HomeMy WebLinkAbout03-18-2020 Annotated Agenda
CITY OF SAN BERNARDINO
ANNOTATED AGENDA
F OR THE
R EGULAR M EETING OF THE M AYOR AND C ITY C OUNCIL
OF THE C ITY OF S AN B ERNARDINO,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS
THE S UCCESSOR A GENCY TO THE R EDEVELOPMENT A GENCY,M AYOR AND C ITY C OUNCIL OF THE C ITY OF S AN
B ERNARDINO A CTING AS THE S UCCESSOR H OUSING A GENCY TO THE R EDEVELOPMENT A GENCY,AND M AYOR
AND C ITY C OUNCIL OF THE C ITY OF S AN B ERNARDINO A CTING AS THE H OUSING A UTHORITY
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WEDNESDAY, MARCH 18, 2020
5:30 PM –CLOSED SESSION 7:00 PM –OPEN SESSION
C OUNCIL C HAMBER •555 W EST 6 TH S TREET •S AN B ERNARDINO,CA 92410 • WWW.SBCITY.ORG
John Valdivia
Theodore SanchezJames Mulvihill
M AYOR
M AYOR P RO-T EM,W ARD 1C OUNCIL M EMBER,W ARD 7
Sandra IbarraTeri Ledoux
C OUNCIL M EMBER,W ARD 2C ITY M ANAGER
Juan FigueroaSonia Carvalho
C OUNCIL M EMBER,W ARD 3C ITY A TTORNEY
Fred Shorett
Genoveva Rocha
C OUNCIL M EMBER,W ARD 4A CTING C ITY C LERK
Henry NickelVACANT
C OUNCIL M EMBER,W ARD 5C ITY T REASURER
Bessine L. Richard
C OUNCIL M EMBER,W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak
to publiccomments@sbcity.orgprior to 4:30 p.m. Each request will cover one speaker. Those who
wish to speak must submit their own request to be called on by the Mayor.
o There is a 3 minute time limit, per person,for all comments, excluding public or quasi-judicial
hearings.
Regular Meeting Annotated Agenda March 18, 2020
o Written comment on any item may also be submitted tothe City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council Members andstaff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (909) 384-5002two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
CALL TO ORDER
The City Council meeting was called to order at 7:01 p.m. Councilmembers Ibarra,
Shorett, Richard, and Mayor Valdivia participated remotely.
City Attorney Sonia Carvalho participated remotely.
Attendee NamePresentAbsentLateArrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
Acting City Clerk Genoveva Rocha
City Attorney Sonia Carvalho
City Manager Teri Ledoux
5:30 P.M.
CLOSED SESSION
(A)CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i.Shaun Sandoval v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9915
ii.Bryce Hanes v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
10135
iii.Sergio Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19-
140478
iv.Jesse Joyce v. City of San Bernardino, Workers’ Comp. Claim No. CSBY-
9981
v.Juan Ochoa v. City of San Bernardino, Workers’ Comp. Claim No. 18-139223
vi.Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS2003802
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Regular Meeting Annotated Agenda March 18, 2020
vii.Redevelopment Agency of the City of San Bernardino v. DMC Investment
Holdings, LLC, Los Angeles County Superior Court Case No. BC465755
viii.Placo San Bernardino, LLC v. City of San Bernardino, et al., Los Angeles
County Superior Court Case No. 468955
ix.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)
x.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
xii.Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS1827968
xiii.Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th
Appellate District, Division 2, Case No. E074145 (Underlying SBSC Case No.
CIVDS1827968)
(B)CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): Three cases (see attached documents).
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor James Grant of Soldier forChrist Church led the invocation and the Pledge of
Allegiance to the Flag.
CLOSED SESSION REPORT
This item was heard after the Public Comments.
The Mayor and City Council recessed into Closed Session at 5:36 p.m.City Attorney
Sonia Carvalho announcedthat were was no reportable action taken during the Closed
Session meeting.
RESULT: City Attorney Sonia Carvalho stated that there was no reportable action
taken during Closed Session.
APPOINTMENTS
1.Judith Valles -Water Board Appointment -Mayor John Valdivia
Recommendation
Approve the at large appointment of Judith Valles to the Water Board. Ms. Valles
will replace Rikke V. Johnson with the term ending May 2022.
RESULT: Item No. 1 was not discussed. Ms. Valles withdrew her application
fromconsideration before the meeting of the Mayor and City Council.
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PRESENTATIONS
2.Chamber of Commerce & Local Elected Officials Announcements
RESULT: Due to the COVID-19 city closure the Chamber of Commerce
Announcements were cancelled.
3.Citizen of the Month –Alan Stanly, The Enterprise Building by Mayor Pro-Tem
TheodoreSanchez
RESULT: The Citizen of the Month presentation was postponed dueto the COVID-19
city closure.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOTLISTED ON THE AGENDA
This item was heard before the Closed Session Report.
At this time members of the public were invited to speak on items listed and items not
listed on the agenda.
STAFF REPORTS
4.City Manager Executive Recruitment Services
Recommendation
Adopt Resolution No. 2020-50of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Professional Services Agreement
with Bob Hall & Associates, Inc., for executive recruitment services for the position
of City Manager.
RESULT: ADOPTED \[6-1\]AdoptedStaff’s recommendation
MOVER: Fred Shorett, Council Member,Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill
NOES:Ibarra
5.Police Substation Plan
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the Police Substation Plan as outlined in this report.
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RESULT: APPROVED\[4-3\]ApprovedStaff’s recommendation
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Nickel, Richard
NOES:Ibarra, Shorett, Mulvihill
6.Encanto Community Center, 1180 W. 9TH Street (Former Boys Girls Club of
San Bernardino)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review, discuss and provide direction in reference to the operation and
th
maintenance of the Encanto Community Center located at 1180 W. 9Street, San
Bernardino, formerly known as the Boys and Girls Club of San Bernardino
(BGCSB).
RESULT:DIRECTED \[7-0\]The Mayor and City Council directed staff to
continue to assess the facility and determine the capital
improvements needed; evaluate the feasibility of programming the
Encanto Community Center with City led programming, including the
staffing and resources required to provide recreational and
community services in partnership with non-profit organizations that fit
with the City’s adopted strategic targets and goals..
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez,Ibarra,Figueroa, Shorett, Nickel, Richard, Mulvihill
7.Review Draft of Fiscal Year 2020-2025 Consolidated Plan, Analysis of
Impediments to Fair Housing (AI) and FY 2020/21 AAP and Provide
Recommendations or Comments to the Draft Documents.
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct the first public hearing on the review of the draft Fiscal Year
2020-2025 Consolidated Plan, Analysis of Impediments to Fair Housing (AI) and
Fiscal Year 2020/21 Annual Action Plan (AAP) and provide recommendation or
comments to the draft documents.
RESULT: APPROVED\[7-0\]Approved as recommended.
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: BessineRichard, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San BernardinoPage 5Printed 3/19/2020
Regular Meeting Annotated Agenda March 18, 2020
8.Staffing -Office of the Mayor
Recommendation
Receive an update and consider options associated with the staffing in the Office of
the Mayor.
RESULT:DIRECTED \[4-3\] The City Councilrequesteda budget amendment
that would reflect moving allstaffpositionswith the exception of one
position from the Office of the Mayorthe City Manager’s Office
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Nickel, Richard
NOES:Ibarra, Shorett, Mulvihill
9.Adopt a Resolution Ratifying Proclamation No. 2020-01 and Proclaiming the
Existence of a Local Emergency
Recommendation
Adopt Resolution No. 2020-51of the Mayor and City Council of the City of San
Bernardino, California, ratifying Proclamation No. 2020-01 and proclaiming the
existence of a local emergency.
RESULT: ADOPTED \[7-0\]The Mayor and City Council approved Staff’s
recommendationand directedadding a clauseto the resolution
where The City Manager is expressly authorized to establish a
temporary moratorium on evictions and enact other protections in
accordance with Executive Order N-28-20 issued by the Governor on
March 16.
MOVER: James Mulvihill, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
Mayor and City Council of the City of San BernardinoPage 6Printed 3/19/2020
Regular Meeting Annotated Agenda March 18, 2020
PUBLIC HEARINGS
10.First Reading of Ordinance No. MC-1531 for Sign Regulations Update
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1)Introduce for first reading, Ordinance No. MC-1531of the Mayor and City
Council of the City of San Bernardino, California, adopting the Negative
Declaration and 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
(Attachment 1);
2)Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on April 1, 2020.
RESULT: City Manager Teri Ledoux requested that the City Council consent to tabling
Item No. 10 to a future meeting to be determined. There were no objections
from the Mayor and City Council.
CONSENT CALENDAR
RESULT: ADOPTED \[7-0\] All items under the Consent Calendar were
unanimously approved.
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill
11.November 2019, January 2020, and February 2020 City Board, Commission,
and Citizen Advisory Committee Approved Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City Board, Commission, and
Citizen Advisory Committee meetings,approved in January and February 2020.
12.Approval of Commercial and Payroll Disbursements for February 2020
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial and payroll disbursements for February 2020.
Mayor and City Council of the City of San BernardinoPage 7Printed 3/19/2020
Regular Meeting Annotated Agenda March 18, 2020
13.Award of a Professional Service Agreement to ITERIS for the Implementation
of Advanced Dilemma Zone Detection at 49 Signalized Intersections (TC20-
008)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-47:
1.Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the
total award amount of $4,341,400; and
2.Approving the award of a Professional Service Agreement (“Agreement”) with
ITERIS, of Santa Ana, California, in the amount of $339,947 to perform design
services for Implementation of Advanced Dilemma Zone Detection at 49
Signalized Intersections (TC20-008) (“Project’); and
3.Authorizing the City Manager to execute the Agreement; and
4.Authorizing the Director of Finance to issue a purchase order in support of the
Agreement.
14.Award of Professional Service Agreement for Upgrades to Various Signal
Hardware at 224 Signalized Intersections on Various Arterials (TC20-007)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2020-48:
1.Accepting Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the
total award amount of $5,490,800; and
2.Approving the award of a Professional Service Agreement (“Agreement”) with
Kimley-Horn and Associates, Inc., of Riverside, California, in the amount of
$596,534.25 to perform design services for Upgrades to Various Signal
Hardware at 224 Signalized Intersections on Various Arterials (TC20-007)
(“Project”); and
3.Authorizing the City Manager to execute the Agreement; and
4.Authorizing the Director of Finance to issue a Purchase Order in support of the
Agreement.
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Regular Meeting Annotated Agenda March 18, 2020
nd
15.2Street Bridge Replacement at Warm Creek -First Amendment to Right of
Way Services Agreement with Overland Pacific Cutler, LLC
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-49:
1.Approving the First Amendment to Consultant Services Agreement with
Overland Pacific Cutler, LLC in theamount of $4,100 for a total Agreement
amount of $64,037; and
2.Extending the contract term to June 30, 2021; and
nd
3.Authorizing the Director of Finance to record a budget adjustment for the 2
Street Bridge Replacement Project,in an amount not to exceed $4,100,in the
Regional Development Impact Fee (DIF) Fund No. 264.
ITEMS TO BE REFERREDTO COMMITTEE
At this time, Councilmember Ibarra requested a staff report outlining the expenses
related to installing street sweeping signs.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on conferences/meetings attended from the Mayor or City
Council.
ADJOURNMENT
The Mayor and City Council meeting was adjourned on Wednesday, March 18, 2020 at 10:02
p.m.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Mayor and City Council of the City of San BernardinoPage 9Printed 3/19/2020