORKSHOP REGARDING THE ALLOCATION OF FUNDS
[6-0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSENT: Juan Figueroa
2. Approve Changes in the Long-Range Property Management Plan Property
Disposition Designations for the Real Property Located at 562 West 4th
Street San Bernardino (APNs 0134-131-10 and 0134-131-30) and 780 North
“E” Street, San Bernardino (APN 0140-273-21) – Successor Agency Action
Recommendation:
Adopt Resolution No. 2020-145, of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, approving changes to the Long-Range
Property Management Plan (LRMP) property disposition designations for the real
property located at 562 West 4th Street, San Bernardino (APNs 0134-131-10 and
0134-131-30) and 780 North “E” Street, San Bernardino (APN 0140-273-21) from
future development use to government use.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 7
RESULT: ADOPTED RESOLUTION NO. 2020-145 [6-0]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSENT: Juan Figueroa
3. City Clerk Employment Agreement
Recommendation
Adopt Resolution No. 2020-212 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute an employment
agreement for the position of City Clerk (U) with Genoveva Rocha to commence
on August 19, 2020.
Human Resources Director Edelia Eveland presented the staff report. She noted that she
was required to read the following statement into the record: “In accordance with
Government Code Section 54953(c)(3), the legislative body is required to orally report a
summary of the recommendation for a final action on the salaries, salary schedules, and
compensation paid in the form of fringe benefits of a local agency executive during the
open meeting in which the final action is to be taken.” She noted that Item No. 3 was a
contract for the position of City Clerk, the base salary was $123,336 per year, the position
receives management/confidential unit benefits, and the City Clerk receives a vehicle
allowance pursuant to Resolution No. 2018-171.
Mayor Valdivia requested that City Manager Ledoux call the vote, since the City Clerk
was the subject of the item.
RESULT: ADOPTED RESOLUTION NO. 2020-212 [UNANIMOUS]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill, Valdivia
NAYS: None
ABSENT: Juan Figueroa
PUBLIC HEARINGS
4. Substantial Amendment Action Plan - Coronavirus Relief Funds
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California hold a public hearing and:
1. Adopt a Substantial Amendment to the FY 2020/21 Action Plan:
a. Directing the Finance Director to amend the Fiscal Year 2020/21 Budget
pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action
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Mayor and City Council of the City of San Bernardino Page 8
Plan;
b. Directing the Finance Director to establish new funds and associated
accounts for the Community Development Block Grant (CDBG-CV1), the
Emergency Solutions Grant (ESG-CV1) and (ESG-CV2), pursuant to the
Substantial Amendment to the Fiscal Year 2020-2021 Action Plan;
c. Directing the Finance Director to establish an account in the Low Mod
Housing Fund (Fund 127), in the amount of $1,049,000 for Seccombe Park
Housing Project, and reduce the budget for the project under HOME fund
116 by the same;
d. Authorizing the City Manager or designee to take any further actions and
execute any further documents and certifications as may be necessary to
effectuate the submittal of the Substantial Amendment to the Fiscal Year
2020/21 Action Plan; and
2. Adopt Resolution No. 2020-211 of the Mayor and City Council of the City of
San Bernardino, California, authorizing the City Manager to utilize the State
allocated Coronavirus Relief Funds for eligible activities as authorized by the
US Department of the Treasury.
Mayor Valdivia opened the Public Hearing at 8:30 p.m.
Housing Manager Gretel Noble presented the staff report.
Discussion included establishing a formal partnership with the County of San Bernardino
to pool resources and address homelessness on a broader scale, how many beds the
City partners currently have available for homeless, and how the various types of funds
have been distributed to community partners.
The Mayor and City Council discussed Project No. 11 in the report for the substantial
amendment to the Fiscal year 2020-21 budget, which included $1,300,000 in HOME
(HOME Investment Partnerships Program) funds allocated to two different locations in
the City for permanent housing for the homeless; 450 N. G St. and 2626 Pacific Street.
Council Members expressed concerns regarding the 450 N. G St. which had been
determined by San Bernardino County without the City’s input.
Council Member Nickel made a motion to provide a portion of the $1,300,000 HOME
funding to the 2626 Pacific Street location only, and that no funding be provided for the
450 N. G St. location at this time, due to the Mayor and City Council’s concerns.
Housing Manager Noble confirmed that 2626 Pacific Street would receive their portion of
the funding, the exact amount to be determined, and the rest of the funds would be put
on hold until the issues with the other location are resolved.
The one Public Comment for the Public Hearing was as follows:
Lucia Gallegos spoke in support of allocating funds for rent relief for San Bernardino
residents.
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Mayor and City Council of the City of San Bernardino Page 9
At the time the vote was called, Council Member Figueroa stated that he had been
present for Closed Session; however, he was unable to gain access to the meeting
audio to vote. He further stated that since he was only able to re-connect to the
web conference in the midst of the discussion of this item (No. 4) that he was going
to abstain from the vote.
RESULT: APPROVED STAFF’S RECOMMENDATION, WITH AN
AMENDMENT TO THE HOME FUNDING PORTION OF THE
BUDGET AMENDMENT – NO FUNDS WILL BE PROVIDED TO THE
450 N. G ST. HOMELESS HOUSING LOCATION AT THIS TIME [6
TO 0]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Ibarra, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ABSTAIN: Juan Figueroa
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. 9, 11, 13, 15, 16 and 18 FOR SEPARATE DISCUSSION [7-0]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
5. June and July 2020 City Board, Commission, and Citizen Advisory Committee
Approved Minutes
Recommendation
Receive and file the minutes from the City Board, Commission, and Citizen Advisory
Committee meetings approved in July 2020.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
6. 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 July 2020.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 10
RESULT: APPROVED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
7. Resolution Authorizing the OTS TRIP Grant
Recommendation
Adopt Resolution No. 2020-200 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY
2020/2021 Adopted Budget by $48,800.
RESULT: ADOPTED RESOLUTION NO. 2020-200 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
8. Resolution Authorizing a Purchase and Sale Agreement Between the City of
San Bernardino and LEHR Auto Electric; Amending the Budget; and Issuing a
Purchase Order to LEHR Auto Electric and Fairview Ford, Pursuant to the San
Manuel Community Credit Fund Restricted Grant Agreement
Recommendation
Adopt Resolution No. 2020-201 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 LEHR Auto Electric;
authorizing the Director of Finance to amend the FY 2020/21 Adopted Budget,
appropriating $659,257 to issue a purchase order to LEHR Auto Electric in an amount
not to exceed $120,000 and a purchase order to Fairview Ford in an amount not to
exceed $84,000, and further authorize the Director of Finance to amend the
FY 2020/21 Adopted Budget to transfer the Unfunded Actuarial Liability in the amount
of $312,369 from 001-210-8652-5034 into 001-120-0078-5034.
RESULT: ADOPTED RESOLUTION NO. 2020-201 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
9. Resolution to Issue a Purchase Order to Fairview Ford Sales, Inc., for the
Purchase of COVID-19 Resistant Vehicles
Recommendation
Adopt Resolution No. 2020-202 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to issue a Purchase Order
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Mayor and City Council of the City of San Bernardino Page 11
to Fairview Ford Sales, Inc., in an amount not to exceed $210,000.
Police Chief Eric McBride clarified that these funds were obtained through a Federal
Grant for adding COVID-19-related features to five police vehicles for prisoner transport
safety.
RESULT: ADOPTED RESOLUTION NO. 2020-202 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra
10. Professional Services Agreement for Workers' Compensation Legal Services
Recommendation
Adopt Resolution No. 2020-203 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between Goldman, Magdalin & Krikes LLP and the City of San
Bernardino for workers’ compensation legal services.
RESULT: ADOPTED RESOLUTION NO. 2020-203 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
11. First Amendment to the Professional Services Agreement Between the City of
San Bernardino and Joe A. Gonsalves & Son for State Legislative Advocacy
Services
Recommendation
Adopt Resolution No. 2020-204 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the First Amendment
to the Professional Services Agreement between the City of San Bernardino and Joe
A. Gonsalves & Son for State Legislative Advocacy Services.
Council Member Ibarra made a motion to reject this item. The motion was seconded by
Council Member Shorett.
Council Member Nickel made a substitute motion to table the item until a new City
Manager is hired so that he or she may contribute to this decision. This motion was
seconded by Mayor Pro Tem Sanchez.
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Mayor and City Council of the City of San Bernardino Page 12
RESULT: SUBSTITUTE MOTION TO TABLE THE ITEM – FAILED [3 TO 4]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Theodore Sanchez, Mayor Pro Tem, Ward 1
AYES: Sanchez, Nickel, Richard
NAYS: Ibarra, Figueroa, Shorett, Mulvihill
At this time, the vote was taken on Council Member Ibarra’s original motion to reject staff’s
recommendation.
RESULT: APPROVED TO REJECT THE 1ST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
AND JOE A. GONSALVES & SON FOR STATE LEGISLATIVE
ADVOCACY SERVICES [4 TO 3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Ibarra, Figueroa, Shorett, Mulvihill
NAYS: Sanchez, Nickel, Richard
12. Purchase and Sale Agreement with Mat Baburyan, Trustee of the Mat Baburyan
Revocable Trust, Dated February 21, 2017, with Respect to the Real Property
Located at 757 and 761 N. Mt. Vernon Avenue (APNs 0139-291-60 and 0139-291-
61) – Successor Agency Action
Recommendation
Adopt Resolution No. 2020-199 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, approving the Purchase and Sale Agreement
and Joint Escrow Instructions between the Successor Agency and Mat Baburyan,
Trustee of the Mat Baburyan Revocable Trust, dated February 21, 2017, with respect
to the real property located at 575 and 761 N. Mt. Vernon Avenue, San Bernardino,
California (APNs 0139-291-60 and 0139-291-61), and approve certain related
actions.
RESULT: ADOPTED RESOLUTION NO. 2020-199 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
13. Resolution Approving the Transfer of City Real Property Assets to Housing
Partners I, Inc.
Recommendation
Adopt Resolution No. 2020-205 of the Mayor and City Council of the City of San
Bernardino, California, approving the transfer of certain City-owned real property
assets to Housing Partners I Inc., for the Infill Housing Program and authorize the
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Mayor and City Council of the City of San Bernardino Page 13
City Manager or designee to take any further actions as necessary to effectuate the
transfer of the real property assets.
Council Member Ibarra stated she would be voting “no” on this item.
RESULT: ADOPTED RESOLUTION NO. 2020-205 [5 TO 2]
MOVER: Bessine L. Richard, Council Member, Ward 6
SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
AYES: Sanchez, Figueroa, Nickel, Richard, Mulvihill
NAYS: Ibarra, Shorett
14. Resolution Approving a Subordination of a Deed of Trust for 3248 Greystone
Road, San Bernardino, California
Recommendation
Adopt Resolution No. 2020-206 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 a refinancing of the senior mortgage relating to
real property located at 3248 Greystone Road, San Bernardino, California.
RESULT: ADOPTED RESOLUTION NO. 2020-206 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
15. Final Reading of Ordinance MC-1541 Establishing the Maximum Number of
Cannabis Business Permits
Recommendation
Accept for final reading and adopt Ordinance MC-1541 of the Mayor and City Council
of the City of San Bernardino, California, establishing the maximum number of
cannabis business permits authorized, pursuant to Section 5.10.080 of the San
Bernardino Municipal Code.
There was discussion amongst the City Council regarding the number of retail cannabis
locations in the City per number of residents, the physical distance between locations,
and Elected Official participation in cannabis application decisions.
Mayor Pro Tem Sanchez made a motion to modify the Ordinance to allow only one retail
cannabis license per every 12,500 residents in the City, and to introduce integrity
standards regarding relationships between cannabis applicants and elected officials. The
motion was seconded by Council Member Richard.
Mayor Valdivia announced he would be abstaining from this item out of an abundance of
caution even though he did not have any conflicts of interest. Mayor Pro Tem Sanchez
chaired the meeting during his absence.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 14
City Attorney Carvalho clarified Mayor Pro Tem Sanchez’s motion and read a portion of
Section 5.10 of the Municipal Code of the City of San Bernardino to clarify the meaning
of “retail”.
Council Member Mulvihill asked Mayor Pro Tem Sanchez to amend his motion to include
a distance requirement of 2,500 feet between cannabis retail locations.
City Attorney Carvalho confirmed that per the Municipal Code, the City Council only has
the authority to decide how many permits to issue, and what types of permits to issue.
She stated that the City Council is not allowed to decide what the physical distance
between outlets should be. She advised that Director Huntley would have to bring that
standard back as a Zoning Code Amendment.
RESULT: INTRODUCED ORDINANCE MC-1541 AND DIRECTED STAFF TO
AMEND THE ORDINANCE TO ONLY ALLOW ONE RETAIL
CANNABIS LICENSE PER EVERY 12,500 CITY RESIDENTS
(TOTALING 17 RETAIL ESTABLISHMENTS), AND INCLUDE
INTEGRITY GUIDELINES THAT FORBID ELECTED OFFICIALS
FROM BEING INVOLVED IN THE APPLICATION PROCESS [5 TO
2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard
NAYS: Shorett, Mulvihill
Mayor Valdivia returned after the vote for Item No. 15 was completed.
16. Resolution Approving a Construction Agreement W/Tetra Tech for Waterman
Landfill Upgrades
Recommendation
Adopt Resolution No. 2020-142 of the Mayor and City Council of the City of San
Bernardino, California, approving a construction contract with Tetra Tech, Inc. of San
Bernardino, California, for landfill gas collection and treatment system upgrades at
the Waterman Landfill and authorizing the City Manager to execute the contract.
Council Member Figueroa stated that he would not support this item.
Public Works Director Kris Jensen clarified that this project had already been approved
and had already started, and the item only changes the type of agreement the City has
with Tetra Tech.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 15
RESULT: ADOPTED RESOLUTION NO. 2020-142 [5 TO 2]
MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1
SECONDER: Bessine L. Richard, Council Member, Ward 6
AYES: Sanchez, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra, Juan Figueroa
17. Resolution Awarding a Construction Contract to TSR Construction and
Inspection for Animal Shelter Electrical Service Replacement
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-207:
1. Approving a total project budget for the Animal Shelter Electrical Service
Replacement Project (CIP GB20-001) in the amount of $213,000 for the
construction contract in the amount of $187,389, project contingencies in the
amount of $19,000, and engineering and inspection budgets in the amount of
$6,611; and
2. Approving the award of a Construction Contract with TSR Construction and
Inspection of Rancho Cucamonga, California in the amount of $187,389; and
3. Authorizing the Acting Director of Finance to amend the adopted FY 2020/21 CIP
to reflect a total project budget of $213,000 and record any necessary budget
adjustments in Animal Shelter Improvement Fund No. 124; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
RESULT: ADOPTED RESOLUTION NO. 2020-207 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
18. Resolution Approving the Patton Basin Outlet Repair Change Order
Recommendation
Adopt Resolution No. 2020-208 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Contract Change
Order (CCO) #1 to Project No. 8015 with Jeremy Harris Construction Inc., in the
amount of $78,595.50, for a full construction contract not-to-exceed amount of
$574,966.50 and authorizing the Acting Director of Finance to increase the purchase
order to reflect the full construction cost.
Council Member Ibarra stated that she pulled this item because she wanted to vote in
opposition to it.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 16
RESULT: ADOPTED RESOLUTION NO. 2020-208 [6 TO 1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Jim Mulvihill, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: Sandra Ibarra
19. Resolution Approving Revised Cooperative Agreement with SBCTA for
Metrolink Accessibility Phase II
Recommendation
Adopt Resolution No. 2020-209 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute the revised
Cooperative Agreement No. 20-1002318 with the San Bernardino County
Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink
Station Accessibility Improvement Project and authorizing the Acting Director of
Finance to record a budget adjustment in the Measure I Fund No. 129 in the amount
of $18,000 to support the project.
RESULT: ADOPTED RESOLUTION NO. 2020-209 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
20. First Amendment to Vendor Services Agreement with RP Landscape and
Irrigation - Bryce Hanes Park
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, adopt Resolution 2020-210:
1. Approving First Amendment to Vendor Services Agreement between the City of
San Bernardino, California, and RP Landscape and Irrigation for landscape
maintenance of the City’s north, central and south park sites (“First Amendment”)
through June 30, 2021, to include maintenance services at Bryce Hanes Park in
the amount of $32,787 for FY 2020/21 ($3,278.70 per month); and
2. Authorizing the City Manager to execute the First Amendment; and
3. Authorizing the Director of Finance to record budget adjustments to FY 2020/21
Operating Budget for Bryce Hanes Park Landscape Maintenance Fund No. 001-
400-8790 to support the park’s landscape maintenance contract, infrastructure
maintenance and utility expenses totaling $66,188.
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 17
RESULT: ADOPTED RESOLUTION NO. 2020-210 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
21. Final Reading and Adoption of Ordinance MC-1538 Amending Ordinance MC-
1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1538 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2020/21 to pay the annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement and administrative expenses,
with respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1538 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
22. Final Reading and Adoption of Ordinance MC-1539 Amending Ordinance MC-
1522 and Levying Special Taxes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1539 amending
Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year
2020/21 to pay the annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement and administrative expenses
with respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services).
RESULT: ADOPTED ORDINANCE NO. MC-1539 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
Regular Meeting Draft Minutes August 19, 2020
Mayor and City Council of the City of San Bernardino Page 18
23. Authorization to Issue a Purchase Order to Connections for the Renewal of
Microsoft Office 365 in an Amount Not to Exceed $166,345.00 for FY 2020/21
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager or designee to authorize the purchase of
Microsoft Office 365 from Connections in an amount not to exceed $166,345.
RESULT: APPROVED THE PURCHASE ORDER [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
24. Final Reading and Adoption of Ordinance MC-1540 Authorizing the Levy of
Special Taxes
Recommendation
It is recommended that the Mayor and City Council if the City of San Bernardino,
California, conduct a final reading and adopt Ordinance MC-1540 levying special
taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of certain
public improvements and costs of administration with respect to City of San
Bernardino Community Facilities District No. 2020-1.
RESULT: ADOPTED ORDINANCE NO. MC-1540 [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
NAYS: None
ADJOURNMENT
The Meeting of the Mayor and City Council was adjourned at 10:50 p.m. on Wednesday,
August 19, 2020, in memory of Mayor Valdivia’s father, Gilbert Valdivia.
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, September 2, 2020, in the Council Chamber located at 201 North “E”
Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and
Open Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC